We Have IMPACT !!!!!!
- PROJECT PROMONTORY -
Shock & AWE REALITY
WHAT EXACTLY IS
A "SAFE" TRACE AMOUNT ?
How safe are the exposed open walls for our LONG TERM health concerns & what are the risks from exposure to the unknown toxins?
When fibers, spores or particles are released into the air and breathed in, they may get trapped in the lungs and remain there for a long time. Over time, these fibers can accumulate and cause scarring and inflammation, which can affect breathing and lead to serious health problems.
The only way to truly prevent exposure is to vacate during remediation or provide complete containment.
(reference: National Cancer Institute)
THE FACTS:
Mold = Asthma & respiratory infections, Bronchitis, chronic sinus issues, skin rashes and certain diseases known as; Aspergillosis and hypersensitivity to Pheumonitis. (reference: CBC; Center of Disease Protection)
Asbestos = Lung Cancer, Mesothelioma, Gastrointestinal Cancer, Colorectal Cancer, scarring in lungs & breathing issues. Asbestos is classified as a known human CARCINOGEN by the US Dept. of Health and Human Services and can cause death. Studies also link this toxin to other illness such as; throat, kidney, esophagus and gallbladder however, evidence is still inconclusive. (reference: National Cancer Institute)
LEAD = Adverse affects to nervous system, kidney function, immune system, reproductive and development systems, cardiovascular and high blood pressure. High levels can cause seizures, coma including, death. Lead-based paint and Lead-contaminated dust in older buildings are the most common sources of lead poisoning and can be absorbed through air, water and soil. (reference: Mayo clinic, CDC, EPA)
Independent testing will be required in order to gauge and determine the level of exposure. It is true; owners have the right to conduct major construction on their properties however, they have to provide 60 day notice and appropriate accommodation to tenants. Furthermore, if a residence becomes "UNINHABITABLE" and can no longer be lived in due to health, safety, noise, etc. while undergoing repairs, tenants can legally move out without providing notice or worry of penalty. (reference: CA Tenant Law, civil code: 1942)
APPROPRIATE ACCOMMODATION ?
- LEASE BREAK: Option to move out without penalty
- UNINHABITABLE CONDITIONS: offer tenants alternative living accommodations while the landlord renovates or remediates to prevent exposure to unknown toxins
- ACCOMMODATION: rent allowance / reduction to supplement inconvenience & imposition, noise and impact to quality of life (reference: CA Tenant Law, civil code: 1942)
It's "MOVING" DAY, EVERYDAY...
Unfortunately, not an unusual sight these days. Be sure to use caution as you try maneuvering around construction vehicles, delivery trucks and now, moving vans. Perhaps a Crossing Guard would help resolve the parking situation because it has become blatantly worse.
Some of the designated parking on South East side for construction use
Fact or Fiction...
"YOUR" PICTURES CANNOT TELL A LIE...
According to Property Management and Project Managers, contractors are not allowed to block cars, garages or driveways. However, this contractor's vehicle was parked in a designated "guest" parking spot on the East side for most of the morning. Prior to this report, another resident had her parking spot blocked for 40 minutes until the vehicle's owner was located in order to move it.
$500 BACK IN "YOUR" POCKET?
At what cost?
Views from the East Side and will be on West Side soon
Views from the East Side and will be on West Side soon
$$$$$ DO THE MATH $$$$$
Calculate your last rent increase and be sure to add in the next rent increase...deduct the insignificant - $500 rent allowance for all of the "inconvenience" & determine if that works for you?
A NEW KIND OF HOUSE GUEST...
Upon demolition of the exterior stucco, it has become evident that there was definitely more to be informed about prior to construction. Residents should have been educated on things such as; health risk, decible level of noise, vibrations, dust, rodents, termites, dry rot, and other unmentionables.
Now that the buildings have been ripped open, shocking revelations living within the dry rot and mold infested interior walls, have emerged.
