10 25 11 0204 03628 1708 13 pages of emails between landlord and tenant cv11-03628-2614179 (appeal...

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  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 1/17

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 2/17

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 3/17

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    Gect: RE: 6ease @ro@ert damage lia>ilit @rovision Date: ed, 1& +ug 2$11 22:#":(! '$&$$i Rich,o@e*ull 5att has co@ied ou on all our @revious corres@ondences...>ut kno=ing 5att, he @ro>a>l has *orgotten a>outthem or doesn-t reali?e the =ere ever delivered, etc. +n=as, 0 @ro>a>l have co@ies o* all o* them, man o* =hich arenotices to *i things, etc. Recentl 0 made him a Settlement 3ro@osal =hich included changing @ossession to 5att o* aneva@orative cooler 0 >ought and installed that makes this house much more liva>le in the summer =ithout costing A1 anhour in ac >ills. ere is an insight*ul article in that regard:htt@:JJmone.msn.comJsaving'moneJkee@'cool'=ithout'@rice'ac.as@Pgt1Q(($2Be are >oth attornes and 0 =ish to do m @art to avoid getting into court and looking like =e haven-t done the leg =orknecessar to @in do=n the areas o* contention and eliminate dou>t =ith regard to things that are easil esta>lished, such asthe =ritten notices 0 have sent 5att that have gone unres@onded to, *or things like, a >roken =indo=, >roken s@rinklersstem, *allen insulation, etc. ling *ront ste@s, etc. e @rovideddirections such as get t=o estimates and choose the chea@est one and deduct it *rom the rent... ell, re@airingcrum>ling ste@s is not su@er chea@. 5att seems to have *orgotten a>out these =ritten deals entirel. 6ets sa it cost AB$$to re@air ste@s, =ell, =here does that leave 5att-s estimate o* =hat 0 o=eP %he ste@s have >een re@aired. +s has thegar>age dis@osal and other items. %he =indo= is still >roken, 5att never res@onded to requests *or the cost o* noious=eed ordinance *ine avoiding landsca@ing the @revious season 0 =ouldl, *or no=, take the same A(#$ 0 agreed to thisseason, =hich is surel less than 5att @aid the cre= o* F men to service the neigh>oring house *or ! hours recentl; =ithGagged edges o* glass e@osed, and an entr=a =ith gri@ stri@s and =ooden @lanks that are in disre@air. 0 have a la=

    o**ice to run and cannot >oth @a rent and >e the @ro >ono handman *or the a>sentee landlord =hile he is o** travellingto +msterdam and 8angkok. 0 made a ver reasona>le o**er to 5att to *i it. 0 made an incredi>l reasona>le o**er to5att to have the seasonal noious =eed ordinance *ine avoiding =eeding taken care o* *or A(#$, =hich heenthusiasticall agreed to, then a landsca@ing cre= @rom@tl came and ri@@ed u@ a *au grass installation that had cost mea great deal o* time and mone to @ut in @lace, then re*used to @ut that @ersonal @ro@ert >ack on m rental @ro@ert at all,leaving it on the side=alk and in the street. &$$ square *eet o* *au grass actuall high densit =oolen green car@et thatis *ar more e@ensive than sim@le astrotur*; is not something ou =ant to Gust leave out in the street, and it is de*inatelsomethign ou don-t =ant to have to move and install t=ice, es@eciall =hile our landlord is a@@arentl so =ell o* that hecan agree to a a A(#$ rent deduction *or the eact same thing he later hires a landsca@ing cre= to do =hile he is in the3hilli@eans, again.Sincerel,Zach Coughlin

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 4/17

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    Gust got >ack *rom @hili@@ines. =ill get >ack =ith ou soon. matt''''')riginal 5essage'''''ack door

    ello 5att,

    e tried the ke *or the house in the >ack door again, and even used some gra@hite dust, >ut it still a@@ears to not >e theright ke *or the door. e could take care o* this in echange *or a ... discount o** one months rent.

