I. INTRODUCTION
Defendant SARAH MINER, owner, and operator of the Portola apartment complex, recently denied Plaintiff DARLAWILLIAMS, a former tenant, application to continue leasing her unit at the complex. Plaintiff subsequently brought suit against Defendant, alleging discrimination as the basis for her denial. The Plaintiff 's case against Defendant, however, is without merit. Defendant denied Plaintiff 's application because she received several noise complaints throughout her tenancy, disrupting the peaceful residential community. Furthermore, Defendant denied Plaintiff 's application due to her failure to keep her unit in good condition; resulting in substantial damage to the unit and approximately $3,500 in repair costs.
Although
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Miner agreed to rent unit #3 to Plaintiff, a former tenant of Portola complex. Plaintiff worked as a waitress at Danny’s restaurant and resided in unit #3 for one year before her lease expired on December 31, 2016. Although Plaintiff regularly paid rent in a timely fashion, during her tenancy however, multiple noise complaints and damage sustained to the unit has subsequently lead to her renew lease denial on December 2, 2016. Moreover, Plaintiff never repaired the garbage disposal in her unit in accordance with her leasing agreement.
INCIDENT 1:
On January 16, 2016, less than two months into her tenancy, Plaintiff threw a party with a neighboring tenant. Several tenants called Ms. Miner in the middle of the night to complain about the party and the aggressively loud noise levels coming from the halls, resulting in police involvement in efforts towards shutting down. Moreover, Plaintiff received a personal email from Ms. Miner two days later, notifying her of the complaints filed and to clarify that she was residing in a peaceful residential community where the tenants do not throw or want to hear loud parties. Instead of taking accountability, Plaintiff blamed her neighbor for the disturbance in addition to minimizing her involvement.
INCIDENT 2:
On February 6, 2016, several tenants reported a loud argument taking place in Plaintiff’s unit with her ex-boyfriend who subsequently assaulted her, resulting in damages to the unit including holes in the living room
Upon my arrival, I spoke with the complainant Robert Claybrook. He advised that they have just recently puchased the property. Mr. Claybrook told me on September 20, 2015, he observed the crystal chandalier taken from the master bedroom located on the second floor. He also said that his girlfriend, Christy Ballard, came down on wednesday, September 23, 2015, and checked on the property, but nothing looked out of the ordinary. Mr. Claybrook then stated to me that on September 26, 2015, he observed the exterier five ton A/C unit gray in color taken from the property. Mr. Claybrook also
Christie had a lease agreement signed with the caravan owner Angelo where he mentioned that weekly rent would be $175. At the end of the expiration of the lease, he decided to increase it to $200 and had the new lease agreement prepared with $200 mentioned as weekly rent. But since Christie couldn't pay higher rent, he asked her to pay $175 but the lease was never changed. Christie continued to pay $175 and all was good with Angelo. However Christie has had many loud parties since she moved into the area. The neighbors have often complained about the loud noises and music. Angelo ignored this situation for some time but finally took notice and asked Christie to pay the arrears in rent which was the difference between stated weekly rent and the rent she was paying. Christie is now in a fix since verbally there had been an agreement between
The tenant went back to her unit and called 911. Officer Bass of the Bellingham Police Department was the one that responded. The Tenant has a police report from that night and the officer referred her to Domestic Violence and Sexual Assault DVSAS and he promised to get back to her which he has not.
Plaintiff’s family was urged by the police to get security cameras and a fence to fence off their property. Plaintiff’s home is far from the street. Whoever is doing the vandalisms are trespassing, and purposefully trying to inflict harm on the driver of the vehicles. This has placed even more financial burden on Plaintiff’s parents to protect their property, and their family. SEE EXHIBITS “47,” “67,” & “70.”
