Below are the new arguments of Raanan Katz and RK Centers recently filed with Miami Court in regards to RK Centers use of "gotcha clause" in their leases.
"...blogger represents that Raanan Katz, Daniel Katz, RK Centers are engaging in an "improper business tactics" by "the continued use of a 'gotcha clause' in leases with tenants." Blogger contends that "RK Centers practice and clause was specifically decried against by a previous court against RK Centers."
Further, RK Centers and Raanan Katz argued:
"Blogger ignores however, that the prior court was not an appellate court, and the subject order was case specific. The state court judge did not order that Plaintiffs could not use the clause in other leases if the tenants agreed to the contractual provision."
Does Raanan Katz actually state here that Court orders are not applicable to him?
In fact, Miami Court order speaks for itself "GOTCHA and AGAINST PUBLIC POLICY that this court cannot and WILL not condone"
Additionally RK Centers, Raanan Katz admitted:
"The so-called "gotcha clause" is a provision in Plaintiffs' (RK Centers, Raanan Katz) standard lease that provides that the lease will automatically renew at the end of the term unless the tenant decides not to renew. Moreover, as Daniel Katz testified in the May 15 hearing, the tenants specifically initial and authorize this provision. Plaintiffs advise their tenants before the expiration of the lease whether it is going to expire or be renewed. The tenants do not have to automatically renew if they decide not to. There is nothing unlawful or fraudulent about such an arms-length, agreed-upon contractual provision."
Obviously, tenants "do not have to automatically renew", this is in Ranan Katz' financial interest to automatically renew the lease for as long as he wishes, especially when the tenant is already out and the new tenant is in.
|