    0 am attaching some @ictures o* =hat has >ecome, rather suddenl, quite a =eed @ro>lem. 0 did not kno= =hoseres@onsi>ilit such a thing is normall, landlord or tenants. 0 revie=ed the lease and don-t *eel it is conclusive either =a.+s *ar as @recedent there a@@ears to >e su@@ort either =a. o= a>out this, =e could handle the =eed @ro>lem *or a ...discount o** one month-s rentP

    6astl, =hen =e moved in, there =as a num>er o* insulation >atts that had *allen *rom the ceiling in the >asement, andrested on the dirt ground. Some *ell com@letel, some onl @artiall. %he @ortions touching the ground >ecame ver

    in*ested =ith mold, %he ground did not have a va@or >arrier, such as B mil @lastic sheeting. +>out ! o* the B 1JF>1#> "( >atts >ecame mold in*ested and =e don-t *eel com*orta>le having them remain in the >asement. %here alsoa@@ears to >e a mold issue on the ceilingJunderside o* the *loor>oard in the @art o* the house that seems to >e near the =alse@arating the *ront >edroom *rom the >athroom. Strangel, 0 =ould guess it is more under the >edroom than the>athroom. 3lease see the attached @hotos in these regards.

    htt@:JJ===.netag.comJr1"'insulationJ@roducts'html 7 each o* those >atts are a>out A.... ! AF$Q A(2$. e couldre@lace and install ne= r1" insulation i* ou like in echange *or A o** one month-s rent. +dditionall, =e could s@rasome anti'mold @roducts on the e**ected ceiling @arts *or A...

    )* course, =e are onl o**ering =as to address these matters.

    Sincerel,

    Zach Coughlin

    3S. the @hotos are attached and com@ressed into a .rar *ile. inrar or &Zi@ can >e do=nload *or *ree *rom do=nload.comto o@en the archive and vie= these high resolution @hotos.

    %o: ?achcoughlinOhotmail.comSu>Gect: Re: ke *or >ack doorDate:

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 5/17

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    Gect: ke *or >ack doorDate: 5on, 22 5ar 2$1$ $!:(2:1! '$&$$

    5elissa and Zach,0 do not have an etra kes. 0 =ould ask 5att he ma kno= =here the are. 0 am glad ou are settling in and enGoingour ne= diggs. EnGoT8est =ishes,Darlene Shar@e hot =ater heater @ilot light is out11J2(J1$%o magundaOaol.comutton one is to hold do=n during the @ilot lighting @rocedure does not immediatel @o@ >ack u@, then oneshould call a @ro*essional. %he instruction-s on the unit side actuall sa: 053)R%+N%: i* the @ilot @ilot =ill not stalit e a*ter several tries, turn the gas control kno> to )le to meet a technician at most times. 5el-s cell is 2$" "B" 12"$. 5ine is & ((! !11!.Sincerel,

    Zach Coughlin

    hot =ater heater @ilot light is out

    11J2(J1$

    %o magundaOaol.comack u@ the insulation that had *allen do=n at the time =e moved in. 0 sent

    ou @ictures a>out this some time ago. 0 >elieve s@raing =ith >leach or something ma >e good *or the mold [email protected] o* the insulation a@@eared to have mold gro=ing on it. 0 ke@t this insulation i @ut it sealed o** in a large @lastic Bmil >ag;, ho=ever, it =as laing on the dirt under the house. %he dirt lacked a va@or >arrier. %he @arts o* the insulationtouching the dirt a@@ears to >e =here the mold =as gro=ing. 0 sa= some insulation at the local a>itat *or umanitstore *or ver chea@, ho=ever, it is gone no= and insulation onl @o@s u@ there rarel, >ut 0 go there some=hat o*ten.)ther=ise, 0 >elieve ome De@ot charges a>out AF$ *or one ! *oot > 1# inch >att o* the @ink r1! insulation. 5 @rimarconcern is that a>out B'! eight *oot long >atts o* insulation *ell. 0 don-t =ant to cra=l around sta@ling them >ack u@ along=ith their mold and u@ into mold *loor>oards not sure the t=o are connected at all...>ut the *loor>oards under the *ront>edroom a@@ear to have some mold s@ots, 0 sent ou @hotos earlier; *or *ree. 0 have done a num>er o* *i it t@e thingsrelated to the house alread like there =as a cracked *loor>oard on the >ack @orch that @resented a hole one could tri@ on,

    - 20 -

    Tenant's Answer in opposition to Summary Evition !otion "or Santions

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 6/17

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    0 re@laced the >roken *loor>oard, a>out a 2 inch > 2 and a hal* *oot @iece o* =ood =ith ne= =ood, etc; >ecause 0 don-t=ant to >e a high maintenance tennant, >ut dealing =ith mold insulation is not something 0 =ant to do.

