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Every Law suit or anything you file in court is public record This is to inform you what Bella Apartments is and what they do. I should have checked the reviews first before I rented from them. This is just the beginning
IN THE COUNTY
COURT IN AND FOR
OSCEOLA COUNTY,
FLORIDA
Bella Property
Owners LLC
Milestone
Management GP LLC
3101
Segreto Lane
Kissimmee
Florida 34747
407
397-1800
Case Number_2016cc143ev
Plaintiff(s)
VS
Loretta Miller
Marcus
F Miller
8405
Meer Way #101
Kissimmee,
Florida 34747
Defendant(s)
ANSWER
TO EVICTION AND COUNTER SUIT FOR
NON-COMPLAINCE AND BREACH OF CONTRACT
NOW
COMES, the above named Defendants(s) Loretta Miller and
Marcus F Miller (Millers) counter sues the above named Plaintiffs(s) Bella Property
Owners LLC for the harassment, damages and invasion of the apartment breach of
contract, breach of the lease and non-compliance of Florida Laws Reasons stated
below:
1. The
Millers never heard of Bella Property Owners LLC but according to the lease it
states that the owners are Bella Apartments (Exhibit A paragraph 1 of the
lease) which is managed by Milestone Management GP LLC.
2. The
Millers never got a notice of a change of name of ownership or who to contact
as legal owners other than Bella Apartments which is on the lease.
3. This
Bella Property Owners LLC name is not on (the exhibit A) the lease but name
Bella Apartments is. It is not clear who Bella Property Owners LLC is and if
they have a right to evict since that name was not this lease. Bella Property
Owners LLC has no standing. This eviction was incorrectly served by not using
the correct name on the lease for owners. Clarify what, when and who Bella
Property Owners LLC and the show proof of ownership and that all leases that
state Bella Apartments were transferred to the Bella Property Owners LLC. And at the time of signing the lease the name
Bella Apartments were used and not the name of Bella Property Owners LLC.
4. This
eviction was improperly written and that the wrong name of the owners according
to the lease was used.
COUNTER
CLAIM
5. Cruelty
to Animals: In the pass 9 ½ months the Landlords have entered the Plaintiff’s
apartment without permission at least once a week. The Millers have found
various items moved and tools left in the apartment as well as Loretta Miller
and Marcus Miller’s service pet Baby a dachshund placed and locked in the
bathroom without water and proper bedding. This caused Baby to howl for hours
with distress and fear in the dark.
6. In
the past 9 ½ months the Landlord’s lawn service has cut the wire to the Plaintiff’s
satellite dish twice.
7. The
Landlords have entered the apartment without consent. First time Loretta Miller
was naked and in the shower. Second time Marcus Miller and Loretta Miller were
sleeping in their separate bedrooms to plunge a shower drain. Third time was
Community Manager insisted on inspecting the apartment stating that Millers
were moving or had moved was doing a move out walk. She had keys and was
entering the apartment without consent. The Millers were not the moving
tenants. The Community Manager insisted she sent a letter stating she was going
to be there at the day of move. No letter was received.
8. On
October 18, 2015 maintenance personal was seen approaching the Millers car
placing a sticker on it claiming my car was parked in a non-parking space with
expired tags. Parking is included with the lease and the Millers were parked
with updated stickers and in a parking area in front of the Millers apartment.
The Landlords threatened in this sticker to tow the car without a name of a
towing company.
9. The
Millers learned that the Landlords hire off duty Sheriffs to tow cars at the
will of the Apartment Community in exchange for a discounted or free apartment.
This is a form of bribing a law officers in doing favors of grand auto theft.
10. The
Millers also learned that the security gate is left open all night so that a
tow truck could enter and steal cars to take to an unknown place by Landlord
via off duty Sheriffs who have no standing once off duty to tow cars. (c) The landlord or a person authorized by the landlord,
when such motor vehicle or vessel remained on the premises after the tenancy
terminated and the removal is done in compliance with s. 715.104;
715.104 Notification of former tenant of
personal property remaining on premises after tenancy has terminated.—
(1) When personal property remains on the
premises after a tenancy has terminated or expired and the premises have been
vacated by the tenant, through eviction or otherwise, the landlord shall give
written notice to such tenant and to any other person the landlord reasonably
believes to be the owner of the property.
(2) The notice shall describe the property
in a manner reasonably adequate to permit the owner of the property to identify
it. The notice may describe all or a portion of the property, but the
limitation of liability provided by s. 715.11 does not protect the landlord from
any liability arising from the disposition of property not described in the
notice, except that a trunk, valise, box, or other container which is locked,
fastened, or tied in a manner which deters immediate access to its contents may
be described as such without describing its contents. The notice shall advise
the person to be notified that reasonable costs of storage may be charged
before the property is returned, and the notice shall state where the property
may be claimed and the date before which the claim must be made. The date
specified in the notice shall be a date not fewer than 10 days after the notice
is personally delivered or, if mailed, not fewer than 15 days after the notice
is deposited in the mail.
(3) The notice shall be personally
delivered or sent by first-class mail, postage prepaid, to the person to be
notified at her or his last known address and, if there is reason to believe
that the notice sent to that address will not be received by that person, also
delivered or sent to such other address, if any, known to the landlord where
such person may reasonably be expected to receive the notice.
11.
Since the Miller’s
lease was not terminated nor have they moved or abandoned the vehicle and it
was parked in a legal parking spot assured by the lease there was no reason to
tow or to threaten the Millers of a tow but the Landlord was forcing an
eviction which clearly breaches the lease.
12. The
Landlord can only tow a car if the Tenant has moved and is no longer the tenant
which is not in this case. According to 713.78 Liens
for recovering, towing, or storing vehicles and vessels.