The photo submitted above, was taken from the Northeast side. As the resident explained in the meeting, this is where a family of mice scrambled for shelter and found the first available apartment...which was theirs.
The tenant moved out this weekend...human, not Mice.
NOTICE:
CHECK YOUR EXTERIOR PERIMETERS DAILY
 |
| OPEN GAP LEFT ON OUTSIDE PATIO |
Warning: Be sure to inspect your patios before allowing pets to roam...this photo was submitted by a resident that found her patio left with an OPEN gap after contractors left for the day. In the meantime, it took over a week for her patio to be secured and luckily, she did not lose her small dog. As far as working in our "best interest" and with regard to our safety and property, this isn't what this resident was expecting and she is moving out of Promontory next week.
"SAFETY" FIRST...
The chance someone may need emergency services may be rare...however, if necessary, let's hope the EMT's have good balance and can negotiate the gurney through these narrow openings
CONSTRUCTION LANDS
ON THE WEST SIDE
Resident's on the WEST side have had a real awakening now, as they too are in the middle of the construction. Crews erected scaffolding frames last week and immediately began jackhammering the building and continued all day long.
Two more residents are moving due to the extreme decible sound caused by the equipement.
West Side, near park
OTHER PRIORITIES:
DUE TO RECENT BREAK-IN'S, SECURITY MUST BE A PRIORITY!
HOW DO WE IDENTIFY
LEGITIMATE
CONTRACTORS ?
RESIDENT'S VALUE:
SECURITY
PRIVACY
SAFETY
 |
| Climb on up... |
"TO CATCH A THIEF" - Not just a movie anymore!
Due to recent burglaries and attempted break-in's, you would think there would be a great priority to secure scaffolding and prevent unwanted intruders from climbing into our homes. However, there is no need for the traditional "cat burglar" here, all they have to do is climb on up.
To date; miminimal security has been provided and even on duty, security officers have been observed sleeping in their cars at 6:00am. As one resident voiced, how is one security officer supposed to keep an eye on each section of the construction zone?
Being that the Irvine Company chose to intrude on the entire complex instead on tackling one section at a time, the scaffolding is up throughout most of the East and now being raised on the West side.
Being that the Irvine Company chose to intrude on the entire complex instead on tackling one section at a time, the scaffolding is up throughout most of the East and now being raised on the West side.
The open scaffolding also poses a danger to one young mother as she is worried about her kids playing on the all-too-tempting jungle gym.
Other Security complaints: Our pool area is known throughout the community as a free open place to hang out...there is no security or sufficient gates at the Palapa Bar & Fireplace area and both are often full of non-resident teenagers. What seems to be the bigger joke, the pool is easily accessible to anyone that can reach over and hit the bar. There have also been many other occasions such as the 4th of July bash when 50 kids showed up to claim the pool and clubhouse...not to fear, they brought their own sound system and rapped the day away until "residents", not Security, chased them away.
SHAKE, RUMBLE & DRILL... DRILL... DRILL
It's always nice to come home to a surprise...cracks and holes caused to the interior walls, as a direct result caused by the vibration of the equipment. The resident was not given a time frame of when the "interior" of her home would be repaired.
Interior Walls
Thank you Residents of Promontory Point...Our mission is to help address your concerns and we are working hard to make a difference!!
RESIDENT ACTION COMMITTEE UPDATES:
- Committee has met three times and another meeting is scheduled for: WED., OCT. 9 6:30pm UPSTAIRS, CLUBHOUSE
- Appropriate agencies and departments have been enlisted to work with members re; key issues
- Unconfirmed reports re; Air Conditioners & Air Purifiers might be available by request on a first come, first serve basis. It is unclear why management has not notified the community or made them available to everyone affected by dust, etc.
Coyote Warning...
please be aware of walking in the early morning hours, dusk and evenings.
