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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)

Citation
Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Parent Document
Wetzel v. Glen St. Andrew Living Cmty., LLC, 901 F.3d 856 (2018)
Effective Date
2018-08-27

Other Sections in This Document (38)

Full Text

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After her partner of 30 years died, Wetzel moved into St. Andrew, a residential community for older adults; she continues to live there today. Her tenancy, presumably like that of St. Andrew's other residents, is governed by a form Tenant's Agreement ("Agreement"). Beyond a private apartment, the Agreement guarantees three meals daily served in a central location, access to a community room, and use of laundry facilities. It conditions tenancy at St. Andrew on refraining from "activity that [St. Andrew] determines unreasonably interferes with the peaceful use and enjoyment of the community by other tenants" or that is "a direct threat to the health and safety of other individuals." It also requires compliance with the "Tenant *860Handbook," which may "be amended from time to time." The Agreement authorizes St. Andrew to institute eviction proceedings against a tenant in breach, and if St. Andrew prevails, the breaching tenant must also reimburse St. Andrew for its attorney's fees. (Indeed, the Agreement requires reimbursement of St. Andrew's fees related to an alleged violation or breach even if suit has not been instituted.)