    Sincerel,Zach Coughlin

    magundaOaol.com%o ?achcoughlinOhotmail.com tomorro= evening @lease =rite me,.thanks, matt

    ello, theres a toilet issue2J1#J11%o magundaOaol.comecause there seems to >e an issue =ith the toilet. 0 am @asting some research 0did >elo= *or our consideration. %here is a strong urine smell near the toilet , even =ith a *resh tank. 0t seem that a >ito* =ater is consistentl @ooling >ehind the toilet, and that it has a =atered do=n urine color and smell to it. %he toiletitsel* gets dirt *airl easil, on the outside, and it seems urine s@lashing >uilds u@ there. 0 can address the s@lashing >onl urinating =hen sitting do=n, 0 su@@ose, ho=ever, 0 am *airl certain there is still an issue =ith leaking. %herea@@ears to >e a need to re@lace a =a ring at the >ase o* toilets ever cou@le ears or soP +lso, urine crstal de@osits can*orm and >uild u@ under the to@ ring inside the toilet. 0 can tr to clean that =ith a =rie >rush, >aking soda, etc., >ut 0 still*eel there =ill remain a @ro>lem =ith the leaking and or urineJ=ater @ooling >ehind the toilet. %his could >e ver >ad *orthe *loors in the >athroom i* =ater or urine is getting >et=een the toilet, *loors, and =alls.

    )ne other thing. %he inside glass on one o* the *ront =indo=s in the *ront >edroom develo@ed a crack that s@read *orover one *oot. %he =indo= is cracked all the =a through and 0 =ould imagine is not salvagea>le. %he are dual @aineor laer =indo=s 0 gather, and its Gust the inside laer o* glass that =ould seem to need re@lacing.

    %hank ou *or our attention to these issues.

    Sincerel,Zach Coughlinhtt@:JJask.meta*ilter.comJF#($&Jthe'=a'rings'o*'@lanet'toilethtt@:JJ===.thri*t*[email protected]*UindeQt*1$&"22F"htt@:JJ===.eho=.comJho=UB1#FFF1Uremove'urine'smell'>athroom.htm

    2J1BJ11

    %o ?achcoughlinOhotmail.com

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 7/17

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    %o magundaOaol.comring this u@, >eing it involves urine and all...0 don-t =ant to cause anunnecessar e@ense to ou. 0 am thinking ma>e 0 am =rongP 0 am doing a test =ith the toilet and @utting >aking soda>ehind it =ere it seems there is an esta>lished @attern o* a rust colored liquidJsludge @ooling slightl. 8e*ore, =hen 0had =i@ed u@ this sludge and smelled it, it seemed @lain to me to have the strong odor o* urine...so 0 assumed the toilet=as leaking someho=. %oda, 0 cleaned the toilet as much as @ossi>le and s@rinkled a li>eral amount o* >aking soda>ehind the toilet. 0 *igured >aking soda is good *or smells, >ut also, this might hel@ determine i* the toilet is leaking, or i*the liquid @ooling >ehind the toilet is reall Gust =ater *rom the sho=er esca@ing =hen =e take a sho=er. So *ar, the>aking soda is still dr looking, so...this is causing me dou>t a>out =hether leaking is occurring. 0 guess its @ossi>le thatthere is no leaking and the =ater comes *orm the sho=er s@lashing, that hits the toilet, and an errant urine on the sides o*the toilet is taken to the *loor > the =ater s@lashing *rom the sho=er....%his could >uild u@ over a cou@le =eeks and @oolnear the >ack o* the toilet. 0 have noticed that the outer sides o* the toilet get dirt @rett quickl a*ter the are cleaned,and that a su>stance that ma =ell >e urine a@@ears on the outer sides o* the toilet, slightl. 3erha@s this toilet causesecess urine s@lashing even =hen one aims urine directl into the center o* the toiletP 5a>e, i* its a =ater saving toiletor something and someone is taller and urinating *orm a higher @osition, a larger amount o* s@lashing occurs, then this,com>ined =ith the @roimit o* the toilet to the sho=er, results in a @ooling o* urine tinged =ater on the *loorP Sorr this

    is so gross sounding. 0 =ill tr to assess =hether an =ater @ools =hen no sho=ers have >een taken *or, sa 1!'2Fhours...0-ll kee@ ou in*ormed.