13. According
to the law, the Millers have the right to Quiet
Enjoyment. Quiet enjoyment is a covenant that the landlord has the title
and the right to deliver possession of the premises to the Tenant and once
delivered, the Tenant’s right of possession will not be disturbed. This included
in the lease a parking spot which is also covered by Quiet Enjoyment. The duty
to secure quiet enjoyment is continuing covenant throughout the term of the
lease and extends to parking of the car.
14. Landlord
covenants that as long as the tenant faithfully performs the covenants that are
the obligation under this lease, the landlord will assure tenant’s quiet and
peaceable possession of the premises for the leases term.
15. Landlord
warrants that he or she is the owner in fee simple of the premises, subject
only to those matters described in Florida Laws Appendix B (Exceptions to
Title).
16. Landlord
will put into the possession of the premises at the beginning of the terms but
will not be liable to the tenant if the possession is delayed, the rent will be
abated for the period from the beginning of the lease to the present tenant is
removed. The term of the lease will not change by reason of such delay.
Violations of the
Covenant of Quiet Enjoyment
17. Unlawful
Ouster of the Tenant which includes making it impossible to live in a rental by
harassment and threats such as towing a car whether or not the plates are
expired.
18. Constructive
eviction.
“A
constructive eviction occurs when a Tenant is essentially deprived of the
beneficial enjoyment of the leased premises where thy rendered unsuitable for
occupancy for the purpose for which they leased” Barton v Mitchell Co., 507
S.2d 148 (Fla 4th DCA 1987) citing Hankins v Smith, 138 So 494 Fla
1931
“A”
constructive eviction” is an act which, although not amounting to the actual
eviction is done with the expressed or implied intention and has effect of the
essentially interfering with the Tenant’s beneficial enjoyment of the leased
premises” Bermuda Ave. Shopping Center associates L.P. V Rappaport, 565 So. 2nd
805 (Fla.5th DCA 1990).
19. 83.51 Landlord’s
obligation to maintain premises. (2)(a) Unless
otherwise agreed in writing, in addition to the requirements of subsection (1),
the landlord of a dwelling unit other than a single-family home or duplex
shall, at all times during the tenancy, make reasonable provisions for: 1. The
extermination of rats, mice, roaches, ants,
wood-destroying organisms, and bedbugs. When vacation of the premises is
required for such extermination, the landlord is not liable for damages but
shall abate the rent. The tenant must temporarily vacate the premises for a period
of time not to exceed 4 days, on 7 days’ written notice, if necessary, for
extermination pursuant to this subparagraph.
20. There are fire ants throughout the property and the landlord
refused and still refuses to exterminate them. The Millers had to buy anti-fire
ant products to rid the fire ants from the outside to prevent them from
invading the apartment. The landlord was informed of this numerous times. Their
response was move. The clean and safe condition of common areas.
21. The landlord refuses to pick up dog feces of the other
tenants and during the hot summer months the smell and cooking of the fecal matter
outside caused flies and foul smells that seeped into the apartment. The
Millers were forced to pick up other tenant’s dog feces and dispose of it.
22. There are fleas and ticks throughout the lawns and grassy
knolls.
23. There are black snakes in the bushes as well as rats from the
trash throughout the property. The Millers called the code division to try to
get the County of OSCEOLA to cite Bella Apartments but
because this is private property and this is a tenant Landlord situation the
County’s hands are tied. Bella Apartments are allowed to continue abusing the
tenants with their non-compliance with snakes, rats, fleas and ants even though
it is very clear in Florida Law it is a violation of code 19.83.51 (2)(a) {1} at all times during the tenancy, make
reasonable provisions for: 1. The extermination of rats, mice, roaches, ants, wood-destroying organisms, and
bedbugs.
24. Bella Apartments charge $1.50 plus a $2.00 bill processing
fee for extermination services they never provide. According to Bella they list
on their calendar that the exterminator put bait into the walls of the
apartments on Fridays. The Millers have been home on a Friday and has never
seen the Extermination through the outlets on the outside walls directly next
to their apartment or heard them service these outlets.
25. According to the lease trash pickup (valet service) flat fee
was $20.00 when the Millers were billed for January 1, 2016 $32.00 for December
1, 2015 to December 31, 2015. It is clear Bella Apartments have breached their
lease with this bill. (Exhibit B Utility and service line D Addendum, Exhibit C
Bill from Bella)
26. According to Florida
Statue 39 672.106 Definitions: “contract”; “agreement”; “contract for sale”;
“sale”; “present sale”; “conforming” to contract; “termination”;
“cancellation.” In this chapter unless the context otherwise requires
“contract” and “agreement” are limited to those relating to the present or
future sale of goods. “Contract for sale” includes both a present sale of goods
and a contract to sell goods at a future time. A “sale” consists in the passing
of title from the seller to the buyer for a price (s. 672.401). A “present sale” means a
sale which is accomplished by the making of the contract. The lease is a contract and
if it says flat rate this rate cannot be increased unless the contract is
mutually consented and agreed on in writing. The lease is there for the Millers
protection as well as Bella Apartments. Any amounts charged to the Millers must
be returned with late fees. The sale of goods which was the service of the
Valet Trash removal was breached by raising the price before the contract or
lease had expired,
27. (2) Goods or conduct including any part of a performance are
“conforming” or conform to the contract when they are in accordance with the
obligations under the contract. Bella Apartments not in good
faith raised this fee of $20 slowly knowingly they were breaching the contract
between the Millers and themselves Thinking no one would even notice or look at
the Utility and Service Addendum line D.