*PLEASE CONTINUE POSTING YOUR COMMENTS AND CONTINUE THREAD ON THE ORIGINAL FIRST POST...THANK YOU
It is flat out reprehensible what is happening here at Promontory Point. The air we're breathing now we WILL have to pay for years down the road and by then it will be too late to punish the Irvine Company for the crimes they've committed against us. We have a baby who's been coughing and crying throughout the day and we are not in the place financially to break our lease otherwise we would. Regardless, breaking leases does not pose a threat to the Irvine Company. They will only make up the difference by raising the rent when they are finished. It's time we ban together as residents and bring forth a CLASS ACTION LAWSUIT against the Irvine company. Please begin reaching out to any connections you have in the field so that we can get our own professional inspections of the mold and contaminents in the air and begin building our cases, which will be a SLAM DUNK for any competent law firm. Any short walk will reveal in plain site the black mold underneath the stripped wood panels. The Irvine Company has become an empire by making money off the backs of the defenseless and its time we stand up for ourselves. The only way we can send a message is by bringing forward a CLASS ACTION LAWSUIT against the Irvine Company. 25% off rent is a most ridiculous offer. They should be offering four free months so that we can get our own cheap hotels and have a fighting chance to save ourselves from the asbestos, mold, lead paint, and dust we are everyday bringing into our bodies. WE MUST CONTINUE THIS FIGHT AND NOT REST UNTIL WE SEND THE MESSAGE THAT THE IRVINE COMPANY CAN NO LONGER TAKE ADVANTAGE OF PEOPLE WHO CANNOT DEFEND THEMSELVES.
ReplyDeleteSounds like a typical lawyer ad. Even posted it a bunch of times...
DeleteListen lady anonymous: All you ever do is complain!! The Irvine Company has given you every chance to break your lease & has lowered your rent. I got news for you, there is no case!! Get that through your thick skull.
DeleteAnd as far as the Irvine Company making money, that's called business. People in business are supposed to make money. Get with the program, lady.
To the person who wants to sue the IC, get a job or volunteer your time. Do something constructive.
DeleteIt is not only naive but, is very assuming that the posted comments are from a lady. It is also very assuming that the above posting concludes someone has too much time on their hands and needs a job? Although some people may fall on hard times, the majority of residents living here are working professionals, retired or living here as a 2nd or 3rd home.
DeleteHowever, your comments sound like you have no clue as to the stress this has created for those working from home, raising children, have pets or retired.
In reference to law suits, this blog we have been writing on documents what people have gone through and everything that has happened. Yes, the improvements are necessary but, they were been mis-managed by one of the biggest development companies in California. The term that was used in this resident discussion was called: CONSTRUCTIVE EVICTION and don't fool yourselves if they didn't know exactly what they were doing.
If the IC really cared about image or how they treated residents; they would have had air purifiers and air conditioners available and ready to pass out before construction and not two months after. They also would have had town hall meetings to educate and prepare residents before construction, not after. More over, if they really cared, they would have isolated a smaller section of units, moved residents to temporary housing so they could implement a more precise, direct means of construction work. Instead, they are spreading it out all over the place for 5 months at a time resulting in un-necessary stress.
Yes, the construction may have taken a little longer by handling it differently but, it would have had far less impact. More importantly, it would have served in the best interest residents and not the IC's bottom line. Therefore; CONSTRUCTIVE EVICTION.
The IC agenda is to renovate the entire property, inside and out. They want to re-create their image by providing an upscale interior and continue to raise rents. As you can see, people are moving out all the time and, most of our neighbors are gone.
We have heard of more than one person, struggling with emotional issues due to the trauma caused by construction. Some have broken down in tears and have had meltdowns due to construction related issues.
Since when is it anyones place to judge what triggers an emotional breakdown? Stress comes on in many ways and for most people, our homes are our sanctuary and serve as a safety zone which allow us to be a peace. When that is gone or has been disrupted with such extreme impact, it is more than justifiable to become overwhelmed, stressed and upset.