    Sometimes =e make slight attem@ts to >e environmentall conscience and do not *lush the toilet i* there is onl a smallamount o* urine. %hat made me think that ma>e a slo= leak =ould smell like urine i* urine =as le*t in the toilet *or anetended @eriod...

    V Re: ello, theres a toilet issue(J1FJ11

    %o ?achcoughlinOhotmail.com

    e out o* countr until end o* march. i* there is a maintenance issue @lease get 2 estimates, choose the mostreasona>le and take it o** the net rental check. i =ill >e availa>le > email. thanks, matt Noious =eed ordinance

    %o magundaOaol.comids is su**icient or i* and =hen a cre= =ill come take care o* our ard.Sincerel,Zach Coughlin

    - 22 -

    Tenant's Answer in opposition to Summary Evition !otion "or Santions

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 8/17

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    cell & ((! !11! or email =orks

    Re: Noious =eed ordinance#J21J11%o ?achcoughlinOhotmail.com Darlene Shar@e-s cre= o* landsca@ers#J2FJ11Zach Coughlin%o magundaOaol.comout =hat ma >e a dis@ute that has arisen regarding the ard and =ork done at 121 River

    Rock St. 4our email >elo= indicated to me our a@@roval o* m making arrangements o* m choosing to have the =eedstaken care o* this ear *or A(#$. %hose arrangements =ere made and are not re*unda>le. 4esterda the same landsca@ingcre= that =eeded >oth the *ront and >ack o* the neigh>oring @ink house arrived ver earl at m residence and madequite a mess o* m @ersonal @ro@ert. 0 in*ormed them that 0 dou>ted anone =ith the requisite authorit had a@@rovedtheir =orking on the ard in light o* the agreement ou and 0 recentl came to.

    %he re*used to return the @ersonal @ro@ert in the ard to its @revious state, in *act, the le*t some o* the @ersonal@ro@ert the had taken *rom the ard out in the street in *ront o* the house. 0 in*ormed them that this ma >e some=hatcriminal >ut the still re*used to @ut m @ro@ert >ack. %he indicated the had a@@roval *rom Darlene to =ork on mresidence. Darlene indicated that she had received a@@roval ecause someone *rom m residence had, last =eek =hile the @ink house =as >eing =orked on, inquired=hether the la>orers =ould >e =orking on 121 river rock as =ell.

    Darlene indicated that she considered this to >e tantamount to an order *or services on 121 River Rock. 0 mentioned toher that it sounded much more like a question rather than an order *or services. She said =ell, =hatever, =hats thedi**erence >et=een are ou gus going to >e =orking on this @ro@ert and =ill ou gus @er*orm =ork on this @ro@ert.%hat sort o* nonchalance is *ine, 0 su@@ose, i* Darlene is oka =ith @aing *or *ee o* an cre=s that @er*ormed =ork that=as not a@@roved > anone =ith the requisite authorit.

    %o >e sure, 0 then inquired =ith Ronaldo ma>e RolandoP; i* 0 or anone *rom m residence had order an services *romhe or his cre= or other=ise requested *or his cre= to =ork on the ard at m residence. e indicated that 0 had not, andthat even i* 0 had, he =ould not take a request *rom me as a order *or service on the @ro@ert given that 0 am not the@ro@ert o=ner, or @ro@ert manager. 5a>e ou a@@roved >oth the A(#$ deal =ith me *or =eed care on m residenceas =ell as the some, 0 imagine over A##$ *or Darlene-s cre= to do the same thing. %hat =ould seem ver odd to me, >ut 0su@@ose its @ossi>le. 0* not, is seems to me that a dis@ute =ill arise and m suggestion at this @oint =ould >e to re*rain*rom @aing Darlene or Darlene-s cre= *or the ard services at 121 River Rock as the A(#$ o** the net month-s rent at