28. (3) “Termination” occurs when either party pursuant to a power
created by agreement or law puts an end to the contract otherwise than for its
breach. On termination, all obligations which are still executory on both sides
are discharged but any right based on prior breach or performance survives.
4) “Cancellation” occurs when either party puts an end to
the contract for breach by the other and its effect is the same as that of
“termination” except that the canceling party also retains any remedy for
breach of the whole contract or any unperformed balance. Bella Apartments sent a bill
knowingly that they charge a flat fee for Valet Trash (trash pickup) thinking
that no tenant would even notice the flat fee clause in the Utility and Service
addendum line D and filing this with unclean hands knowing they overcharged and
breached their contract.
29. On the Utility and Service Addendum the names of the owner
again state Bella Apartments not Bella Property Owners LLC,.
30. Since Bella Apartments breached their contract of the lease
and violated the lease as well as being in non-compliance the Millers feels
they owe Bella Apartments and are moving January 31,2016 and that this eviction
is frivolous and should be dismissed and award the Millers $3640.
31. Since the Landlords have violated the lease and breached the
lease, the Millers are asking for damages of $3640
NON-COMPLIANCE
32. The
Landlords have been in non-compliance and their attorney James J Barron 3rd
was notified as well as the Landlord and ignored the Millers plea to have these
items repaired. Landlords refused to take care of an infestation of ants in the
apartment, roaches in the apartment, fleas on the lawn, fleas in the apartment,
screens falling out of the windows, screens on the sliding doors that do not
slide and fall off, fans with without speed adjustments (strings are broken
off) different colors of paint in the laundry rooms and walls in the living
room rusted returns and mildew/mold in the returns. Wolf spiders in the
apartment coming from the air-conditioners returns.
33. The
Landlords were given 2 months to remedy the non-compliance and were warned that
according to Florida Law 83.201 Notice to
landlord of failure to maintain or repair, rendering premises wholly
untenantable; right to withhold rent: When the lease is silent on the procedure to be followed to
effect repair or maintenance and the payment of rent relating thereto, yet
affirmatively and expressly places the obligation for same upon the landlord,
and the landlord has failed or refused to do so, rendering the leased premises
wholly untenantable, the tenant may withhold rent after notice to the landlord.
The tenant shall serve the landlord, in the manner prescribed by s. 83.20(3),
with a written notice declaring the premises to be wholly untenantable, giving
the landlord at least 20 days to make the specifically described repair or
maintenance, and stating that the tenant will withhold the rent for the next
rental period and thereafter until the repair or maintenance has been
performed. The lease may provide for a longer period of time for repair or
maintenance. Once the landlord has completed the repair or maintenance, the
tenant shall pay the landlord the amounts of rent withheld. If the landlord does
not complete the repair or maintenance in the allotted time, the parties may
extend the time by written agreement or the tenant may abandon the premises,
retain the amounts of rent withheld, terminate the lease, and avoid any
liability for future rent or charges under the lease. This section is
cumulative to other existing remedies, and this section does not prevent any
tenant from exercising his or her other remedies.
34. The
Landlord did not comply with 83.20. They did not mail, hand deliver which they
claimed they did. However the Millers mailed, hand delivered, emailed the
Landlord of their non-compliance over 3 times. The notice that the Landlord
gave was 5 days not 15 days. However, the Millers gave the Landlord notice of
60 days to render a cure for the breach of the lease through the noncompliance.
The existing conditions remained until the Millers decided to move and needed
to exterminate the apartment so that the fleas and the fire ants as well as the
roaches would not follow them to the new apartment.
83.20 (3) Where such person holds over without permission
after failing to cure a material breach of the lease or oral agreement, other
than nonpayment of rent, and when 15 days’ written notice requiring the cure of
such breach or the possession of the premises has been served on the tenant.
This subsection applies only when the lease is silent on the matter or when the
tenancy is an oral one at will. The notice may give a longer time period for
cure of the breach or surrender of the premises. In the absence of a lease
provision prescribing the method for serving notices, service must be by mail,
hand delivery, or, if the tenant is absent from the rental premises or the
address designated by the lease, by posting.
35. The
Millers begged the landlord to take care of the ants, fleas and roaches as well
as the rat. The Tenants refused by ignoring the Millers. (Exhibit D Letters to
Landlords and to their attorney Mr. Barron)
36. The
Millers had the right to with-hold rent for noncompliance and move or to reduce
the rent because of the non-compliance. It also states in the law that the
landlord cannot retaliate due to the non-compliance (Exhibit D).
37. The
landlords were told by the Millers that they were moving at the end of January
2016 and that their keys will be given to landlords at the time of move. (Exhibit
E). This move is Monday January 31, 2016.
38. The Millers are asking the court for an
extension until January 31, 2016 so they could move out.
39. The Millers are asking the court to remove the
attorney costs due to the fact the Millers are moving and notice was given to
the Landlords they were in non-compliance and to grant the Millers the counter
claims due to the refusal to remedy of the noncompliance. The Landlords were
informed that the Millers were moving at the end of January 2015 yet they
insisted viciously and vindictively to file this frivolous
suit to smear and discredit the Millers name. If the Landlord would have
complied and fixed the problems the Millers would have stayed, overlooked the
breach of contract and we would not be in court. But the Landlord decided not
to comply and continued to breach the contract with charges for Valet Trash
removal which should be $20 not $32 for December, $25 for September 2015, $30
in October and November 2015 raising it slowly so it would not be noticed.
40. In
June,2015 the complaints of the ants and dog poop were sent to the corporation
and the Bella Management (landlords) and an Email was sent that if the Millers
were so unhappy we were to move and we were let out of the lease. (Exhibit F).