Due to recent experience and waking up to unannounced construction crews on our deck, we felt is a completely invaded in our private space. It doesn't matter what you are doing in your home and the fact is, it is your home and is an invasion of privacy.
Being that this project will be on-going for such a long time, it is naive to think this wasn't planned for any or reason except for promoting constructive eviction. The jackhammering and pounding that has been going on for hours and days at a time has taken a major toll on our nerves and can only imagine the stress level for animals.
It really doesn't matter if you are working at home, you have a right to PEACEFUL LIVING.
CONTINUED BELOW...
Just write a book on the topic. But don't write it here. Your complaining is getting very old.
DeleteWow, some people only know how to complain about everything, and have a ton of time to do it. We will be so much better off when people like this move out of this place...
DeleteRE: 10:53 & 1:07... If you don't respect how others are feeling than keep it to yourself and the majority do not agree.
DeleteThe efforts of the community blog and committee have been very productive and I am sure you both are happy with your rent reduction right?
For the record, some of the accomplishments we as residents enjoy due to those efforts include: increased rent reduction from $500 to 25% off, dust control, air conditioners, air purifiers and have made some progress on getting animal care reimbursement possible.
If you attended any of the meetings hosted by the Irvine Company, you would know these efforts were only recognized because of the communities comments and you should be grateful some people were brave enough to donate their time to help instead of complain.
There is nothing worse than people who complain and yet, offer NO solutions or help to create change! So, sit back and enjoy the rent reduction and benefits created by others.
In regards to the stress and disruption the above post pointed out, that is a valid claim and residents have a right to peaceful living. Recognizably, the IC has an army of attorneys to fight potential law suits however, they hate bad press and general practice is to "settle."
ReplyDeleteMore than one resident has settled out of court due to mold issues and were awarded damages. One case in particular is very sad and although monetary compensation was received, you never win when your health has been compromised for life.
The awarded judgements do not recover a person from a life changing medical diagnosis or, as in this case, reverse affects suffered from BRONCHIAL ASTHMA. The onset of this diagnosis was a directly related to MOLD and has changed the quality of life forever. Subsequent to being medicated for life, this person had to go on Steroids which took an extreme toll on over all mental well-being but, has suffered physical changes the body as wall.
This case gets even sadder because this Dog living here was diagnosed with LUNG CANCER after moving out. The Dog had 20% of its lung removed and passed away 2 years later from CANCER.
After construction began this September, we also know of another case that suffered affects related to construction and moved out immediately after signing a settlement with the IC. Per/agreement to their terms, they were not allowed to discuss any of the details.
We are not taking any of this lightly and appreciate all of you that are sharing your stories. So, as a couple of the hostile posters have suggested, just move! Well, we are. We will be moving as soon as we find a place and estimated moving cost will be over $2000. That number does not include the money we need for deposits, supplies or time it will take to make this transition. However, if we had proper notice of what the reality of this construction would be, we would have moved at the end of summer. Total cost to move 2 miles away will total apx. $9000 after paying all deposits and moving expenses. Btw: we are packing ourselves.
We are not activist of any sort and in fact, didn't even vote. We prefer to lead a private, quiet life and feel this project has been a complete invasion to our lives. Although this is supposed to be a place to voice our own views, it is disconcerting to read post which slam the thoughts of others. We all have a right to express what is happening, share experiences and not be attacked. So minority, don't hide behind the "anonymous" signature as the majority seem to agree on many issues and supersede any personal attacks put out there.
In our opinion, if the IC wasn't called out on how bad they have been handling this, they wouldn't have hosted fancy dinner meetings at the Island Hotel or continue to splurge for community events and parties. In all the years here, we never had so many parties and if all this construction is "status quo," why do they feel the need to indulge us? Drink the "kool-aid" as they say?
CONTINUED FROM ABOVE:
We say, get the job fast and keep the rent down!
