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The rental contract did not specify the length of the
agreement. Residents intending to terminate occupancy were
required to give 120 days' notice and were obligated to pay the
rent for that period even if they vacated the premises prior to
the end of the 120-day period, unless a new tenant rented the
unit within that time. Residents transferring to the health-care
center were required to give only 60 days' notice. Petitioner
had the right to evict an apartment resident on demand for
failure to keep financial accounts current. If a resident was
disruptive, created an undue hazard to himself or others, or
failed to abide by the rules and regulations of Highland Farms,
petitioner had the right to terminate the rental agreement.
Should the resident's physical or mental condition become such
that continued occupancy of the apartment would pose a hazard to
the resident or others, petitioner, in consultation with its
medical staff and the resident's family, would attempt to find
suitable accommodation in the lodge, health-care center, or
elsewhere. The agreement would terminate in the event of
destruction of the building rendering the apartment
uninhabitable, except the agreement would not terminate if
petitioner opted to repair the building and provided the resident
with accommodations during the repair period.
According to the rental contract, the entry fee was deemed
to have been earned by petitioner:
Ten (10%) percent at the time the Tenant takes
occupancy of the Unit.
Ten (10%) percent during the first year of occupancy,
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Last modified: May 25, 2011