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Property attorney says disabled veteran’s complaints were ‘without merit’ causing notice to vacate

MURRAY, Utah – Paul Lloyd, an honorably discharged disabled U.S. Army veteran, was left scratching his head after he received a notice to vacate his residence at Hunters Woods Apartments 10 months ago.

“I didn’t want to go to the media right away because I feared my 10-month notice would turn to a 3-day notice,” Lloyd said.

After joining the Army in 2006, Lloyd endured a violent and traumatic attack, he was sexually assaulted. Because of the attack, he was honorably discharged in 2008 and diagnosed with PTSD. He has been on permanent disability and receiving benefits ever since, Lloyd said.

“I’m unable to work due to my PTSD… also, hypervigilance is a symptom of my PTSD, which means I say something when I think something could be a safety issue,” he said.

However, Lloyd didn’t know his hypervigilance, and his dozens of complaints to Hunters Woods Management about safety concerns on the property over the last three years, would eventually lead him to be kicked out.

“I fell seven times last year, I have it documented with the ER at the VA,” Lloyd said, his safety concerns are not baseless, “What they call nuisance behavior, I call symptom of my permanent disability,” Lloyd said.

He feels like he’s wrongfully being forced to vacate, and now will have no place to go by May 31, he said.

Read more on this story here.

FACEBOOK MESSAGES BETWEEN ATTORNEY KIRK CULLIMORE AND KSL REPORTER NICOLE VOWELL:

Nicole Vowell: Hi, This is Nicole Vowell. I’m a reporter with KSL 5 TV. I’ve been trying to reach Mr. Cullimore for comment regarding Paul Lloyd, a resident at Hunter Woods Apts in Murray. Please have him call me ASAP. Cell: 801-910-5450 Nvowell@ksl.com Thank you

Kirk Cullimore: As we understand, the news story already ran which mischaracterized the situation as a “wrongful eviction.” Even your own reporting correctly stated that management decided to not renew the lease – which is not an eviction. That decision was made almost 10 months ago. Other options were provided to Mr. Lloyd to early terminate his lease without penalty because of his dissatisfaction with the community. He did not elect to seek any early termination options. That’s okay; management did not force his hand in terminating early nor did management attempt any eviction proceedings. Now, though, he has been on notice now for several months that his lease would not be renewed at the end of his lease term, but waited until the last couple weeks to apparently do anything about the end of the lease term. Management decided the business relationship was no longer mutually beneficial – as was also indicated by Mr. Lloyd. Just as tenants do not have to continue their tenancy with a landlord at the end of a lease term with proper notice, so too do lanldords have the same option. We do not see any reason why this tenancy cannot end on amicable terms like hundreds of other tenancies every month in this state where one party decides to not continue the business relationship at the end of the lease term. We do not see any reason why the decision to not renew the lease would preclude Mr. Lloyd from finding other suitable housing. Please do note that despite the headline there was no eviction notice delivered to Mr. Lloyd. No eviction was ever filed against Mr. Lloyd. He simply received more than ample notice that his lease term would not be renewed. No reason or justification is required for such under the law for the landlord or a tenant. Our client has done nothing contrary to federal or state law. Our client has done nothing to harm Mr. Lloyd. In fact, our client has attempted to address each and every one of Mr. Lloyd’s concerns. Our client is appreciative of Mr. Lloyd’s service and sympathetic to any resulting personal struggles. Our client has decided to take the high road on this matter, though, so as to not needlessly disparage one of their clients, a veteran, and someone who is struggling with disabilities. Accordingly, our client referred the matter to our office to avoid even the appearance of being argumentative with Mr. Lloyd. As a law office, that is what we do; we represent our clients and assist them in their lawful interests. In this instance, it means we help deflect some of the unjust criticism of a situation so that they do not have to attack a client/tenant to justify their position. That will do nothing to help the situation or Mr. Lloyd.

Nicole Vowell: I understand a Landlord can choose not to renew a lease without reason, however, I have a copy of an email in front from Mr. Cullimore stating a reason of “nuisance behavior” I was merely trying to understand why this reason was given. This is why I have made several attempts to reach out to your office. There are non-criminal and criminal definitions based on Utah law (as you know) when it comes to lease terminations. I was trying to get an explanation from you as to which “nuisance” category Mr, Lloyd fell under to earn him the decision to not renew his lease. It’s my understanding he has only had one written violation from Hunter Woods Management for not picking up dog poop 3 years ago.

If you are able to further explain, that would be helpful for my reporting.

Also, congrats on your run for State Senate.