Happy Thanksgiving and see you on the Christmas Party Cruise. Yes, hypocritical as it is, after all the inconvenience, we will indulge.
We will indulge and we will pay for all of these perks. In our rent.
DeleteOh man, serious hypochondria...
DeleteIt's not that bad, and if you move it will probably be to a place with more pollution and you'll still get cancer. You'll probably get cancer no matter what, from worrying so much! Good riddance.
Wow. Its comments like yours that have no value and are completely unnecessary. I appreciated the stories and if you are so closed minded as to the potential hazards & health risk, its a shame. The possibility of cancer, asthma and other issues are very serious and a reality. If you have ever had anyone close to you die from cancer or become ill, you would have a different tone.
DeleteEducate yourself and live in reality and we could all do without negative smears to comments. If you don't like it fine but no need to be rude.
Thank you for sharing and appreciate the depth. It is very scary living here and not know for sure what we are exposed to. I have also heard many horror stories related to mold issues and lost my Uncle to lung Cancer.
DeleteTO THOSE WALKING DOGS:
ReplyDeleteBe very careful walking your dogs. I noticed a "pool" of broken glass in the street, across from [estimated] 120 E Promontory. I asked for it to be swept up and it appears to be gone.
Still, no matter how much they sweep, you will find your pet tracking in all sorts of residue. While this is inconvenient, I would caution you that some pets will lick their paws......and you have no idea what they're licking.
While it's easier to spot this residue in the daytime, for those who walk their dogs after dark, you might want to treat them to a walk on Balboa Island instead. Much safer.
Regarding inferences by some who believe those whose posts are signed with "Anonymous" are contriving to hide behind a shield of anonymity, not true.
ReplyDeleteMany of us do not belong to social networks and do not care to register for same, finding it easier and safer to simply use the "Anonymous" option.
I like how employees keep chiming in pretending to be residents. Not sure why you're standing up for a company that pays you a fraction what you could be making with your qualifications somewhere else. Add to the low pay poor vacation time and subpar benefits along with unfair leasing goals in these conditions, and if I were you I'd take this opportunity to find a much happier life with an employer who treats you like you deserve to be treated along with a 401k.
ReplyDeleteNo true resident dealing with this right now would write anything positive. If you're bored at the office and want to know the truth, come on over to the east side and bring your gas masks, umbrellas, and full body suits. We want to make sure you're safe. For evidence bring your car over here and park it where the residents do. Within minutes you'll have a very thick coat covering your car and then you'll have a bit more of an idea why residents are walking around feeling dizzy with heaviness in their lungs.
Bravo!!!!! Spoken like a true resident! Hope this blog continues to show just how callus this company is!
DeleteEver hear of a facial mask? "Nurse, scalpel please."
DeleteBuy one and wear it. And stop your sniveling complaints!
I agree about the facial mask. All the workers wear facial masks all day. I don't know why the tenants don't just start wearing them. It works great to keep the toxins out of the lungs.
DeleteHahahaa! Every post that doesn't complain is FOR SURE written by someone who works for TIC! And the moon landing was fake too! Free OJ!!!
DeleteI've lived here for 5 years, it doesn't bother me that much, my car is a little dusty and when it's done I'll still live in the best place I've ever seen. A not to the original poster: Please move out.
Ok... Irvine Company charges a pet fee ($50 p/month) which is supposed to be for doggie bags and being that the IC has jacked up the rent so high for past 2 years and again this year, the least they could do is supply is particle mask to use. Makes sense, cost effective & why wouldn't they practice "safety first?"
DeleteQuestion? Do cat owners pay same monthly fee?
The cruise is a rouse to camouflage their true motivation. Which is, to renovate the property at the least amount of expense regardless of the current tenant living conditions and comfort.
ReplyDeleteWhatever, I'm looking forward to it.
DeleteHAPPY THANKSGIVING!!!