    121 River Rock is a done deal.

    Darlene-s cre=. 0t took me a *air amount o* time and mone A...;to return m residence to =here it =as @rior to Darlene-s cre= taking m @ersonal @ro@ert and @lacing it in the street andre@eatedl re*using to @ut it >ack in its entiret. hat the did @ut >ack =as @laced in a manner that =as in no =asimilar to the care*ul manner in =hich m @ersonal @ro@ert =as originall @laced. %he cre= e@ressed re*usal to com@l=ith m requests, directions, and attem@ts to hel@ them in returning m @ersonal @ro@ert as it =as, indicating that doingso +S N)% 0NC6/DED 0N %E0R 80D

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-2614 9/17

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    %his is trou>ling to me as the cre= a>solutel sa= m residence and the manner in =hich m @ersonal @ro@ert =asdis@laed in the ard @rior to making an >id *or services on 121 River Rock. 0n *act, 0 discussed =ith Darlene-s cre= last=eek =hether the had made an estimate or >id *or services on 121 River Rock the indicated that the had et to havesomeone @er*orm an estimate or make a >id and that it =ould take a cou@le =eeks to even get an estimate done;. Soclearl, an estimate or >id later done =ould have >een done 0% e allo=ed to remove m @ersonal@ro@ert *rom the ard, @lace it out in the street, and re*use to return it or do the necessar la>or to return m @ersonal@ro@ert to an=here near the state is =as originall in. Darelene-s cre= C+NN)% sa the didn-t kno= a>out this =henmaking their >id.

    Either the Gust assumed the could do as the @lease =ith m @ersonal @ro@ert or Darlene told them the could.Darlene-s statements in this regard =ere inconsistent and unconvincing, and overl casual, es@eciall considering it costme A... to return m @ersonal @ro@ert to its original state. 0 intend to @ursue com@ensation *or m time and damages tom @ersonal @ro@ert. +t this @oint it is not entirel clear =hom should @a, >ut its seems clear the correct @art =ill >eeither Darlene, Darlene-s cre=, or ou as the o=ner o* the real @ro@ert.

    0n that regard, 0 *elt it @rudent to >ring this to our attention and suggest ou re*rain *rom @aing Darlene or Darlene-scre= *or an services rendered at 121 River Rock, es@eciall in light o* the A(#$ agreement and the A... o* @ro@ertdamage done > Darlene-s cre=. Should it >e necessar 0 gathered a multitude o* evidence to su@@ort the *acts set *ortha>ove. +dditionall, Darlene-s cre= did not =ork on the >ack ard o* m residence and had originall @acked u@ and

    started to leave =ithout s@raing =eed control. 6astl, this same cre= cause a great annoance last =eek =hen it s@ent anhour and a hal* >anging on an aluminum truck cam@er shell ($ *eet *rom m residence =ith large metal mallets, inaddition to dro@@ing a@@roimatel #$ @ound rocks on the cam@er shell, >reaking its glass, *lattening its structure, andama?ingl, @ersisting to tear the aluminum itsel* into one *oot square scra@s. %his =as etremel loud and anno,@articularl given the *act that at least some o* this dismantling seemed com@letel unnecessar. %o =it, =hile 0 guess 0could understand that the dum@ in 6ock=ood, Nevada =ould charge etra *or t=o truckloads or *or a truckloadcontaining a structure like a cam@er shell, >anging and ri@@ing the shell-s aluminum into one *oot square scra@s Gust seemstotall over>oard, es@eciall considering the amount o* laughing and horsing around the three men =orking on it =eredoing and the a@@arent *un the =ere having in causing such a commotion.Sincerel,

    Zach Coughlin

    5att 5erliss

    %o ?achcoughlinOhotmail.com, starsOso*tcom.net

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 10/17

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    0 took a videoJ@hoto o* it Gammed >ut am too tired to load it to m com@uter right no=. +lso, the *ront ste@s havecrum>ling cleaves, or holes in several @laces. 0 have @hotos o* those too. %he Gust kee@ crum>ling more and more. 0can have the crum>ling @laces @atched *or A..., other=ise, 0 =ould like it *ied as it is dangerous given one can tri@ on thestairs. 0 think it =ould >e =ise to make the re@air soon so more and more crum>ling does not cause *urther @ro>lems.

