UMH Properties has entered into a REvolving Line Credit Facility with FirstBank that generates revenues of US$20 million and can be extended to US$30 million with accordion functionality. The financing contract is provided by rental housing and rental housing rentals in a number of REIT construction units and has a duration of three years. The complainants claim that the defendants breached the contracts by having «little at their disposal, which is safe and without frequent overflows; Increasing land rents during rental periods; collecting property taxes that are not due to residents; and by illegal interventions on established trailer owners trying to move them; and entering mobile homes without permission or justification. . (NO ECF 72, 498.) Pham J.A. found that the applicants had completed all the elements for a breach of the contractual application because the complainants allegedly had leases to rent their pods to the mobile court and that the defendants would have violated those leases by arbitrarily increasing the rent and forcing at least one complainant to pay rent if the property was uninhabitable , without delay or reduction. (see 71 71 150-51, 206, 230, 264, 313, 373, 403, 429, 455). The applicant parties object to this conclusion and argue that the applicants did not complete the second element of the test because they did not identify a particular provision of the contract that would have been breached. See Gant v. Suncom Wireless, M2002-02574-COA-R3CV, 2003 WL 21170488 (Tenn. Ct. App. May 20, 2003) (rejection of breach remedies if the applicant has not established a contractual obligation in accordance with the treaty).
The Court agrees. The complainants allege that the defendants mistreated them by arbitrarily increasing the rent and calculating the rent when the property was uninhabitable, and assert that these acts constitute a breach of contract, however, the complainants did not claim that the defendants agreed in the leases not to do so. This conduct may serve as a basis for other means, but cannot claim the infringement without establishing a contractual obligation that the defendants have breached. Therefore, the defendant`s application for release with respect to the violation of contractual rights is granted (Count VII). On 2 May 2011, the applicants brought this alleged group action by seeking a permanent termination action and compensation for discrimination in the housing construction sector on the basis of national origin. This remedy is covered by the Fair Housing Act of 1968 («FHA») as amended, 42 U.S.C. Code Ann. violation of the common law`s obligation to disclose a latent defect; violation of the general rule of law of habitability; Violation of the Tennessee Residential Landlord and Tenant Act («TURLTA»), Tenn. Code Ann. fraud in setting up the contract; Fraud in the adoption of an arbitration agreement; Lack of state; deliberate misrepresentations; and conversion.
The defendants have made the decision to interpret the proceedings and require the applicants to disclose their claims because of arbitration clauses in the RISCs signed by many of the applicants. The Tribunal sought conciliation from 19 applicants, but continued the case to 10 other applicants. The Tennessee Residential Tenant Act («TURLTA») uniform requires an owner to keep premises in a fit and habitable state and maintain all public spaces in a clean and safe condition.