The Landlords when told over and over state this is the first time they ever
heard of this problem but on the Apartment review this was a major complaint of
past and present tenants. (Exhibit G)
41. The
Landlords owe the Millers for the move $800 and for the extermination for the
ants, fleas and roaches $500 for the inside of the apartment and for the
outside lawn area $60 a month for 9 months total of $540 for bait. Plus,
renting a new apartment and security $1800 Total of $3640.
42. Landlords
are to return the $500 deposit given to them on April 22, 2015.
Wherefore the Tenants Loretta Miller and Marcus Miller are counter suing
the Landlord for a total of $3640. The Landlords Bella Apartments have
purposely and intentionally targeted the Millers to harass, invasion of
privacy, cruelty to their service dog Baby, damage the Millers property,
threats of towing a car, and endangering them with fire ants, fleas, roaches, rats
as well as not caring for the welfare and health of the Millers. The Millers
plea to this honorable court to ask the court to allow the Millers to move on
January 31, 2016 and order the Bella Property Owners LLC to return the deposit
of $500 plus pay for the monies lost due to non-compliance which amounts to
$3640.
-------------------------------------------------------------------------------------------------------------
Tuesday, January 5, 2016
To Management of Bella
I
have sent you and your Attorney numerous letters including the letter of Non
Compliance and notice of moving. You refused to fix the non-compliance and to
answer. I suggest then you file in
Tenant/Landlord court because I am refusing to pay you rent and taking the
option given to me through Florida Law Not to pay you rent and to move.
I
have warned you that this was going to happen and you refused to answer. I have
gone as far as to call your attorney who’s forms you use which I have even
downloaded and have samples of for court. I have also called your attorney left
voice mail and he never returned my call which to me indicates he does not
represent you and all you do is use his forms to scare people. I had an attorney
call him also and he refused to return a call which also indicated to me he does
not represent you.
It takes over 6 months according to Florida Law to evict someone. Your
scar tactic does not work on me.
A
tenant who can't fix the problem or doesn't want to pay the rent may pack up and
leave before the notice period expires. If she doesn't, the landlord still can't
force her out. Instead, he has to file an eviction lawsuit, sometimes referred
to as unlawful
detainer.
Once the case goes to court, it's
difficult to set a specific timeline because it's no longer up to the landlord
alone. If the tenant decides it's pointless to fight it out, or just blows off
the court date, the process can be over quickly. If the tenant chooses to
contest the landlord's suit, things can drag out for much
longer.
If
there are any legal errors in the eviction notice or the notification process,
that's often the first line of defense. For example, if the tenant proves the
landlord didn't deliver the notice properly, the judge may order the landlord to
write a new notice. That's only a temporary victory, but it does add time to the
process.
If
the tenant can prove the landlord is in the wrong, the judge may block the
eviction completely. For example, it isn't legal to evict a tenant for filing a
complaint against the landlord for a code enforcement
violation.
We can prove you were in non
compliance and win a counterclaim. I suggest you allow us to move in peace at
the end of January and have the keys returned to you. If you proceed with an
eviction I will go to court and show the Judge all the letters I sent
you.
You should conduct yourself accordingly to the law and
not trespass into my apartment until I surrender it to you by way of returning
the keys.
Loretta Lax Miller
Marcus Miller
Sent Priority mail signature required.
PS. I think you need to send Karen Lee back to real estate
management school to learn the Florida Laws and communicate with her the letters
sent to management.
-----------------------------------------------------------------------------------------------------------------
From: leahlax1234@aol.com
To: SClark@Milestone-mgt.com
CC:
BellaCD@milestone-mgt.com
Sent: 12/31/2015 4:42:08 P.M. Eastern Standard
Time
Subj: Re: 8405 Meer Way 101-Bella Apartments
To Management of Bella Apartments and Mile Stone
Management
You have been sent not one but numerous complaints of fire
ants not only outside but inside the apartment of 8405 Meer Way #101.
I have scars and bits from these ants which you refused to
take care of.
According to Florida Law you created a health hazard and I
have the right for you none compliance to move and to withhold rent. For the
past 8 months I begged, pleaded with your demanded sent you a non-compliance
notice and it has fallen to deaf ears.
The water meter is outside on the main water values are
leaking and rusted and you claim you have contacted the city about this major
drip. You have divided the water bill between 32 apartments or more some with
close to 10 people living in a space for only 4 people. And between the waste
of the water and the extra tenant I am paying for only 2 in my apartment for
others. I was told I had my own meter when I moved in and I have not even seen
or been told where my meter was when I requested to read it to check on my
personal usage.
The grounds are fifthly, there are gangs in the community of
teenagers fighting at night. There is a drug dealer living in one of the
apartments and has customers visiting at all hours of the night. When the gate
was broken for 3 months and left open there were strange more traffic in here
and people casing the apartments! You made it extremely unsafe and I paid for a
gated rental community.
I had your rental agents open my door and place notices in my
door for no trash pickups. I have seen these same rental agents walk into
apartments unannounced and then place the notice on the door, I was told by your
office you don’t do such actions.
The trash pickup I am paying for missed picking up and added
up to 3 weeks of non-service.
You were sent a Notice of Non Compliance and you have
completely ignored it and I have given you over 1 months to correct the non -
compliance and you refused to take action on it. We will not be paying the rent
for January 2016. Just to remind if you decide to try to evict us before we move
we would love the chance to go before the judge to show and demonstrate all the
letters we have sent you and you have not answered or corrected.