Kirk Cullimore: There are no criminal nuisance allegations involving Mr. Lloyd. The point of not getting detailed about the “nuisance behavior” is to avoid a tit for tat argument. There have been several instances of Mr. Lloyd posing problems to management, maintenance and staff. He has made several complaints about the premises that turned out to be without merit; he threated lawsuits, complaints and other legal action when management was doing their best to accommodate him; he has made false accusations about maintenance and staff; etc. Management has not wanted to aggressively challenge Mr. Lloyd or call him out, but he is or should be aware of the basis of their decision. Again, management is sympathetic to his situation and thought 10 months’ notice would be more than sufficient for him to better his situation and find other housing. The basis for management’s decision would not be helpful to the situation. Public discussion about the merits of management’s basis for its decision would likely only hurt Mr. Lloyd in his efforts to secure future housing. Management has truly tried to take the high road in this situation, and has been denigrated because of it. In regards to the state senate candidacy, thank you.

Nicole Vowell: That is why an on-record on-camera interview with you may clear some of this up. My sole purpose is to get to the truth of the matter.

If you are willing to do that we can be there as soon as possible.

EMAIL EXCHANGES BETWEEN PAUL LLOYD AND ATTORNEY KIRK CULLIMORE:

From: Paul Lloyd
Date: Fri, 27 Oct. 2017, 4:42 pm
Subject: Fwd: Re: Hunter’s Woods Apartments

Please forward this to Mr Cullimore as soon as possible

I have filed an Ada and hud complaint.

What AMC and Hunters woods are calling Nuisance behaviors, all of which I have never in 3 years been notified with no warning or posted notification that I’m causing any problems.

I call Symptoms of my permanent and total disability PTSD that are exacerbated by the issues I have reported that have gone unresolved since I have moved in, I have reported problems to the office for others because of fear that this response would be given

I have been contacted by a local news station who’s willing to do an on camera interview as this is classified by the department of Hud As discrimination against someone with a disability.

Please let me know what information you need to show proof of a disability and the proof of unresolved problems. All of which the management company never asked for evidence of. I will gladly provide said proof.

Regards:

Paul Lloyd

Murray, Utah 84123

From: “Paul Lloyd”
Date: Oct 20, 2017 7:14 PM
Subject: Re: Hunter’s Woods Apartments
To: “Kirk Cullimore”

Mr Cullimore,

I fail to see how I’m a nuisance by asking them to do their job. I’ve never told them how to do their job I’m not qualified to do that.

I have however brought serious concerns to them and have been brushed off or ignored. Those serious concerns being the constant drug traffickers and dealers who use them in front minor children and some serious ADA compliance issues. How can you even begin to say that they were investigated, when I just reported them yesterday? So, you are committing perjury by saying this.

Not once in the 3 years I have lived here have I ever had a notice to comply or vacate or a note or notice I’ve done something wrong. They are simply using the word nuisance as a reason not to renew my lease. Instead of comply with safety standards that are set up by the state. I’m a disabled vet on a fixed income and I will definitely step up to the media as well as file an ADA complaint with the federal government. I haven’t done anything wrong , it’s you and the apartment manager that have issues with being told something is wrong in the complex.

On Oct 20, 2017 1:19 PM, “Kirk Cullimore” wrote:

Mr. Lloyd,

I have been asked by Hunters Woods and the management company to respond to you regarding your issues at Hunters Woods.

It is apparent that you are unhappy there. You were served an End of Term notice to let you know that when your lease is up for renewal, it will not be renewed. While we appreciate that you feel that you are “assisting” the management company by reporting what you feel are problems, the reality is that you are becoming a nuisance. Most of your allegations are without any substance or evidence. Management has investigated your “claims” and found them to be without merit.

If you have maintenance issues, please forward them in writing to management and they will be handled as with all other residents.

At this point, Hunters Woods would be willing to allow you to vacate your unit early without penalty provided we execute an agreement stating the dates, terms, and conditions. This is not an open ended offer, nor is it an offer without conditions. If you determine to vacate, it would have to be within the next 30 days. You would have to inform us of your intent quickly.

If you determine to stay and fulfill the entire lease term, I would remind you that you must vacate at the lease term end. Additionally, since you have become a nuisance to the management staff, you will be restricted from entering the management/leasing offices during normal business hours. You may enter only to deliver payments and normal maintenance requests. Even then it would be preferred that you have someone else deliver those for you. The management company also requests that you ceases telephonic communication. You may email me or them if you have other concerns.

Often we find that some residents feel the need to become part of the management or to tell the management how they should operate the community. Hunters Woods is managed by a professional company that is one of the largest property management companies in the United States. They are well trained in operations of a large community. It is always helpful when residents point out legitimate problems that may not be readily apparent to the existing management but it is not helpful to make accusations that are unsubstantiated or without merit regarding the staff.

If you have maintenance issues in YOUR unit, let us know. If you see a maintenance issue in the common areas, please report it. But do not report for other residents. Do not assume that you have some knowledge of why management operates as it does.

You have been given an opportunity to vacate. It is apparent that you are unhappy at Hunters Woods. It should be obvious to you at this point, that they are not happy having you there.

Please abide by the terms of this communication.

Kirk A. Cullimore

 

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