    %hanks,

    Zach Coughlin Re: gar>age dis@osal Gammed%o ?achcoughlinOhotmail.com the landsca@ing cre=.%he damage and la>or required to re@aie it =as at least A1,$$$. 5s. Shar@e admitted the cre=. 9ne= o* the eistence o*an issues related to lthe =eed @ullin.g @rior to su>mitting a >id, then the @ut m care*ull installed @ro@rt in the streetand re*used to @ut it >ack. 0 suggested to ou in =riting that ou not @a them till m damages =ere adressed. Same =ithshar@e, =ho =as @articularl >lase and negligent in m o@inion. ! =rote ou a>out the *allen insulation in the do=nstairsand the e@osed mold >oth in the *loor >oard and the insulation. 4ou never res@onded. 3lease do.

    rent

    !J11J11%o ?achcoughlinOhotmail.com, melissa.l.ulloaOgmail.com

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 11/17

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    Sent: sent the requisite statutor noti*ication @eriod and even then, onl in m@resence. 0 cannot overstate that enough. 4our records do not re*lect all that mine do. %here =ere a num>er o*deductions taken *or re@airs and =ork done. ut ou did. %hen those same =orkers came and damaged m @ro@ert and cost me mone. 0 @rovided ou,Darlene, and the =orkers the statutor noti*ication. 0 think ou =ill *ind that Nevada-s landlord tenant la= doescoordinate @ament o* rent =ith a *ailure to cure certain @ro>lems =ithin a 1F da @eriod =hen the landlord is in*ormed in=riting.0 do not =ish *or Darlene Shar@e to visit the @ro@ert as long as 0 am a tenant. +dditionall, @lease check our records o*our communications as there are other re@airs that ou a@@roved that =ere done the dis@osal, crum>ling concrete,@ro>lems =ith ste@s, etc...;. 0 still need ou to @rovide me =ith our address so 0 can com@are it to the one 0 have on *ile*or ou and have used *or mailings. 0 do not kno= =hat ou are re*erring to =hen ou mentioned insurance. hoseinsuranceP as there >een some @ament and to =hom =ith res@ect to insurance and the damage done to m @ro@ertand the time and la>our costs involved in @utting it >ack to the state in =hich it =as. 3lease revie= the lease, ver, vercare*ull, as it s@eaks to damages and our lia>ilit.Sincerel,Zach Coughlin

    %o magundaOaol.come 5elissa-s res@onsi>ilit. 3lease@rovide a co@ o* the alleged AB$$ rent check ou received *rom 5elissa on or a>out #JBJ11. 0 reali?e ou ma not *eelthat =a, and, technicall, ou ma have some valid arguments, ho=ever, 0 certainl gave 5elissa m entire share o* therent *or 5a. 0* it @roves true that she onl sent ou a @artial rent @ament, then 0 =ill need to revie= the relevant@recedent and consider m o@tions. 0 =as not a=are the @o=er =as in our name, ho=ever, 0 =ill @rotect m legal rightto have the @o=er @ut in m name in m residence. 0 cannot stress enough that no one, N) )NE, is to enter 121 River

    Rock St., Reno N !"#$1 =ithout m e@ress =ritten @rior a@@roval, and even then, onl in m @resence shall anoneever >e @ermitted to enter the d=elling =hile 0 am it-s tenant. 0 a@@reciate our consideration and e**orts to educate me=ith res@ect to the la=s o* landlord tenant. 0 have develo@ed some @hsical reactions to the mold issues that 0 alerted ouo* earlier and request that ou res@ond to m =ritten requests and inquiries in that regard.Sincerel,Zach Coughlin, Esq.+ttorne at 6a=121 River Rock St.Reno, N !"#$"&'((!'!11!6icensed in the State o* Nevada

    ilit. 3lease@rovide a co@ o* the alleged AB$$ rent check ou received *rom 5elissa on or a>out #JBJ11. 0 reali?e ou ma not *eel

