The following information is based on a letter sent to the contractor dated on September 9
Below you will find our third request for compensation, which we feel should dealt with immediately. I have been told that Doss Construction no longer exists and that no one is running the company business.
Mr. & Mrs. Castellino, the tenants in unit #2, are asking for compensation for damages, displacement, what was taken/stolen from us, and emotional distress. We believe our request is reasonable, fair, and the landlord should not be penalized for Doss Construction's lack of professionalism.
When the work began in July, access was granted to the interior of unit #2. On the first day, we noticed that Doss Construction was running power from our bathroom, and punched a hole in the window screen to run the power cord outside. There was no need for the crew to have access to the inside, when they should have run power from the garage. Bob, a Doss Construction worker had asked the female tenant to move the mattresses in the garage away from the crawl space door to access a power source. This was done. The male tenant in unit #2 had to run the cord underneath the house for Doss Construction. The reason we stopped letting them into our apartment while we were not home, was due to the fact that each day the tenant arrived home from work at 2:45, the crew was gone and the doors were unlocked and our doors were open to anyone. Our garage door was repeatedly being left open after several requests to lock up.
The first day the crew accessed the unit, tenant noticed that sodas were missing from the refrigerator, and an entire tub of watermelon was consumed.
On the 3rd day, Richard Doss removed our bathroom window, and promised to have a replacement in a few days. The bathroom window had been boarded up since then.inadequate protection from further water damage was not put up. The ceramic tiles began falling away from the wall in the shower area. Tenant then put up plastic protection to cover the open areas of the window leading to the innermost portion of the wall. A large portion of the building was ripped open in the alley, and then he proceeded to rip open our kitchen windowsill, the same day. Once again, promising to have the area repaired within a few days.
On the 4th day, I came home from work, and took a nap. The front door was closed, and the crew was aware the unit was occupied. She was awakened by the sound of the toilet flushing, and realized there was someone in her bathroom. The worker then used his cellular phone and had given directions to an unknown party to the apartment. The worker then met this person in the alley where the tenant saw a quick exchange from the bedroom window. That employee has since been terminated according to Kate of Doss Construction.
Other instances are those such as:
Workers used our phone without permission while we were not home. The correct position for the phone to sit on the charger is facedown. Tenant found the phone face-up, three times!!!
Male tenant noticed that his Klein magnetic tape measurer was missing.
Value = $30.00
Crew repeatedly gained access to the unit either through the bathroom window or the rear door without permission. The dead bolt and lock/handle were removed completely, leaving holes in their place so that the crew could come in and out at their leisure.
Crew accessed the unit again without permission. A friend of ours who stopped by said that Bob had answered our front door. When the female tenant returned from work, she had to unlock the front door, and the crew was already inside.
Crew helped themselves to our personal items in our garage for their use on the premises.
We spoke with Kate on 7/30/03 expressing concern for personal belongings. We were getting married on 8/9/03 and felt at this point the construction crew was not trustworthy to work inside while we were away on our honeymoon. We denied further access unless someone we knew, or one of us would be here. 24 hours notice was never given to the tenants at any time to allow access to the crew. Kate went to the tenant's landlord stating that tenants were uncooperative and would not allow entry to the unit. California Landlord/Tenant rights state that, 24 hours notice must be given for access to be granted. Kate had called the morning of the day the crew needed to get in, and my husband and I both work. I never received a phone call from my landlord to inform me that you had conversed with her at any time to ask permission to enter our apartment. The landlord is clueless about what is going on because there are no lines of communication between Doss Construction and the property owner. The landlord was never informed about the decision concerning what type of window should be installed in the bathroom.
We have been without rear stairs since the first day, which leads to the alley, and is our alternate means of egress incase of an emergency. On 8/2/03, access by construction crew to the interior of the apartment was denied again due to insufficient notice. Work was not being done to the interior, nor was work scheduled for the interior at that time. Tenants expressed their concern to Kate at Doss Construction regarding the events mentioned above. The tenants in unit #3 have an issue. Your crew locked the female tenant inside, and locked out of her apartment because the crew had demolished the front and rear stairs, only leaving her with a ladder to climb in and out of her apartment. Your crew from using their hallway to go in and out knocked her work clothes that were drying in the hallway, onto the sawdust on the floor.
On August 12th, the day we left for our honeymoon, Kate came to our apartment to discuss the bathroom. She asked the tenants who they felt comfortable letting into the unit while we were away. We decided on Bob, and only him. She promised us that by the time we got back, the bathroom would be almost done, and we'd possibly be without a shower for the maximum of 2 days. Upon our return, we noticed our brand new bath towels (given as a wedding gift) were on top of the washing machine, and soaking wet. A friend who watched our home while we were away, said that he witnessed one of the 3-crew members working that day, go into our hall closet and remove bath towels to mop up the bathroom floor. The bathroom was flooded from the toilet being removed. The costs of the towels are listed on a separate page.
Upon return on August 17th, we found the bathroom only to be a shell. The 3 days that were given was so that the bathroom shower area could be ready for tile on Monday, August 18th. We called Kate and requested that she come over immediately to see what had not been done as promised. She was angry about the condition of the bathroom and sympathetic to our situation. An inspector came out that week, failed the inspection and yellow-tagged the bathroom according to Kate.
Rich Doss cut the power to the kitchen while ripping out the landing of unit #3. This in turn knocked out power to the receptacles in our kitchen. Rich was informed of this. Power was not restored until a week later. This caused all of our food to spoil in the freezer and refrigerator. Receipt is listed on a separate page.
On 8/27/03, on our way to take a shower at a friend's house, we unexpectedly hit a pothole in the road, which caused damaged to our truck. We feel that Doss Construction should be liable because we wouldn't have been out on the road at this time, if we had a shower that was functional.
We originally had a relatively large window in our bathroom. Kate had convinced us that we could expect a window that was 14 x 20. The dimensions of the actual window are 12 x 30. The decision was made to install a window that is 14 x 20. On 8/18/03, Kate promised us a window in by 8/20/03. The window didn't arrive until 9/1/03. We wound up with a smaller window that was expected. Rob Doss told the landlord that the bathtub was functional and that it has running water. This fallacy can be viewed on videotape, as well as the damage done to the interior of the unit, and other items in question.
9/5/03 Still without use of the shower or bathtub.
We have paid our rent in full. We are now demanding compensation for all of the items listed below
Beginning August 17th thru August 31st totals are in the amount of $4385.58
1 towel rack = $15.00
1 magnetic Klein measuring tape = $30.00
3 bath towels valued = $55.00
Gas = 200.92
Spoiled Groceries =$160.00
Carpet Cleaning/Other Cleaning =$100.00
Displacement Fee @ 50.00/dy. =$1300.00
Prorated rent $25.65/dy for August =$410.40
Prorated rent $26.50/day for September =$291.50
Car repair estimate (2 hours to assess the problem) =$86.00
Car repair total = Truck is still in the shop
Kitchen sink blocked from plaster waste washed down the bathtub by Doss Construction. = $16.76
Lost wages for tenant having to comply with Doss Constructions need to enter apartment without notice. =$720.00
Emotional distress $1000.00
Total reflects all expenses accrued beginning August 17th to September 11th. Monetary figures will continue to accrue until the bathroom is fully functional. Videotape will be provided in the event of a court hearing, and character witnesses will be provided.
The final bill will include interest, which we have accrued on our credit card because we have run out of cash for these unnecessary expenses.
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