Monster post on evil landlord; legal tidbits, moral support

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Monday, 17 September, 2007



Dear Harmon Property Management,


Thank you for your notice of 12 September 2007.

I have engaged in the ritual burning of sage once in the apartment, immediately after moving in, as befits a cleansing ritual to a new space. This being the case, it is impossible that what you found in the sink was ash. It seems likely to me that what was found was actually potting soil, as I use that sink to water my plants, and the two substances could be easily mistaken. I appreciate the management's concern for the resident's welfare.

Smudging, which is in violation of neither the lease nor the house rules,* involves burning bundled, ritually blessed herbs in controlled circumstances similar to those involved in the safe burning of incense. As the amount and type of flame involved are similar to that of incense burning- which is not against fire code- I had no reason to believe that engaging in this ritual posed a significant hazard to anyone. If it is against fire code, I offer my sincere apologies for the risk I have posed to people and property, and shall not engage in the ritual again (as I probably would have for upcoming Samhain) outside the fireplace.

As for the smoke detector, I too have noticed its absence, and would greatly appreciate its return, as per the notation on my move in checklist. I believe the pieces are sitting on the mantle downstairs; I neither took them down nor know how to put them back.

I hereby also request that the management provide me a read and signed copy of my move in checklist, which I returned in a timely manner on the 15th of August in accordance with the instruction given me.**

I should like to be clear on the point that I have not ever had the intent to stop Harman Property Management from finding someone else to live in bedroom B and split the utilities with us. The "nasty note" I placed on the bedroom door is a beloved quote from Mahatma Gandhi, reading, "in the past we have had the options of violence and nonviolence; now we have the options of nonviolence and nonexistence." For the literate reader it refers quite clearly to nuclear proliferation, having nothing whatsoever to do with the rental of the room or not. While I recognize that placing it on the door of a private room not rented to me was unwise, while that room remained un-rented, the outward facing side of the door constituted, aesthetically, a portion of the public space. As neither the contract nor the house rules make reference to decoration of the public space, I naturally assumed that within reason this would be left to the discretion of the residents. I repeatedly checked with the other residents about my use of public space, and received no notice from the management about wall hangings before it was removed. Once more, I must request that it be returned to me.

The "nasty note" I put on the bathroom mirror merely requested that prospective tenants make the residents aware of their visits. This was done because it has caused significant emotional stress to the residents to have the management in their home so constantly without proper notice and for the management to make such strange and frequent demands, obviously based upon visits they had made without proper notice and generally when the residents were not there. Because this would have been far more acceptable to the residents had the management been troubling themselves to maintain the residence, the note also referenced the most inconvenient of the unsatisfactory conditions in the apartment, the plumbing/ hot water situation, and was posted next to copies of the work order forms I had turned in. The intent was only to make an honest disclosure of the true condition of the property, and to convince the management to improve the condition of the property, as there are a number of problems that would not be perspicuous to one who has not lived there. The exact text and location of the note has been documented and is available upon request.

The only thing I have threatened anyone with is legal action. This is not grounds for eviction.

The bookshelf and plants in the hallway were not against the contract, the house rules, or fire code. Upon being asked to move the bookshelf, I filed a work order within days to have it moved to a location more suitable to the management's liking. Despite that it was instead moved to a location that blocks my access to furniture I would like to have use of in my bedroom, and despite that I dare not move it anywhere myself for fear of further injuring my back, and despite that none of the other residents object to the bookshelf's original position in the hallway, I have kept nothing in the hallway since the bookshelf was moved except for the remaining wall hangings, which were not mentioned in the notice.

The objects I have stored in the bathroom have all been hygiene and grooming related. If the management wishes to limit the resident's right to store their hygiene and grooming objects in their bathrooms, this should be stated in the house rules, and it should be stated in a more specific way than "the bathrooms are not to be used for storage" unless the residents are not to be permitted to keep anything in their bathrooms at all.

While there is nothing absurd or disturbing about the protection of a resident's right to a reasonably maintained property and the quiet enjoyment of the space they have paid for, I most sincerely regret that your business experience leads you to believe otherwise. Neither should the ancient ritual practices of my faith, practiced safely and legally within my home, provoke such epithets. If you are uncomfortable with smudging as a religious practice, you should have said so earlier and should say so now directly, rather than resorting to sly disparagements such as “absurd” and “disturbing”. It is illegal, of course, to discriminate in provision of an open market rental on religious grounds, but reasonable people can often accommodate each other without having to resort to legal gotchas.

If there is any other way in which the management believes I am in violation of the lease, I here request that they please notify me so that I may comply.

Here also I request that the management respond to my correspondence to them dated September 12, an additional copy of which is attached.




(me)


P. S. In all future correspondence, please use correct names. At a minimum, that should include both the proper legal name and DBA, if any, of your business unit, the name of the responsible property manager with his or her license number, and the names and addresses of the landlords of this property. In particular, the Utah Department of Commerce appears to be unaware of any such entity as Harman Property Management.


* The office staff employed by Harmon Property Management would do well to take care that they do not falsely present the nature or existence of the house rules, and that they actually present them with the contract before signing; it seems this has been a problem on a number occasions in the past, and could create great inconvenience to all involved should the carelessness continue. They may also take into consideration a policy of conducting themselves with courtesy and respect towards the residents and any others they may encounter in a business setting.

**This should be accompanied by the addendum to the move in check list which I was given permission to make (and which I obtained a copy of at that time) that was turned in on the 16th of August, when I discovered further parts of the residence in need of repair. It should also be accompanied by copies of the work orders I turned in on the 16th of August, when I received “the house rules,” and on the 1st of September.

Wednesday, 12 September, 2007
To those responsible for managing _________________in _____:
Last night I returned home to find my bookshelf had been moved from the hallway to my bedroom floor, in front of my couch. For those unfamiliar with the points of the compass, the east wall is to the left as one enters the room; please move the bookshelf against the east wall as per the instructions on the original work order. The objects currently occupying that space include a laundry basket and chair, which, as I can easily move them myself, may be returned in front of the bookshelf once it is against the wall; they also include some crates of files, which may be stacked against the north wall behind the door without obstructing access to the bookshelf.
Failure to promptly render my living space fully accessible again in this way may constitute discrimination or harassment against the disabled. It is also of legal interest that blocking my access to my couch was a higher priority to Harman Management than providing their tenants with adequate hot water or deadbolts on the doors, especially since the original location of the bookshelf in the communal hallway did not violate any fire code that the fire marshal I spoke to was aware of. If Harman Management chooses to make amendments and additions to the house rules, I request an updated copy of these house rules.
Also last night, I discovered that one of the decorations I had in the hallway was missing; a quote written on blue paper in pencil. This object is of significant sentimental value to me and I would like it back.
My stair stepper would not fit in my closet. As you have just inspected my space yesterday, you should know what it looks like. Please provide a clear answer to my earlier request concerning it; “probably” is not clear.
I hereby also request permission of Harman Management to keep up to twelve tidy and well cared-for pots of plants on the front or back steps or in the vacant portions of the beds around the house. I am aware that unapproved objects are not allowed according to the house rules; this is my request for approval of these objects. If this permission is denied, or if permission to keep my stair stepper is denied, I request a notification in writing as to why it is denied.


(me)

,
If it were me and someone threaten the peace, happiness, enjoyment, privacy and security of my home and caused me mental duress….there would be a lawyer involved….especially if further interaction would cause me to suffer a melt down. Kick over a rock and get one, if the management calls again just tell them you can’t argue with them (because you’re suffering horrible emotional consequences from their willful acts)….but you have someone who will.
Good Luck