We have tried contacting your “Attorney” and it seems he has
not acted as your attorney but only allows you to use his name and his forms on
line. Your attorney has not advised you properly and has not defended you in
your best interest. However I do look forward in going to court and countersuing
you for rent, cost of moving, private extermination for ants and coacher roaches
plus there is a rat between the walls and late fees I shouldn’t have had to pay
because of your non-compliance.
Your keys and clickers will be placed in the lock box the day
we move fully out of the apartment.
Loretta
Lax Miller 12/31/2015 Marcus F
Miller 12/31
attached a few of the pictures of the bits on Loretta
Millers legs
-----Original Message-----
From: Clark, Shellie
<SClark@Milestone-mgt.com>
To: LeahLax1234
<LeahLax1234@aol.com>
Cc: P_Bella Apartment Homes-CD
<BellaCD@milestone-mgt.com>
Sent: Tue, Jun 30, 2015 1:02 pm
Subject:
8405 Meer Way 101-Bella Apartments
Dear Mrs. Miller,
I am in receipt of your email
dated , June 25th, 2015, outlining multiple concerns
with the apartment you occupy at Bella Apartments. I have gone through the
service history, notes from calls to the office and spoken with the Community
Director. It is evident that you are not happy in our community which saddens
me. While we at Milestone pride ourselves on delivering exceptional customer
service, we do realize that at times we may fall short. It is this type of
feedback that allows us to work towards continually improving our services and
communities for our valued residents. For that, I thank you.
It is probably fair to say that
most of us have dealt with “crawly creatures” at one time or another. So, I am
sure we can all relate to the nuisance the little creatures can create. I
understand from your written statement, that you decided to treat some of the
fire ants you found on the grounds, prior to us addressing it and the dog feces.
While not necessary, I appreciate that you care about the community you have
chosen to call your home. Insects are everywhere and while we would love to say
we never have them, that is not a realistic expectation as they are part of the
natural habitat that we reside in. Simply put, we will treat future requests “as
submitted” just as we intended to do with your previous request.
Regarding the dog feces you
mentioned on the grounds of the community, being a pet friendly community
invites such unpleasantness. The team works very hard to stay on top of the
clean up, but we do realize that we may miss some deposits from time to time. We
will continue to improve in this endeavor.
As for the remaining concerns you
outlined; someone coming into your apartment while you slept, feeling your
privacy has been invaded, things missing in your apartment, private papers being
read. I certainly would not want to belittle your feelings or beliefs in this
matter, but must assure you that nobody from our team as entered your home
without your request for service. If you truly believe something questionable
has occurred in your home while you slept or were not home and have proof of
said violation, I would encourage you to contact the local police department
regarding the matter.
We are very proud of Bella
Apartments as it is a beautiful community, I suspect you agree since you decided
to make it your home. Regrettably, we do realize that we cannot always meet
every individual’s expectations. In reviewing your file, communication logs and
service history it is evident that you have not been happy in our community.
While our team at Bella as made many attempts to win you over, it is clear that
you remain dissatisfied. For this reason, and to further demonstrate our
commitment to excellence, we will agree to allow you to terminate your lease
without penalty and find housing elsewhere. I hope you agree that this gesture
displays our dedication to your future happiness. Please contact the
Management Office to discuss your departure from Bella Apartments.
Thank you for reaching out to me
and allowing us an opportunity to address your concerns.
Warmest Regards,
Shellie Clark,
CAPS
Milestone
Management, L.P.
Regional
Manager
( (678) 855-6686 | 7
(214)
561-1153
________________________________________________________
From: LeahLax1234@aol.com
To: info@jamesbarronlaw.com
Sent: 11/5/2015
7:16:34 P.M. Eastern Standard Time
Subj: Fwd: Bella Non Compliance
From: LeahLax1234@aol.com
To: LeahLax1234@aol.com, Bella@milestonerents.com,
info@milestone-mgt.com
Sent: 11/4/2015 8:04:05 P.M. Eastern Standard
Time
Subj: Bella Non Compliance
Management
of Bella Apartments
You
are hereby notified that Bella/Milestone
Management violated Florida Laws and health codes by not providing a clean and
safe environment. Fire ants throughout the community and trash as well as dog
feces. Silver fish inside the apartment. You demanded that trash cans of a
3rd party property be kept in the apartment until times you stated
for them to be place outside which are
unreasonable times that in could storing the trash over the weekends. We are not
going to cause bugs as well as roaches to enter my premise lay eggs in my
furniture and make it an unhealthy situation breathing in the garage as well as
carrying out a can. The screens have not been in working order nor has the fans
inside the apartments. The cabinet’s doors in the kitchen are falling apart as
complained at move in and was promised to be fixed. You have not arranged a
convent time to have them repair to my time and schedule. The returns are rusted as complained at the
time of signing the lease. You have walked into the apartment of 8504 Meer Way
#101 numerous times without notice once when Loretta Miller was in the shower,
once when you refused to make agreements for a fire alarm check and locked her
dog in the bathroom without water. During the month of July there was blood on
the door from the dog and the dog was bleeding from the noses and tools were
left there by your handymen people. Your
handypersons were seen placing a notice on our car which has a sticker for June
2017 on the license plate stating it was outdated and parked in a non-parking
space without notice. Front door always has dirt in front and is never swept or
kept clean. You have damaged private property by cutting cables to the Direct
TV. Your demand of rent on a Sunday when it is stated in Florida Law that
Saturdays and Sundays are excluded and not counted as business day since it is a
holiday in the courts. Demand
is hereby made that you remedy the noncompliance within 7 days of receipt of this notice
or
1. Premises is untenable & we vacate at our leisure which we will
not liable for rent.
2. Premises tenable & we do not vacate: the rent shall be reduced
in proportion to the loss of rental value caused by the
non-compliance.