    - 26 -

    Tenant's Answer in opposition to Summary Evition !otion "or Santions

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 12/17

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    that =a, and, technicall, ou ma have some valid arguments, ho=ever, 0 certainl gave 5elissa m entire share o* therent *or 5a. 0* it @roves true that she onl sent ou a @artial rent @ament, then 0 =ill need to revie= the relevant@recedent and consider m o@tions. 0 =as not a=are the @o=er =as in our name, ho=ever, 0 =ill @rotect m legal rightto have the @o=er @ut in m name in m residence. 0 cannot stress enough that no one, N) )NE, is to enter 121 RiverRock St., Reno N !"#$1 =ithout m e@ress =ritten @rior a@@roval, and even then, onl in m @resence shall anoneever >e @ermitted to enter the d=elling =hile 0 am it-s tenant. 0 a@@reciate our consideration and e**orts to educate me=ith res@ect to the la=s o* landlord tenant. 0 have develo@ed some @hsical reactions to the mold issues that 0 alerted ouo* earlier and request that ou res@ond to m =ritten requests and inquiries in that regard.Sincerel,Zach Coughlin, Esq.+ttorne at 6a=121 River Rock St.Reno, N !"#$"&'((!'!11!6icensed in the State o* Nevadailit. 3lease@rovide a co@ o* the alleged AB$$ rent check ou received *rom 5elissa on or a>out #JBJ11. 0 reali?e ou ma not *eelthat =a, and, technicall, ou ma have some valid arguments, ho=ever, 0 certainl gave 5elissa m entire share o* therent *or 5a. 0* it @roves true that she onl sent ou a @artial rent @ament, then 0 =ill need to revie= the relevant@recedent and consider m o@tions. 0 =as not a=are the @o=er =as in our name, ho=ever, 0 =ill @rotect m legal rightto have the @o=er @ut in m name in m residence. 0 cannot stress enough that no one, N) )NE, is to enter 121 RiverRock St., Reno N !"#$1 =ithout m e@ress =ritten @rior a@@roval, and even then, onl in m @resence shall anone

    ever >e @ermitted to enter the d=elling =hile 0 am it-s tenant. 0 a@@reciate our consideration and e**orts to educate me=ith res@ect to the la=s o* landlord tenant. 0 have develo@ed some @hsical reactions to the mold issues that 0 alerted ouo* earlier and request that ou res@ond to m =ritten requests and inquiries in that regard.Sincerel,Zach Coughlin, Esq.+ttorne at 6a=121 River Rock St.Reno, N !"#$"&'((!'!11!6icensed in the State o* Nevadai?arre. %o me darlene-s commentar egged them on andthe got >old. Something =as said a>out @ros@ective tenants not liking something and darlene not liking it....ho=ever,

    - 27 -

    Tenant's Answer in opposition to Summary Evition !otion "or Santions

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 13/17

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    darlene did admit that the kne= =hat =ould >e involved =hen the made their >id. %o me it seemed like some>od triedto cram some =ork through =hen the *ound out ou okaed a deduction deal =ith me. 4ou seemed reall ha@@ at theidea o* A(#$ *or the ard, i dou>t their cre= did the @ink houhse ard *or an=here near that. 6et me guess, darlene came>ack =ith, oh i alread a@@roved the cre= to do 121... @ro@ert managment isnt al=as something a realtor and thetenants =ill @iece together *or an o=ner on the chea@. 0t made no sense to me *or ou to hire them *or the same thing. )nto@ o* that the onl s@raed a*ter i @ointed out the >etter since the =ere getting @aid to. %he did nothing to the >ackard. Rich and i have not seen them return to do anmore =ork =ith the =eeds okr irrigation sstem. Neigh>or dougo**ered to testi* and said he kne= i =ould >e livid given =hat the did and =hat it cost me and the =ork it undid. )n the>right side, this and the neigh>oring houses have *ied u@ their ards and the >lock is looking >etter aside *rom theconstant tra**ic o* @eo@le su**ering *rom @overt and drug addiction. Re: status and rent!J1FJ11%o ?achcoughlinOhotmail.comling stairs, ino@era>le s@rinkler sstem re@airs ou a@@roved. / don-t =ant to >e a@@earing to dou>le di@the same rent @ament *rom >oth melissa and 0.

    %o ?achcoughlinOhotmail.comut it sas #dollars and ( dollars a da. so adding that u@ it equals:

    - 28 -

    Tenant's Answer in opposition to Summary Evition !otion "or Santions

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 14/17

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    august "$$Gul "$$Gune ##$nv energ &".&$late *ees # dollars @lus das ( ;Q 22#... @lus # 'Q 2($

