FOLLOW UP letter to Legal aide.. Do landlords and tenants share equal rights?
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posted by Bob at Monday, February 23, 2009
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Monday, February 23, 2009
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Conscience is the light of the Soul that burns within the chambers of our psychological heart. It is as real as life is. It raises the voice in protest whenever anything is thought of or done contrary to the righteousness. Conscience is a form of truth that has been transferred through our genetic stock in the form of the knowledge of our own acts and feelings as right or wrong. A virtuous and courageous person can alone use the instrument of conscience. He or she can alone hear the inner voice of the soul clearly. In a wicked person this faculty is absent. The sensitive nature of his / her conscience has been destroyed by sin or corruption. Hence he or she is unable to discriminate right from wrong. Those who are leading organizations, business enterprises, institutions and governments should develop this virtue of the ability to use their own conscience. This wisdom of using the clean conscience will enable them to enjoy the freedom.
Dr APJ Kalam, President of India given during the inauguration of the seminar on “THE EFFECTS OF CORRUPTION ON GOOD GOVERNANCE AND HUMAN RIGHTS
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19 Comments:
This is the letter our anonymous landlord sent legal aide in response to their threats.
There maybe copy errors.
December 31, 2008
Dear ****
I am writing in response to your letter regarding a tenant of mine, currently residing at St. Paul, MN 55106. I must say at the onset that I find your letter somewhat ludicrous, supremely irritating, and in need of the following repairs:
(1) The entire letter is infested with threats, commands, nonsense, disinformation and lack of overall knowledge of the situation involved. I am aware that there have been some efforts made to communicate in a meaningful manner, but unfortunately you have abandoned that line of reasoning and resorted to writing intimidating letters designed to scare me into submission to the frivolous whims of an irrational and irresponsible tenant who, more than likely, will never be satisfied with any outcome no matter how over-accommodating my actions are or may become. These tactics only serve to escalate the conflict and place us all in a no win situation. In the future, please do me the courtesy to take the necessary steps to ensure that your brain is fully engaged, completely sober, operating rationally, and filled with the relevant facts before communicating with me either verbally or in writing if you want to be taken seriously.
(2) All the bats are missing from your belfry. Please get the professional help you so obviously need to re-enter the realm of reason and sanity.
These corrections and repairs must be made within fourteen (14) days (or sooner if you intend to drive home). Should you attempt to retaliate by threatening to sue me you should know that the Arch-Angel Michael will zealously represent me in court. Oh, and by the way, God, Jesus and the Bible are also on my side. (Ha-ha, you are sooooo outranked.) Be advised that if you fail to correct these deficiencies and God finds it necessary to intervene by temporarily impounding your brain and performing a lobotomy on it or placing it in an asylum, you will be responsible for all costs incurred by the Administrator. Costs are typically recouped by selling what’s left of you and/or your immediate family into Eternal Slavery and Damnation, a.k.a. the Lake Of Fire. (And all you can threaten is to take away buildings, once again, you are sooooo out of your league.) If you have any questions, or don’t like the tone of this letter, or the way I run my rental properties, please contact me immediately at 1(800)EAT-SHIT!
Cordially,
P.S. Seriously though, did you know that your client is guilty of decreasing her services and not fulfilling her responsibilities according to the lease (something you forbid me to do) in the following ways?:
1. She’s behind on the rent by $324
2. She’s behind on security deposit by $274
3. She failed to reimburse me for the window she broke $45
4. She has failed to reimburse me for the kitchen drain that she clogged by pouring used cooking grease down it. $35
5. She has failed to reimburse me for shoveling the snow $35. Total owed= $734.
6. She has failed to help keep the unit pest free by not disposing of the dead mice.
has four children. The eldest being about nine years old and the youngest about 1 month old. She claims that she is deathly afraid to touch, look at, or dispose of a dead mouse. I
have explained to her in detail that it is not necessary to touch them. You simply sweep them into a dustpan and dump them in the garbage. As unpleasant as this may be, it is much easier, cleaner, and less disgusting than disposing of a child’s vomit, feces, or urine which I am sure she does quite often. She recently called me at 10:00 PM because she discovered a dead mouse under her kitchen sink and wanted me to send a maintenance man there immediately to dispose of it. I informed her that that is a completely unreasonable demand and that I am not going to send a maintenance man over there immediately to throw away a dead, poisoned, or trapped mouse every time she discovers one. According to the lease, she is required to keep the unit pest free. That includes providing poison and/or traps (which she has never done), keeping the unit relatively clean, and disposing of dead, poisoned, or trapped mice. Professional exterminators from Gary’s Pest Control treated the unit immediately before she moved in and once again the first week of December 2008. In both instances they set traps and baited and removed dead mice from all three levels of the building. They also sealed up every hole that they could find in the foundation of the exterior. Since has occupied the unit, we have only discovered four dead mice in 3 months. The is not evidence of infestation. and if she would cooperate, this situation would be resolved even sooner. Meanwhile, she has informed me that she no longer intends to shovel the snow on the sidewalk because she found a dead mouse. Why is it okay for her to withhold services which she has agreed to in the lease but is not okay for me? Of course I do not intend to withhold services that I agreed to in the lease and I expect the same from her. The bottom line is that has a ridiculously heightened and totally irrational fear of mice. That is her problem, not mine or yours. If she cannot overcome it perhaps Child Protection Services should take away her children and place them with a mother who can pay the rent and security deposit, shovel the walk, properly dispose of used cooking grease, and remove an occasional dead mouse. I truly believe you are doing her a disservice by over-accommodating her with this fear.
As you may or may not know, is on Section 8 and this unit passed the Section 8 inspection and a very vigorous certificate of occupancy inspection conducted by a meticulous fire inspector by the name of in September 2008. If you are truly aware of the Minnesota statute that requires that blinds be installed on windows I would be very interested to see it. I have been a landlord for years and this is a new one for me. Neither of the aforementioned inspectors ever mentioned a code requiring that blinds must be installed on all windows. There were no blinds when she moved in and when she asked about them, I informed her that is something I never provide. If she did not have small children, and if she had her entire rent and security deposit paid in full, and if she reimbursed me for the repairs she’s already made necessary, and if she would resume shoveling the walk, and if you can show me a statute that allows for the confiscation of rental properties for failing to install window blinds, then I might reconsider. Otherwise, I won’t. As for the mice, I have done everything necessary and reasonable to eliminate them. I have had no complaints from the people living above I have been patient in accommodating her unreasonable phobia and requests for removing the occasional dead mouse for her. I cannot and will not guarantee that a mouse will never find or chew its way into the building. I do, however, warrant that traps and poison will be waiting for them when they do.
Cordially
*******
Typical! A renter on the worng side of the lease trying to manipulate the system to get the upper hand. I'm suprised code boys were not after the landlord too.
Some folks are always so quick to start calling others a slumlord (Amanda?...are you there honey?) and when you start to see the other side that always gets hidden or not mentioned well then the situation turns into something completely different and something very very wrong.
This guy is not taking their crap!
That letter was GREAT!
TELL HER TO GET A CAT.
Other than the silly stuff in the middle, a good letter.
He should go ahead and give her notice that she needs to bring her rent up to date or face eviction.
Its winter, its Minnesota, mice will go where it is warm. Any older house can get mice, it sounds like he takes efforts to rid them in a responsible way.
JMONTOMEPPOF
Chuck Repke
I'm clapping right now.Chuck are you feeling alright?
Brad
Brad,
The woman has a problem.
The landlord's biggest issue appears that he rented to someone that didn't have their act together in the first place if he doesn't have her damage deposit yet.
So, I am a little concerned that he won't figure out how to give her the boot.
I have never supported anyone gaming a landlord and I have lived in Minnesota in enough homes more than 50 years old, so I know what mice look like.