On November 13, 2015, I and Marcus Miller will be filing in court
to bring charges against this Management Company and Milestone and asking the
judge for a ruling and any tenant who wishes to join in for the health code
violation will be welcomed since anything filed is public
record.
According
to:
Florida
Statute 83.51
83.51
Landlord’s obligation to maintain premises.—
(1)
The landlord at all times during the tenancy shall:
(a)
Comply with the requirements of applicable building, housing, and health codes;
or
(b)
Where there are no applicable building, housing, or health codes, maintain the
roofs, windows, screens, doors,
floors, steps, porches, exterior walls, foundations, and all other structural
components in good repair and capable of resisting normal forces and loads and
the plumbing in reasonable working condition.
Our
screens have not been in in working condition since we moved in nor has
Milestone made any efforts in taking care of health code violations. We cannot
open the window from the stink of fecal matter in front lawn by the parking
area, and because of the fire ant problem a few have made their way into the
apartment as well as wolf spiders which I had to kill 2 of them. You do not
exterminate for any pests that the Health Code has
underlined
The
landlord’s obligations under this subsection may be altered or modified in
writing with respect to a single-family home or duplex.
(2)(a)
Unless otherwise agreed in writing, in addition to the requirements of
subsection (1), the landlord of a dwelling unit other than a single-family home
or duplex shall, at all times during the tenancy, make reasonable provisions
for:
1.
The extermination of rats, mice, roaches, ants, wood-destroying organisms,
and bedbugs. When vacation of the premises is required for such extermination,
the landlord shall not be liable for damages but shall abate the rent. The
tenant shall be required to temporarily vacate the premises for a period of time
not to exceed 4 days, on 7 days’ written notice, if necessary, for extermination
pursuant to this subparagraph.
2.
Locks and keys.
3.
The clean and safe condition of
common areas. The front of
the door to my apartment is dirty and has always been dirty unless I clean it
and it is the landlord’s responsibility to maintain
this
4.
Garbage removal and outside receptacles therefor.
5.
Functioning facilities for heat during winter, running water, and hot
water.
(b)
Unless otherwise agreed in writing, at the commencement of the tenancy of a
single-family home or duplex, the landlord shall install working smoke detection
devices. As used in this paragraph, the term “smoke detection device” means an
electrical or battery-operated device which detects visible or invisible
particles of combustion and which is listed by Underwriters Laboratories, Inc.,
Factory Mutual Laboratories, Inc., or any other nationally recognized testing
laboratory using nationally accepted testing standards.
(c)
Nothing in this part authorizes the tenant to raise a noncompliance by the
landlord with this subsection as a defense to an action for possession under
s. 83.59.
(e)
Nothing contained in this subsection prohibits the landlord from providing in
the rental agreement that the tenant is obligated to pay costs or charges for
garbage removal, water, fuel, or utilities.
(3)
If the duty imposed by subsection (1) is the same or greater than any duty
imposed by subsection (2), the landlord’s duty is determined by subsection
(1).
(4)
The landlord is not responsible to the tenant under this section for conditions
created or caused by the negligent or wrongful act or omission of the tenant, a
member of the tenant’s family, or other person on the premises with the tenant’s
consent.
Florida Statutes Section 83.56 provides that if the landlord fails
to comply with §83.51 within 7 days of being served with a notice of
non-compliance, THEN you may terminate the lease. If, however, the condition is
due to causes beyond the landlord’s control and the landlord has made reasonable
efforts to remedy them the following applies:
1. Premises is untenable & you vacate: then WE ARE not liable for
rent.
2. Premises tenable & WE do not vacate: the rent shall be reduced
in proportion to the loss of rental value caused by the
non-compliance.
You are in non-compliance. I am filing on Friday November 13, 2015
a law suit against Milestone and Bella for non-compliance and
harassment.
3. (b) If
the landlord’s failure to comply does not render the dwelling unit untenantable
and the tenant remains in occupancy, the rent for the period of noncompliance
shall be reduced by an amount in proportion to the loss of rental value caused
by the noncompliance.
4. (3) If
the tenant fails to pay rent when due and the default continues for 3 days, excluding Saturday, Sunday, and legal
holidays, after delivery of written demand by the landlord for payment of
the rent or possession of the premises, the landlord may terminate the rental
agreement. Legal holidays for the purpose of this section shall be
court-observed holidays only. The 3-day notice shall contain a statement in
substantially the following form:
Since the due date of the rent was on a Sunday, WE are given 3 days
excluding Sunday to pay the rent which the 3rd day excluding Sunday
falls on Tuesday November 4th, 2015. The rent was paid on November
the 4th before midnight and before the office closed. Therefore the rent was NOT
late and no secured funds are needed. Your own “notice” says we must observe the
holidays and weekends as an exclusions as per the law, so must Bella
Apartments/Milestone Management. By not giving the proper timing of observing
that November 1, 2015 falls on a Sunday, YOU are in violation of your own
demands. It is not in this notice either that secured funds must be used.
Therefore, Marcus and I are in the right of a four (4) day grace period, since
November 1, 2015 falls on a Sunday, and there is no need for Marcus and me to
place the rent or the extra charges in secured funds. Therefore our rent was
paid in a timely manner.
A letter was sent you through email and hand delivered. You have
refused to fix the problem instead you have harassed me and cause us to live in
this condition with fire ants and dog poop. Your workers do not pick up the poop
but allow it to lay there for weeks and months.