    %)%+6Q 2B#".&$. there =as no other *ormal request *or lo=ering o* the rent *or an =ork ou allegedl did. there is no*airminded reason in the =orld =h ou =ould not have @aid our rent ?ach. considering the rent =as due months ago andou have not @aid ou are in violation o* the lease and ou =ill receive a # da notice Re: rent%o 5att 5erlisse sued *or retaliator eviction. 5elissa =rote ou a>out the AF#$ she o=es ou *or une, she is required to givenotice. /nless ou can @roduce an +@ril notice to vacate *rom 5elissa, she o=es hal* o* une. She co@ied me oneverthing >et=een ou gus, so nice tr.Re: status and rent%o 5att 5erliss

    out, to =hich ou never addressed, thelease s@eaks to our lia>ilit on these and similar claims. Settlement o**er, i start >ack on a regular rent @ament )cto>er1, 2$11 in settlement o* all claims i currentl hold *or the various torts mold negligence, t=o di**erent landsca@ingcharges o* A(#$ each, ie last seasons and this seasons, totalling A&$$, the lease and noious =eed ordinances @laces this>urden u@on ou and i never received com@ensation *or last seasons des@ite re@eated =ritten notices, ou agreed to thisseasons, the A... in various re@airs recentl see emails, dis@osal, stairs, the @otentiall vast damages *or the @roe@rtdamage done > our landsca@ing cre= and realtor, thin skulled @lainti** lost =ages missing client o>ligations due toemergenc situation created > our cre=, etc.;, to A!$$ a month *or the net 1! months. the s=am@ cooler i recentlinstalled =hich easil cools the =hole house and much more e**icientl than ac in this arid climate a A1,$$$ value

    easil; =ill >ecome @art o* our real @ro@ert >ut remain availa>le *or m @ersonal use during entiret o* tenanc,@rovided tenanc continues *or at least " more months. 4ou =ould retain our claims against 5elissa *or her share o* therent in 5a and une. %his re@resents the easier amica>le resolution that =ill not involve ou travelling to Renoconstantl *or hearing a*ter hearing nor tring to rent the house in this, the most trou>led o* markets and economies,losing months o* rent til someone moves in, unr students are >ooked else=here alread. 0 am not thrilled =ith these termseither, >ut that is =here com@romise ha@@ens more readil.

    5att 5erliss

    %o ?achcoughlinOhotmail.come in to see the house to look it over . ou =ill >e contacted =ith the a@@roimate time. @lease lethim in. thanks.

    Editors note: the lease calls *or F! hours notice @rior to an entr > the landlord or his agents into the d=elling. +s suchthe a>ove notice is de*icient.

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 15/17

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    %he s@rinkler sstem isn-t =orking. 3lease have it re@aired . %his is stautor rent =ithhold notice. %rees are ding. 0@lanted A.... =orth o* nutrient ta>lets and it took 2 hours.

    eingcareless and suggesting m asking the cre= i* the =ere doing m ard too =as tantamount to an order o* services, =hichit is not. She should avoid the @ro@ert management game unless she =ants to get more detailed oriented. Regardless 0am motivated to @ut an end to me getting stuck =ith >ills that 0 shouldn-t >e stuck =ith.

    5att 5erliss

    %o ?achcoughlinOhotmail.com, starsOso*tcom.nete coming

    to look at our alleged mold issues. @lease get >ack to me and to darlene . her email is starsOso*tcom.net.

    Editors Note: again, insu**icient notice *or landlord entr.Zach Coughlin

    %o 5att 5erliss

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 16/17

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    com@letel lo=>all re@air >ids and ou >alk at them. 0 have =ritten a>out this =indo= at least ( times. %his is ourstaturot =ithhold rent notice again.

    le =a to get in touch =ith me *or the time >eing. 8est tok @rovide noticeJcorres@ondence viatraditional means.

    roken *ront >edroom =indo= =as attached in addition to a @hotogra@h o* theha?ard on the entr=a @orch > the @eeling Mgri@ stri@sH

    0 don-t kno= =h the =indo= Gsu cracked slo=l over time, it >ecame unsa*e so 0 removed it >ut there is some Gaggededges le*t. )>viousl 0 am quite hand, let-s make things a =in =in rather than @aing other @eo@le more.

  • 7/27/2019 10 25 11 0204 03628 1708 13 Pages of Emails Between Landlord and Tenant CV11-03628-2614179 (Appeal From

    http:///reader/full/10-25-11-0204-03628-1708-13-pages-of-emails-between-landlord-and-tenant-cv11-03628-261 17/17