Wednesday, July 9, 2014

BEFORE you rent, KNOW your rights under state and federal law!!!

For those of you who follow my posts, I just wrote in the past two days about the HORRIBLE treatment I have received from my past landlord.  So, I wanted to publish the email I got from the property manager, showing where she threatened to call the cops on me.  Here is the first email the property manager sent me:


Duran Rentals

Jul 2 (7 days ago)
to me
July 2, 2014



Dear Pat,

Your backdoor neighbors who live at 125 Madden Lane #B have reported to me by phone call this morning that you dumped several items on the ground beside their house somewhat next to the dumpster, including (but not limited to) 2 box springs, a mattress, 2 entertainment centers, a vacuum, a shop vacuum, a television, a computer screen, a  wheelbarrow full of “crap”, and a dresser.  THIS IS NOT COOL and you should have disclosed this to me when we met for the move out inspection yesterday at 2:00 p.m.  These items were out of my sight during the inspection so I did not notice them.  Photographs of these items have already been taken, and  you will be charged for the cost of our labor and expense to clean it up.  I was very casual about the condition you left the duplex in yesterday, but you not being honest about dumping a lot of your large garbage items on our property is a bit unsettling.  Consider this e-mail a preliminary itemization of what will be deducted from your deposit. 

As we discussed yesterday you will also be charged for our cost to clean up the additional garbage you left in the back yard including a dishwasher, a barbeque, 2 long pieces of wood, a patio table metal base, and all cigarette butts strewn about the front and back yards.  And, in the interior of the home, you will be charged for the missing dining room ceiling light fixture, the 2 missing kitchen cabinet doors, replacement of all torn and damaged screens (which was pretty much every one on the house other than one or two), the cost to cover up the deep dark colors you painted the interior of the residence and the garage, and for removal of the 3 shelves/coat racks you attached to the walls in the living room and bedroom.  The refrigerator still needs some light cleaning as well, as does the garage door, etc.  And, there was a lot of food compost material left on the ground in the back yard that will have to be picked up.   There are also  unprofessionally-patched (holes in the walls caused by you and patched by you during your tenancy) hole(s) in the sheetrock walls that will be repaired by a drywall professional.  And, as we discussed yesterday you cut out carpet behind the door in the first guest bedroom where your cat urinated and I immediately noticed the room smelled of cat feces and urine; so we will be addressing the issue of whether or not the subflooring is saturated with cat urine also once the carpet and padding is removed.

Everything will be documented by photographs, and we will begin the process of repairing all items listed as soon as possible. 

Most of the items you dumped next to the dumpster Solid Waste of Willits will not accept in their household waste garbage dumpsters so all of these items will have to be driven to the landfill in Willits or Ukiah.  I am giving you the opportunity to return to Madden Lane and pick up the large garbage items you left behind 123 Madden #B and the garbage you placed beside 125 Madden #B.  The man and woman living in the residence at 125B Madden Lane behind the residence you leased from us at 123B Madden Lane are very upset that you dumped all of your furniture and large items of garbage in their side yard!  The man told me he had to move some of the garbage you dumped just to park his car! 

I told you yesterday that I would attempt to get you as much of your deposit back as possible, but in consideration of everything mentioned above and the manpower and expense it will take to deal with the condition you left the premises in, it’s unlikely.

I don’t want to go back and forth with you by e-mail discussing all of these items, but the facts contained in this e-mail stand, and I will get back to you when I have a better idea of the total costs we will have to pay out to repair all damage and for dump fees.  Have a nice day.

Sincerely,

Diana Simmons

Duran Rentals, L.L.C.
P.O. Box 681
Redwood Valley, CA  95470


Here is the second email she sent me that day:

Duran Rentals

Jul 2 (7 days ago)
to me
Pat,

In fact, illegally dumping garbage is a crime!

Diana

Here is the reply email I sent her:

Patricia Bennett pattyb4261@gmail.com

Jul 2 (7 days ago)
to DuranJoanna
Diana...I have just earned my AA degree in criminal justice so I know you have to PROVE intent, and as I said in the earlier email, it was NOT our intent to do anything illegal...the help I hired two weeks ago did NOT SHOW.

Plus, I am friends with some of the police officers on the Willits Police Force and they do know my character, so it is highly doubtful they would arrest me, so BACK OFF.

A copy of this email will go to my attorney as well.

Ms. Bennett

Here is the next email I sent the property manager:

Patricia Bennett pattyb4261@gmail.com

Jul 2 (7 days ago)
to DuranJoanna
Something else you need to know...when the kitchen cabinets were damaged by my son, I DID go to Ace Hardware in Willits and actually ordered a new set of doors to go on there (you can verify this information with Jennifer, who is the employee at Ace I dealt with), however, the doors were the wrong size.  I then found out the cabinet doors were originally ordered by Home Depot in Ukiah so I went there to buy more doors.  I was told by an employee there they no longer carry that particular model.  My apologies for not contacting your company then to figure out a solution but I DID intend to repair the damage.

My son had also kicked in the hall bathroom door, which you knew nothing about as I was able to rep[lace that door.  So again, PLEASE do NOT accuse me of trying to be dishonest as that is NOT my character.

As I said earlier, my attorney will get a copy of ALL these emails.

Ms. Bennett

Here is the third email I got from the property manager:


Duran Rentals

Jul 2 (7 days ago)
to me
July 2, 2014

Pat Bennett:

Like I stated in my e-mail sent to you at 10:51 a.m. this date, I am offering you the opportunity to remove your garbage off the ground of our adjacent real property; that opportunity (window of time) expires at 9:00 a.m. on Monday, July 7, 2014.  The July 7 deadline gives you ample time to collect your unsightly debris and dispose of it in a lawful manner.   If ALL of the garbage you illegally dumped is  not removed from our property by 10:00 a.m. on July 7, 2014, I will report the incident to Willits Police Department,  you will receive a written citation and then you can then appear before a judge, and/or pay the imposed fine for illegal dumping and/or restitution to the property owner ordered by the judge on behalf of the State of California.    

The persons living at 125 Madden Lane #B are offended by your careless act and having to NOW look at the mess of debris you left in their yard.  PLEASE have some respect for others, and clean up your mess.

I do not have any more time to deal with this matter today, but I look forward to working with you so that this matter can be resolved.  It is my hope that when I get back to work on Monday morning and contact the persons living at 125 Madden #B, they inform me that you have taken the garbage away.  If you absolutely cannot get the van up there to take the garbage away, perhaps you can pay someone to do it for you.  I just spoke to Ed Cardillo (our maintenance man) who said he will  do the job for you for a fair price, and you pay the dump fees.  He said he will not accept a check, and that you must pay him in cash.  His cellular phone number is (707)671-6414.  I gave Ed a breakdown of all of the items you dumped on the ground, so he has an idea of what the job will entail.  Please give Ed a call at your earliest convenience.  Thank you in advance for your anticipated cooperation.

Diana Simmons  


From: Patricia Bennett [mailto:pattyb4261@gmail.com]
Sent: Wednesday, July 02, 2014 12:03 PM
To: Duran Rentals
Cc: Joanna B
Subject: Re: 123 Madden Lane #B, Willits, CA

So, as you can see, in the first email this woman sent me, she said I'd be charged for the furniture waste that was left by the dumpster, indicating it was ok.  Then, in the second email she sent me, she stated "illegal dumping" was a crime, then in the third email she sent me, she stated she would call the police on me, I would get a citation, and be made to pay restitution to the property owner if I did not remove the items by her deadline.  How vindictive!  This is why I say KNOW your RIGHTS!


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