From:
LeahLax1234@aol.com
To: florida@milestone-mgt.com
Sent: 6/25/2015 8:39:37
P.M. Eastern Daylight Time
Subj: 8405 Meer way 101 kissimmee
Fl
I
told the manager at the Bella rental Community That there were problems
including fire ants and dog poo outside on the lawn at this community. I called
and told management several times about the fire ants and the poo. I ended
up buying fire ant bait poison and picking up about 100 dog droppings which is
not my job. I told the management but it fell onto death ears and what I got was
a thank you which did not mean anything. I called the corporation office and
suddenly I got a call we are now picking up the dump and we didn't see any fire
ants. Sure they didn't I exterminated the entire area. The other day after
waiting 5 weeks for someone to do something about the clogged bathroom I woke up
to a tub unclogged when it was clogged the night before. It seems like someone
came into the apartment while I was sleeping and unclogged the tub without
calling or giving me notice they were coming. This is not the first time I was
walked in on and I feel my privacy has been invaded. Today I came home and a
note was placed in my door which means someone opened my door, my dog was crying
and hurt bleeding from the nose extremely upset. I called the office after
taking care of my dog and the manager is too busy to talk to me since I was
complaining of invasion of my privacy which as I said was not the first time. I
had things missing with an hysterical dog in the past few weeks. When I called a
Michelle hung up on me when I mentioned my privacy was invaded. I do not
understand why they can not take scotch tape and tape a message on the door. I
want my locks changed or I am going to have to call the police from here on for
trespassing. My lease is supposed to protect me from your management from
walking into my home without my knowledge and my permission. I feel you have
broken the lease when your people walked in on me while I was sleeping and not
here. Now I spent over $60 bating for ants and picking up your dog poo. as well
as fixing a stove door that was off the track, sewing blinds were the strings
were broken, replacing fan pulls that were never there, then I am treated with
invasion of privacy property removed, trash not being picked up, private papers
being read, a dog who was injured and now told I didn't pay a water sewer bill
that I was never billed for or told how much it was. This is ridiculous when I
pay in rent for services and privacy I am not receiving.
Thank
you
Loretta
Miller
From: LeahLax1234@aol.com
To:
info@milestone-mgt.com
CC: northflorida@milestone-mgt.com
Sent: 6/25/2015
8:42:06 P.M. Eastern Daylight Time
Subj: Fwd: 8405 Meer way 101 kissimmee
Fl
From:
LeahLax1234@aol.com
To: florida@milestone-mgt.com
Sent: 6/25/2015 8:39:37
P.M. Eastern Daylight Time
Subj: 8405 Meer way 101 kissimmee
Fl
I
told the manager at the Bella rental Community That there were problems
including fire ants and dog poo outside on the lawn at this community. I called
and told management several times about the fire ants and the poo. I ended
up buying fire ant bait poison and picking up about 100 dog droppings which is
not my job. I told the management but it fell onto death ears and what I got was
a thank you which did not mean anything. I called the corporation office and
suddenly I got a call we are now picking up the dump and we didn't see any fire
ants. Sure they didn't I exterminated the entire area. The other day after
waiting 5 weeks for someone to do something about the clogged bathroom I woke up
to a tub unclogged when it was clogged the night before. It seems like someone
came into the apartment while I was sleeping and unclogged the tub without
calling or giving me notice they were coming. This is not the first time I was
walked in on and I feel my privacy has been invaded. Today I came home and a
note was placed in my door which means someone opened my door, my dog was crying
and hurt bleeding from the nose extremely upset. I called the office after
taking care of my dog and the manager is too busy to talk to me since I was
complaining of invasion of my privacy which as I said was not the first time. I
had things missing with an hysterical dog in the past few weeks. When I called a
Michelle hung up on me when I mentioned my privacy was invaded. I do not
understand why they can not take scotch tape and tape a message on the door. I
want my locks changed or I am going to have to call the police from here on for
trespassing. My lease is suppose to protect me from your management from walking
into my home without my knowledge and my permission. I feel you have broken the
lease when your people walked in on me while I was sleeping and not here. Now I
spent over $60 bating for ants and picking up your dog poo. as well as fixing a
stove door that was off the track, sewing blinds were the strings were broken ,
replacing fan pulls that were never there,then I am treated with invasion of
privacy property removed, trash not being picked up, private papers being read,
a dog who was injured and now told I didn't pay a water sewer bill that I was
never billed for or told how much it was. This is ridiculous when I pay in
rent for services and privacy I am not recieving.
Thank
you
Loretta
Miller
From:
SClark@Milestone-mgt.com
To: LeahLax1234@aol.com
CC:
BellaCD@milestone-mgt.com
Sent: 6/26/2015 5:54:14 P.M. Eastern Daylight
Time
Subj: 8405 Meer way 101 Kissimmee Fl
Mrs.
Miller,
I
am in receipt of an email you sent to our corporate office outlining some
concerns you have with our community, Bella Apartments. I would like to look
into this matter and I will follow up with you early next week. In the meantime,
I will communicate with the office about changing your locks.
Thank
you again for reaching out to me and giving me an opportunity to address your
concerns.
Regards,
Shellie
Clark, CAPS
Milestone
Management, L.P.
Regional
Manager
(
(678)
855-6686 | 7
(214)
561-1153
From:
SClark@Milestone-mgt.com
To: LeahLax1234@aol.com
CC:
BellaCD@milestone-mgt.com
Sent: 6/30/2015 1:02:25 P.M. Eastern Daylight
Time
Subj: 8405 Meer Way 101-Bella Apartments
Dear
Mrs. Miller,
I
am in receipt of your email dated , June 25th, 2015, outlining
multiple concerns with the apartment you occupy at Bella Apartments. I have gone
through the service history, notes from calls to the office and spoken with the
Community Director. It is evident that you are not happy in our community which
saddens me. While we at Milestone pride ourselves on delivering exceptional
customer service, we do realize that at times we may fall short. It is this type
of feedback that allows us to work towards continually improving our services
and communities for our valued residents. For that, I thank you.
