We lived with the Archstone Communities for close to seven plus years. The Archstone Miramonte Community wanted to evict myself and my spouse Carlos for non-payment of our February rent. February rent was paid on the first for the contractual amount of $765.00 on check number 5771. This was personally delivered to the Community Manager Carole Green, on Saturday, at 10:00am.
What Archstone Miramonte really wanted to evict us for was sticking up for our consumer rights to live in a habitable home without mold, mildew, or fungus which is from there faulty care keeping, and or negligence throughout there years of ownership, which has now damaged our home, health, and our well being. A working entry door, that opens and closes, to building code standards as stated on demand letters from the City Of Rancho Cucamonga Building Code and Safety Violations divisions in February and in March in which the Apartment Complex nor owners have yet to comply. To have working bathroom facilities which would entail a proper working shower faucet in our only restroom facility, of our one bedroom one bathroom apartment, an operable sink that does not cave in do to the high amounts of mold, mildew and fungus in and around the apartment home.
We have yet to receive February's rental check back into our possession. When inquired upon, the reply was simply, "it is in the mail". The wonderful Community Manager Ms. Carole Green has consistently lost our rental checks, as well as our contractual rental agreements. Not to mention the typed list of non-cosmetic repairs that are necessary in our home, they have been faxed, emailed and hand delivered on several occasions, to Ms. Carole Green, as well as other members of the Archstone Management Team.
In an effort to keep the peace, between ourselves and our respectable community manager, I supplied her with several copies, of the rental agreement, and the typed list of repairs, and requests, all to which she claims, have either never been received or "lost in the ever growing pile of paperwork here on the desks."
What was found on my door on February 26, (Unlawful Detainer) was not an effort on Archstone Miramonte Communities, behalf to keep loyal residents. What it was and still is today, is an effort to keep tenants such as ourselves Jennifer Calderon, and Carlos Morales quiet.
The lesson learned here, is that if you put your consumer rights to habitable home far down on your list of priorities, and continue to pay your rent, what you will be offered is an apartment. What you will not be offered is the right to a habitable home, you can count on the Archstone Seal of Service to state no concern on your behalf for the habitability of your home, your health, or your well being while in residence in one of there fine communities.
When we got to court it seemed as though we spoke a foreign language, not the language of the lay, and no one wanted to listen to what we had to say. We presented the commisioner with a video of our home, pictures of our home inside, and outside, documents, which entailed cashed checks for the consuming time while in the home, conversation logs, letters, phone records, and receipts, as well as the rental contract.
Yet it seemed as though he refused to view these items. He never stated that they are insubmissive as evidence. He just refused to look over them in detail. It was though he glossed through the items, never rendering care or thought on our behalf. The commissioner did not even look at the video that we presented. He clearly stated that there was only one television, and no time. Yet at the beginning of the court sessions, he rendered permission to a set of defendants such as ourselves to go last, and to view there video tape. When we inquired upon the same, he simply stated no. That is odd. I thought court is to decide justice. What we felt was clearly stated was an importance of time.
The commissioner was confused as to what angle the apartment complex was attempting, and more confused with what Carlos and myself were attempting to discuss. We had even brought witnesses, to further assist us in our case. The Senior Building Code Inspector for the city of Rancho Cucamonga. Along with two tenants in the same building, who could testify under oath in detail the trouble (s) that ourselves, and themselves had gone through with the Archstone Communities. They were never given the opportunity to speak about the situation.
At the end of the court session, Carlos and I walked out confused. We clearly felt that our case had no been justly heard, nor given much thoughts as to the why's and what's of our case. Not once was it mentioned that Carlos and I have never paid late once in the seven years, or that we have never missed month's worth of rent. The simple fact that we are not problem tenants never came to play, and was never given consideration. Considering we are not nor have been.
So here we are evicted, with little hope for our rental future. Seven years of loyalty down the drain. Finding a lawyer has been very difficult considering Archstone left us for broke. It's strange how justice works. We felt as though we were royally, we'll you know.
Any suggestions, comments, or thoughts onto how to handle our unique situation would be much appreciated. Thank you.
Jennifer
Fontana, California
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