JMONTOMEPPOF
Chuck Repke
"He should go ahead and give her notice that she needs to bring her rent up to date or face eviction."
He probably did and that's why she went to Legal Aid!
I think a reasonable solution might be for both to part ways.
She is not happy with him and he is not satisfied with her.
If the lease runs out, simply don't re-rent to her.
I know this sounds kind of harsh, but thats buisness and tenants realize that a landlord is under no obligation to re-enter into a lease.
This landlord should have known better and I am willing to bet he rents to others in an irresponsible manner.
I have worked for landlords before and never have I come across one with such a disentful attitude.
This landlord cracked under the stress from a letter from legal aid.
If this landlord is right, then he should ignore the legal aid attorney.
This woman can get out of the lease if she feels this landlord wasn't fullfilling his obligations under the lease.
On the flip side, the landlord can probably evict if the woman is behind any amount of rent.
There may be some loopholes however and some defences to not paying rent called a constructive eviction where the tenant can voluntarily leave during the lease due to the landlords non compliance, forcing the landlord to go to court to get compensated for the remainder of the lease if he cannot re-rent it.
He better have his shit together or a judge will validate the voluntary constructive eviction.
Jeff Matiatos
"This landlord should have known better and I am willing to bet he rents to others in an irresponsible manner."
I think Jeff is right. One way landlords can be more responsible when renting people is to require first and last months rent up front, a job with a good employment history and an income making 3 times the amount of the rent, and not a lot of bills so there's money left over to pay the rent with.
Anyone wlse with a sob story or down on their luck can just go to hell That way you get a good tenant and you have rented out more responsibly.
No criminal record either. They can live in the street also.
I am correcting my post at 12:19 a.m.
To have a constructive eviction, the tenant must move out during the lease and sue for breach of contract.
The tenant better be right or could be liable for the landlords losses during and after the lease if the rental market is bad.
Jeff Matiatos
She wants to have her cake and eat it to.
This landlord, if he knew what he was doing, could have responded to the legal aid attorney by suggesting that if this woman thought she was a victim, why doesn't she constructivly evict herself.
Either this woman doesn't know she can do this or she has guilt written all over her and knows she has not lived up to her expectations.
The legal aid attorney is thinking only about the poor soul and I am willing to bet she never told legal aid that she was behind and caused damage.
The legal aid attorney might have not written this landlord a letter had they known that this woman didn't exactly have her shit together either.
I can see the landlords side of it here too.
Jeff Matiatos
Legal Aide help some people, not all.
It depends on whom they have to fight for or against?
They help Alice K of W.St.Paul.
they still pick and choose the cases
I would think that Legal Aid would screen their clients a little better than they do. As it is, renters come in with a pie in the sky story and Legal Aid buys it hook line and sinker every single time.
Like the previous poster said, most of the time the renter has not ever asked the landlord for any repairs. How's he supposed to know when the renter don't tell him? The next thing he knows, he gets a confrontational letter from some asshole attorney threatening to sieze his property. That doesn't sound to me like the beginnings of any type of successful working relationship. There's no Attorney anywhere willing to take a case and chrge into cvourt without knwing the other side of the case, but Legal Aid will do it so often you can bet money it and win 90% of the time.
Please revist the defense of Alice Krengel Video, SMRLS attorney' did not have the balls to have Alice testify, currently in MN Supreme Court without a decision.
Alice Krengel is her own worst enemy...... alto W. St.Paul did not pursue the Tenants Rental Certificate
These tenants if jury trials were held would lose big time.
The RICO Landlord cases were heinously denied Trials by State and Federal Jurys.........
We the Taxpayer Homeowners have a right to know what we are paying for. 42 City Attorneys + staff etc.SMRL's Lawyers, incompetant at best...... PUT THESE TENANTS ON THE STAND........
I know a landlord that buys stolen appliances and sells them to the owner,she makes herself out to be living the life of a woman who has cleaned her act up. Think after losing a house and having a felony would make a person smarter
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