It
is probably fair to say that most of us have dealt with “crawly creatures” at
one time or another. So, I am sure we can all relate to the nuisance the little
creatures can create. I understand from your written statement, that you decided
to treat some of the fire ants you found on the grounds, prior to us addressing
it and the dog feces. While not necessary, I appreciate that you care about the
community you have chosen to call your home. Insects are everywhere and while we
would love to say we never have them, that is not a realistic expectation as
they are part of the natural habitat that we reside in. Simply put, we will
treat future requests “as submitted” just as we intended to do with your
previous request.
Regarding
the dog feces you mentioned on the grounds of the community, being a pet
friendly community invites such unpleasantness. The team works very hard to stay
on top of the clean up, but we do realize that we may miss some deposits from
time to time. We will continue to improve in this endeavor.
As
for the remaining concerns you outlined; someone coming into your apartment
while you slept, feeling your privacy has been invaded, things missing in your
apartment, private papers being read. I certainly would not want to belittle
your feelings or beliefs in this matter, but must assure you that nobody from
our team as entered your home without your request for service. If you truly
believe something questionable has occurred in your home while you slept or were
not home and have proof of said violation, I would encourage you to contact the
local police department regarding the matter.
We
are very proud of Bella Apartments as it is a beautiful community, I suspect you
agree since you decided to make it your home. Regrettably, we do realize that we
cannot always meet every individual’s expectations. In reviewing your file,
communication logs and service history it is evident that you have not been
happy in our community. While our team at Bella as made many attempts to win you
over, it is clear that you remain dissatisfied. For this reason, and to further
demonstrate our commitment to excellence, we will agree to allow you to
terminate your lease without penalty and find housing elsewhere. I hope you
agree that this gesture displays our dedication to your future happiness.
Please contact the Management Office to discuss your departure from Bella
Apartments.
Thank
you for reaching out to me and allowing us an opportunity to address your
concerns.
Warmest
Regards,
Shellie
Clark, CAPS
Milestone
Management, L.P.
Regional
Manager
(
(678)
855-6686 | 7
(214)
561-1153
My
last letter to you states the same complaint and more
Friday, October 16, 2015
To Whom This May Concern
This is a formal notice to inform You Bella Apartments of Milestone
Corporation that we will pursue a lawsuit in Tenant Landlord Court if the
harassment, damage and invasion of the apartment does not stop
immediately.
In the pass 6 ½ months you have entered my apartment without our
permission at least once a week. We have found various items moved and tools
left in the apartment as well as my pet placed and locked in the
bathroom
In the past 6 ½ months you have cut the wire to the satellite dish
twice.
Today your maintenance personal was seen approaching our car
placing a sticker on it claiming my car was parked in a non-parking space with
expired tags.
According to the law, we have the right to Quiet Enjoyment. Quiet
enjoyment is a covenant that the landlord has the title and the right to deliver
possession of the premises to the Tenant and once delivered, the Tenant’s right
of possession will not be disturbed. This included on the lease a parking spot
which is also covered by Quiet Enjoyment. The duty to secure quiet enjoyment is
continuing covenant throughout the term of the lease and extends to parking of
the car.
1. Landlord covenants that as long as the tenant
faithfully performs the covenants that are the obligation under this lease, the
landlord will assure tenant’s quiet and peaceable possession of the premises for
the leases term.
2. Landlord warrants that he or she is the owner in fee
simple of the premises, subject only to those matters described in Florida Laws
Appendix B (Exceptions to Title).
3. Landlord will put into the possession of the premises
at the beginning of the terms but will not be liable to the tenant if the
possession is delayed, the rent will be abated for the period from the beginning
of the lease to the present tenant is removed. The term of the lease will not
change by reason of such delay.
Violations of the Covenant of Quiet
Enjoyment
1. Unlawful Ouster of the Tenant which includes making it
impossible to live in a rental by harassment and threats such as towing a car
whether or not the plates are expired.
2. Constructive eviction.
“A constructive eviction occurs when a Tenant is essentially
deprived of the beneficial enjoyment of the leased premises where thy rendered
unsuitable for occupancy for the purpose for which they leased” Barton v
Mitchell Co., 507 S.2d 148 (Fla 4th DCA 1987) citing Hankins v Smith,
138 So 494 Fla 1931
“A” constructive eviction” is an act which, although not amounting
to the actual eviction is done with the expressed or implied intention and has
effect of the essentially interfering with the Tenant’s beneficial enjoyment of
the leased premises” Bermuda Ave. Shopping Center associates L.P. V Rappaport,
565 So. 2nd 805 (Fla.5th DCA
1990).
You are to refrain from
approaching my car and threatening a tow. You are to refrain from cutting my
wires to my satellite whether it is by you or any hired company. You are to give
me notice that you need to enter my apartment and allow me to agree to the time
within reason. You are not permitted to touch my
pet.
However, you have not taken care of the fire ant situation and the
dog poop as well as the wasps and trash in the walk ways and the lawn. You have
not taken care of the screens that are falling from the slider doors or the
bedroom windows.
Thank you
Loretta Miller
Marcus Miller
You
have done everything to make my life here a living hell. Today was the last
straw. There is nowhere in the lease that states I have to keep my trash inside
my apartment and you cannot change the rules without us agreeing to it in
writing. The notice in the monthly news is in violation of our lease. Therefore
you are in violation of the lease.
We
demand remedy the noncompliance within 7 days of receipt of this
notice
Marcus
Miller
Loretta Miller