ReplyDeleteHELLO FELLOW NEIGHBORS,
ReplyDeleteHAPPY THANKSGIVING! NEW POST TO COME SOON...PLEASE EMAIL PHOTOS OR IDEAS TO:
projectpromontory@gmail.com
THANK YOU,
RESIDENTS OF PROMONTORY
THANK YOU FOR YOUR CONTINUED SUPPORT AND VAULED PARTICIPATION.
ReplyDeleteAS A REMINDER, THIS BLOG WAS INTENDED TO PROVIDE A FORUM IN ORDER TO HELP DISCUSS ISSUES AND SHARE INFORMATION... WE ASK YOU TO PLEASE REFRAIN FROM POSTING "MEAN SPIRITED" COMMENTS AND ABSTAIN FROM ADDING RUDE REMARKS.
WE HAVE HAD A SUCCESSFUL BLOG & HAVE MADE TREMENDOUS PROGRESS WITH THE IRVINE COMPANY DUE TO ALL OF OUR EFFORTS AS A COMMUNITY.
THE BLOG WILL CONTINUE TO GROW AS LONG AS IT REMAINS A PRODUCTIVE FORUM OF COMMUNICATION.
THANK YOU
REGARDING CONSTRUCTION SCHEDULE:
ReplyDeleteTHE COMMUNITY BLOG WILL NOT BE POSTING THE UPDATES TO THE SCHEDULE DUE TO LACK OF SUPPORT & COOPERATION FROM PROPERTY MANAGEMENT.
Based on your request, we contacted Property Management, Fred Geraghty, and asked that our resident email address be included in their database so we could receive direct updates.
Although Fred Geraghty has participated on the blog and used our forum to communicate, the RESIDENT EMAIL ADDRESS WAS REJECTED AND WILL NOT BE INCLUDED IN THE CONSTRUCTION DATABASE because he will NOT recognize it as a community email address for resident use...
Therefore, a direct link for updates will not be possible and despite our best efforts to help communicate information, we will not be able to provide this service. Please contact the office for updates.
Thank you,
RESIDENTS OF PROMONTORY
Definitely not a smart move on their part & typical for the IC... Obviously this is a functioning collaboration of the community.
Deletemy grandfather's 94 with chronic bronchitis i can't move him out (----------------------------deleted by administrator due to verbiage)
ReplyDeleteThey are Jack hammering the garages now, and not covering up the big gaps between the overhead doors and the door frames so all the plaster dust goes into the garages on cars and storage items, and is a real mess. Some one should tell them.
ReplyDeleteAgain Thanks for all your doing has really made a difference for us all.
HAPPY THANKSGIVING TO YOU !
The constant headaches, coughing, body aches are just the start of the health problems. Does any one know how to get the health authorities involved? I've never felt this sick in my life!
ReplyDeleteHello Fellow Residents,
ReplyDeleteI AM THE CREATOR OF THE BLOG AND READY TO TAKE LEGAL ACTION AGAINST IC. My name is H.R. and I live on the West side.
The purpose for this Blog was to inform the community about the current construction project issues and hope it has helped some of you. The Blog has successfully logged in over 8,500 hits and has been a place to share information, safety concerns and stay informed of the project.
I was just informed today; the Irvine co. will NOT HONOR THE RENT REDUCTION as previously promised. It’s time to take action and THE BIGGER THEY ARE, THE HARDER THEY FALL!
UPON CONSULTATION WITH AN ATTORNEY, I HAVE CONFIRMED THAT WE HAVE LEGAL RECOURSE AND WANT TO PURSUE FURTHER ACTION.
THERE HAS TO BE REPERCUSSIONS FOR THE NEGATIVE IMPACT THE CONSTRUCTION MESS HAS CAUSED...
