While Hutchison assumes responsibility for some of the audit report results and attempts to explain the reasons for these defects, the main basis of its prefabricated termination argument is that it has been treated more harshly than other CDs that have received negative internal audit reports. Hutchison refers in particular to the audit of the Dover Country Club, in which CD Tracey Lund was also described as “significant problems,” including “cash vouchers, return registration procedures, management of prepaid receipts and account balances, ceuund leasing documentation and specific provisions, fair housing problems, including compliance with credit/crime screening procedures and extract practices.” (Def. es Reply Mem. at Ex. Part 3, 1st) This internal review was conducted on May 5, 2006 and was followed by a negative review that Lund and Dover Country Club received in March 2003. (Opp Pl. es. Mm. at 9.) Lund was not formally disciplined after one of the two examinations, but received an “enrolment” according to the 2006 report.
(ID. at 9-10.) Lund was involved in a car accident and was transferred on holiday from FMLA on May 8, 2006. (Id. at 10.) Lund was finally fired in November 2006 when she was not returning to work. (Id.) As almost all tenants know, a tenancy agreement is a legally binding contract between a landlord and a tenant. The agreement outlines the main terms of the lease, including the lease date and an early termination clause. If you sign a lease, you most likely have good intentions and plan to occupy the property until the end of the lease term. However, life happens and there are times when you have to break a lease.
Maybe you have a new job, you have to go home to take care of a family member, or you will join the army. Maybe the rent doesn`t match your expectations. There are many reasons why you are in a situation where you need to move earlier than expected and break your lease. Since your lease is a legally binding written contract, it is not easy to break it and you can expect unintended consequences. We have prepared a step-by-step guide to help them reduce potential losses: while we have compiled a list of common ways to break a lease without penalty, each case is different and the details are important. Finally, we always advise you to read your rental agreement carefully and check your local landlord-tenant laws. Before we consider the terms of thought for terminating a lease, we must warn you that a breach can have consequences if you have no legal justification. Some of the possible effects are: Red Flag: The UDR is a perfect example of why they changed California law as they did. They deliberately misrepresent the law and repeat it as a fact, not as an opportunity for mutual agreement when it is said: (Def. es Reply Mem. at Ex.
Part 1, 1st) According to Ward, the injuries were “serious.” (Ward Dep. at 46) Among the main results of the audit was evidence that Hutchison: (1) had not conducted criminal and credit checks on potential tenants, or rejected the applications of the refused tenants; (2) had committed a poor reconstruction of the occupancy figures; (3) inconsistently booking late charges and failing to take legal action against delinquent tenants in possible violation of the Fair Housing Act; (4) had authorized the Deputy Director of the Community to sign applications for rentals that were subject to corporate policy; (5) did not properly keep copies of cheques and payment instructions and made late or deposit payments; (6) was unable to account for the missing funds, which raised suspicions of theft at Cross Court. (See Def. Mem`s Reply. at Ex. Part 1; Def. The mem. 4-8.) Ward pointed out that the Cross Court audit was one of the 25% of the worst audits carried out on a UDR property and one of the worst audits of all time when cases of fraud were omitted.