Throughout the course of this lawsuit, we have attempted to resolve it. Plaintiff’s counsel initially refused to provide us with a demand, stating only that the case value was in the “seven figure” range. After we produced the photos of the stairs with the temporary lights in place, Plaintiff’s counsel called and admitted that this evidence posed a problem for him. He had previously believed his client’s testimony that no lights were present. We informed him that his client’s testimony is laced with numerous lies about everything from the lighting conditions to her past medical history. We also advised we would not schedule our clients for depositions until he provided a reasonable settlement demand. After further consultation with his
Additionally, Blue Ridge was engaged to meet the terms and conditions of para 10.1 of the Lease Agreement to keep all HVAC units in good working order and repair during my tenancy. Blue Ridge carried out regular periodic inspections of the units and performed maintenance work as in their professional opinion was required. The cost of the services provided by Blue Ridge to Furniture Affair was in excess of $7,000 per annum. Irrespective of this and only to be diligent I
The success of the Community Association Practice Group is attributable to Mr. Hirzel’s drive and determination to provide his clients’ with the highest quality legal representation. He has been selected as a Michigan Super Lawyers Rising Star in Real Estate Law in 2013, 2014 and 2015. He maintains a 10.0 / 10.0 superb rating from www.avvo.com. Mr. Hirzel has been featured in Michigan Lawyer’s Weekly on (4) different occasions for successful results he has obtained on behalf of clients since 2012. Mr. Hirzel has been interviewed as an expert by the national condominium magazine “Common Ground” on various issues relating to condominiums over the past several years. He also made numerous presentations
Additionally, Tenants’ billing log contains a number of entries appearing unrelated to this litigation of duplicative to Tenants’ efforts. For example, Tenants have included billed hours for matters concerning an Acknowledgement of Satisfaction of Judgment filed in
At trial, the Court awarded Plaintiffs only $4,149.42 as damages for their first cause of action, titled “Breach of Lease.” Plaintiffs did not provide proof of, or request or otherwise pray for, recovery of prejudgment interest in any amount or at any discount rate during the Court’s judgment proceeding.
and the Licaris for damages based upon the rent due under the original lease for the months of June through September, 1981, when the premises were vacant .The landlord alleges that damages should be measured on the basis of rent lost monthly, thereby creating a separate and independent cause of action for each month in which there was a deficiency in rent.
Legal proceedings from the owner corporation commenced in February 2011. In 27th May 2011, access was denied for Di Blasio’s affidavit to rectify work in the building even though he had applied to transfer the proceedings to the consumer and trader tenancy tribunal. The dispute was transferred back to the District Court as Di Blasio offered to perform rectification work for $1. Di Blasi deemed that the owner corporation was not entitled to mitigate its loss. At the Supreme Court, the decision had been appealed.
Mr. Gilbert came in to the leasing office to view apartment 2407. I told Mr. Gilbert the apt 2407 is on the second floor. He stated the he is not able to do second floor do to knee problem. He want an apartment on first floor.
Terry a student at the Center College has rented an apartment from Mr./Mrs Roberts and from ever since they have been having a huge problem with each other, due to Terry is not paying her rent on time, and Mr. Roberts fails to repair the apartment. However, what I have analyzed is that Mr. Roberts the property owner (landlord) said he is having a huge problem with his tenant Terry where paying her rent is a concern. Terry on the other hand, claims that paying her rent on time is not a big deal, but her living condition needs immediate attention, in which she had spoken to Mr. Roberts countless times about, but he fails to repair the apartment. Consequently, upon the confrontation with both parties, Mr. Roberts and his tenant Terry to
Patient lives alone in a one bedroom apartment in a complex for individuals with mental disabilities per the patient. The apartment is filthy, there are stains on the carpet and items’ cluttering his furniture, and therefore, the patient is requiring immediate and continuous assistance with the maintenance of his dwellings. The patient uses a motorized chair to maneuver around his apartment and outside in the community, because he uses the motorized chair outside it tracks dirt into his apartment and causes the carpet to get soiled. The patient stated that he is at risk of being evicted when his lease expires if he doesn’t keep his apartment clean; as a result he is requesting assistance with cleaning his apartment. The patient noted that
Primary issue: Did Max Rothenberg & Company has an obligation to report suspicious activity to the tenants?