FOR THOSE OF YOU INTERESTED IN PURSUING LEGAL ACTION IN REGARDS TO:
HEALTH ISSUES
PET ISSUES
LOSS OF INCOME
EMOTIONAL DISTRESS AND IMPACT TO QUALITY OF LIFE
PLEASE CONTACT DIRECTLY:
CELL (714)768-4763
EMAIL: hmehrvar@sbcglobal.net
THERE WILL BE COMPENSATION IN THE END. If you want to be a part of this legal injustice and fight fairness, the fees are very low due to the number of residents participating.
Hope to hear from you and schedule a meeting.
Thank you for your support and I am not settling any longer! The IC may be large but, as a community, we have POWER and with the help of the media, we have even more power. The IC has had NO REGARD for us and its time to take action.
Resident of Promontory,
H.R.
The IC has to honor the rent reduction, I have it in writing and they have accepted two of my reduced rent checks.
DeleteI live on the East side.
A lawsuit will cost more than it's worth.
DeleteLet's face it, the Irvine Co wants everyone out so that they can redo every apartment and be finished.
I don't know where you're getting that they will not honor the reduction. I think there's some misinterpretation. My understanding is that it's 25% off from 2-4 months dependent upon your building size. If you are located in a larger building you would receive 4 months of a 25% rental discount on your base rent. A smaller building might warrant only 2 months' reduction at 25%.
DeleteLook, I really hate all the noise and impact to my work, too. I do. And as soon as I find something I'm moving. But I really think retaining an attorney and filing a class action suit is premature, at the very least, since I doubt anyone can show proof of loss directly due to the construction.
Thank you & took lots of guts to step forward! I will be in attendance of any meetings & want to push back. I have lost income sue to noise, our place is a disaster & suffering breathing issues like never before. Living conditions are unacceptable -will contact on private email / phone
ReplyDeleteIn order to win a lawsuit, you have to show "loss", .....not everyone here has had a loss, monetary or otherwise.
ReplyDeleteWho even has time for a lawsuit? I just want to ask that i am tired of coming from traveling and taking 10 notices out of my door that some weird resident is walking around and placing god knows when. I already live in construction am well aware of what is going on and dont need to be reminded again by some ridiculous letter that says i live in a war zone. Please stop-thanks.
ReplyDeleteWe are out, thank goodness. I just have to share that on the day of the walk-through, the guy who was inspecting our apt. felt he needed to "note" paint damage, carpet cleaning and "janitorial." This despite the fact that the unit is going to be totally renovated and all the carpet, etc. replaced. And that we had only lived there for 4.5 months! (the construction was not disclosed to us when we signed the lease)
ReplyDeleteWell, I informed him that I had no intention of paying one penny for cleaning or anything else.
In the end, TIC did not charge us, but I don't know why they had to put on such a show. Attempted intimidation?
Anyway, I feel for all of you suffering through this. If you can, you should find another place. We are so much happier where we are---without the jet and PCH noise.
Good for you & just in time to start the new year in a new place! We are not far behind. Loved living here but, had not idea how much our lives would be changed by this... Complaining doesn't seem to get us anywhere that really counts & I don't care if it's a big building or small building, The rent discount should apply the second scaffolding is up in the building, every spec if dust is gone & patios put back together. Having our lives back to normal is not a big request. Best of luck
DeleteRE: LEGAL ACTION:
ReplyDeleteTENANTS HAVE MORE RIGHTS THAN YOU WOULD THINK AND DO NOT REQUIRE "HEALTH RELATED ISSUES" IN ORDER TO JUSTIFY ACTION.
ALTHOUGH, IF THE ELEMENTS THAT ARE BEING BREATHED IN ARE TESTED AND FOUND TO BE A TOXIC LEVELS, LEGAL RECOURSE IS ON THE TENANTS SIDE.
OTHER LEGAL RECOURSES INCLUDE:
- IMPLIED COVENANT OF QUIET ENJOYMENT
Breach of covenant can take many forms, including actual or
CONSTRUCTIVE EVICTION.
This site will try to make legal definition available & definition is available on-line.
