Breach of Contract & Unlawful Termination

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Posts: 33
Joined: Fri Apr 11, 2014 7:59 pm

Breach of Contract & Unlawful Termination

Post by LawOfLiberty »

Greetings all,

It has been some time since I've visited... just a lot of things going on. :-)

I'm looking for some help in a situation with violation of my liberties from my Apartment Complex. Let me lay out the bullet point version:

1. A year ago (March 2020) had a bathroom flood in our apartment
2. Flood damaged the hallway padding & carpet
3. Padding and carpet were removed by apt. maintenance
4. Has not been replaced in over a year (which is a breach of contract)
5. Nov. 2020, received a form (for the carpet vendor the apt is using) that "required" me to answer personal
health questions, agree to wear a mask and social distance in order to have padding & carpet installed
6. I refused to comply, but wasn't able to respond due to a death in the family, funeral arrangements /
attendance and then my wife and I got sick, took three weeks to fully recover
7. In March, I reached out to management, as my lease was coming up for renewal, to find out what the ETA was
on repairing the padding / carpet as I was hoping they could get it installed before renewal (May 1)
8. After a few emails, some phone conversations with the property manager, corporate and the regional manager,
I was told that if I didn't comply with their "COVID protocols/policies" that they would issue me a "30-Day
Notice to Quite" or Eviction Notice.
9. Received the Notice two days later along with them switching me to a month-to-month lease at a 130%
increase above yearly rate, which is to be paid by June 6, 2021

My thinking is, because they decided to change the terms of the contract (which places them in breach of it) and discriminated against me by mandating I follow their medical advice, e.g. "COVID protocols" in order to maintain / repair their unit, I am planning on issuing them a "Notice of Breach of Contract and Discrimination for Religious Belief."

Am I on the right path in starting with a Notice?

Also, is there a sample notice that I could use to put this together and any other wording that would be useful to include in the Notice?

I've been researching what liberty violations were committed and noting them to include as well.

Appreciate your feedback, input, and any help you can give.

Thank you greatly and may Yah bless you.

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Joined: Mon Jul 22, 2013 1:16 pm

Re: Breach of Contract & Unlawful Termination

Post by notmartha »

Welcome back, Patrick.

What is your end goal? To get a new carpet and remain at the apartment? To convince management to go back to yearly lease? To sue civilly or bring discrimination charges against them?

All of the Covid BS left businesses scrambling to figure out how to stay open, keep everyone "safe", and not get fined by the STATE. So I understand the carpet company trying to fulfill their contractual obligations as a corporation/creation of STATE. Were the "COVID protocols/policies" the apartment owner's, carpet vendor's, or the STATE's?

Based on your timeline, it looks like you waited a year, from March to March, to contact apt. after carpet was first removed. If you did not communicate with them during that period, they could not install the carpet, right? I'm not sure where the breach is - they couldn't act without your consent and you did not consent or communicate your rebutted terms (i.e. I will stay a safe distance from carpet installers but will not wear a mask due to religious reasons) during that one year period. You said your lease was up in May, so you renewed your lease in May, 2020, with the carpets not replaced. Assuming that it was a yearly lease, you then paid another 10 months of rent without giving them notice that the carpet wasn't yet replaced and they were in breach of contract. When your lease was up in May, 2021, the contract was over and they could change it however they saw fit, and you had the choice of accepting or rejecting their changed terms.

Maybe there is more to it than your summarized timeline. Hopefully there is a paper trail along the way putting them on notice of your religious beliefs (or medical condition) exempting you from mask wearing. Unless they knew from the beginning that your religious beliefs precluded you from following their "mandates", it will be hard if not impossible to make a "discrimination" claim.
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