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32 | INVESTIGATION REVEALED THE FOLLOWING:
The facility was licensed on 6/3/2020 to serve the elderly, age range 60 and over, six (6) bedridden, hospice waiver for six (6) residents.
Allegation: Licensee is 5 months delinquent on rent.
It is alleged the Licensee is 5 months delinquent on rent. Based on record review, the “Lease Agreement” revealed the lease commenced on 3/12/2020 and continuing thereafter until 3/31/2027. The lease agreement states on Section 4, the monthly rent is $6000.00 payable on the first of each month commencing on 4/1/2020. Section 14 states ”Landlord may, terminate this Agreement and declare a forfeiture of the lease in accordance with California law upon the happening of any of the following events of default: a) rent is not paid within ten (10) days after the due date; or (b) Tenant fails to cure any default in the performance of any covenant of this Agreement within thirty (30) days after written notice thereof; or (c) if the premises become and remain vacant or deserted for a period of thirty (30) days. LPA observed a normal operation of the facility with five (5) residents and three staff on duty. The licensee (tenant) provided LPA with copies of canceled checks for the rental payments proving the licensee (tenant) is not delinquent on the rent.
Allegation: Licensee's lease is expired.
It is alleged the Licensee’s lease is expired. Record review revealed the “Lease Agreement” commenced on 3/12/2020 and continuing thereafter until 3/31/2027. It is written on the lease agreement that the Landlord’s lawyer was present during the signing of the lease agreement. Based on LPA’s review of the lease agreement, the lease is not expired.
Although the allegations may have happened or is valid, there is not a preponderance of evidence to prove the alleged violations, “Licensee is 5 months delinquent on rent”, and Licensee's lease is expired” did or did not occur, therefore the allegations are Unsubstantiated.
No deficiencies cited, exit Interview conducted, and report given to Licensee/Administrator Dadhaboy Muqeet.
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