Look, the IC has given you the option of moving out. That's really all they need to do.
DeleteA tenant is legally obligated to pay the agreed-upon rent for the duration of his lease. When the living conditions of the rented residence become uninhabitable for any number of legitimate reasons, however, and the landlord fails to resolve the problem, the tenant has the legal option of moving out of the residence by way of a “constructive eviction.”
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Implied Covenant of Quiet Enjoyment
As part of the terms and conditions of a lease, the tenant has the assurance that she may live in the residence without interference from the landlord or from anyone else. The landlord agrees not to enter the residence without the tenant’s permission or to otherwise obstruct her general enjoyment of the property.
Implied Warranty of Habitability
The landlord also warrants that the property will conform to all legal habitability rules and that he will perform all necessary maintenance and repairs in a reasonable amount of time. In California, the implied warranty of habitability became law as a direct result of the 1974 California Supreme Court decision Green v. Superior Court. That law ensures that landlords maintain their units in habitable conditions regardless of any contrary lease stipulations. California Civil Code Sections 1941 and 1942 further define landlords’ maintenance responsibilities. They include waterproofing roofs and outside walls; providing unbroken doors and windows; maintaining all plumbing, electricity and gas facilities; providing hot and cold water and adequate sewage-disposal systems; and many other requirements deemed necessary for safe habitability.
What Is Constructive Eviction?
When a landlord is in breach of the covenant of quiet enjoyment or the warranty of habitability, the tenant may vacate the premises without incurring additional financial obligations under the concept of a “constructive eviction.” This may occur when necessary and requested repairs remain undone, when the tenant is subjected to persistent landlord harassment, or any number of other unreasonable situations that the tenant is forced to endure.
Tenant’s Course of Action
As the first course of action, the tenant must inform the landlord of the objectionable conditions in writing and allow a reasonable amount of time for the corrective actions to be performed. If possible, photographs of repair problems should be taken or signed statements from knowledgeable individuals should be secured, in the event that the matter is adjudicated in court. If, after a reasonable amount of time, say 30 days, the landlord fails to correct the problems, the tenant should send a letter to the landlord advising him of her date of departure and of a demand for the return of her security deposit.
Thanks Irvine Company for participating on the blog once again.
DeleteActually that wasn't the IC that posted the 10:15 AM post. It was me, Zsa Zsa's mom.
DeleteWhat's fair is fair and I wanted to post the definitions since no one else had.
DukeGoose: The TIC has given you every opportunity to move out and continues to offer you that option. But you would rather complain and file a lawsuit. That's like murdering your spouse instead of just getting a divorce.
ReplyDeleteHow can anyone just pick up a move their lives? That's pretty short sided! It requires moving expenses, deposits, security deposit and, oh, can ya factor in the time?
DeleteThe letter received last summer did not begin to revel the level or depth of what people are being exposed to or living with. The Irvine Company failed the community by not providing responsible education or notice so we could plan to move without extra stress and financial burden.
Improvements are fine... Long overdue but, they should be offering to help relieve some of the hardship. Most especially considering the exposure to health & negative impact to our lives while they continue to build their impire without regard.
BRYNVILLE?
ICVILLE?
It's ridiculous to have such little regard for people that have lived here & love where they are living.
I respect my fellow neighbors and care about the community more than the people we pay our rent too.
Btw; don't bother replying to my comment as a complaining whiner, I am just someone sick of those casting judgment on the majority of us affected by the dust and overall detrimental affect of major construction.
CONSTRUCTIVE EVICTION: When the Landlord want to pursue a new plan of action for a property and the only means of conquering the bottom line, is to make it so miserable that tenants move out.
Happy Holidays.
I like your site for the construction project, very helpful.
ReplyDeleteI would like to see a post dedicated to the fact that the construction is now extending into February (month 5) for the far east building, but that management has made no announcement to allow a rent reduction extension.
Thanks,
East Side
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