Damage

Vermin damage in garage exceeds damage photographed. 2004 Honda Accord pictured is a “total loss” according to Progressive Insurance.

• Wachovia Dealer Services payoff as of 8/5/10: $9692.11
• progressive0048.pdf

Not pictured / previously disposed of items that were damaged by rats:

• Kenmore 3.2 cu. ft. Super Capacity Plus Washer (approx 1998) (model no longer available) $150
  • Washer was recycled by A.E.M.C. Appliances in late 2009 (916) 395-3268
• 2 pair size 9 women shoes (approx. $20 ea.) $40
• 1 pair size 9 women hiking boots (similar item here) $51
• 1 pair size 9 women formal boots (Approx $35)
• 1 pair size 9 women suede boots w/ fur (similar item here) $62
• 1 pair size 9 women snow boots (similar item here) $100

Items pictured above and their closest replacements (when available):

• Dolfino mask & snorkel $27
• Leather briefcase, triple gusset, double dowel $100
• King Water bed mattress, full motion $45
• 50′ Extension Cord $53
• 6x beanie babies & plush $30
• 6′ Folding Table $102
• Coleman QuickBed King Air Bed with Wrap ‘N’ Roll $52
• 4-person Dome Tent $179 (x2 tents)
• 4-person Ozark Trail Dome Tent (comparable) $33
• Official US Navy Duffel Bag (unavailable new) $120
• Folding Camping Chair $58 (x2 chairs) $116
• 12′ Canopy Top $39
• Mano Slick body board unavailable $58
• Therm-a-Rest Trail Lite Stuff Sack $13
• Propane 16oz twin pack $8
• 25lb B-Mix clay w/ grog (IMCO) $25
• Razor Scooter $40
• Kawasaki Quad-runner Power Wheels $162 (green model not available)
• Sears wet/dry shop vacuum $70
• Rubbermaid Roughneck 31 gal tote $18 (x3 totes) $54
• Fog juice $10
• Fog juice $19
• Glow skull decorations $25 (x2 skulls) $50
• Bag of spider webs – $5
• Styrofoam skull $2
• Rubber Mummy mask $35 (no longer available)
• Adams Family musical light-up foam jack-o-lantern $30 (no longer available)
• Foam Tombstone $9
• Glow rubber spider w/ suction cup $3
• Center console $80

Total amount of damage / replacement (not including vehicle): $2,186.00

07/29/2010, 1910: Orkin Pest Control arrived. After spending 10-15 minutes trying to reach Carlin for payment, the tech performed the service around the house. The tech said that the rats do have access to the attic through the holes next to the gas lines. Further, that it is unlikely they are nesting in the attic during the hot season. He said that there was also a small gap in the garage door when shut; postulating that was their entry point. He sprayed around the house for spiders and ants, then placed 4 snap traps in the garage. We did inform the tech that we had been already using traps and poison. Plus, that the traps were similar in size to the ones that he just placed, and were showing no results for months. He left it as-is and stated that was the service ordered.

We are served with a 3-day Pay or Quit this evening as well.

08/06/10 1727: On the Landlord / Tenant issue, we have been given the info for Carlin’s insurance company, but the last two Saturdays that he said he was coming out to fix various things, he flaked and basically ruined the weekends for us. We would not have been hanging around the house had we not scheduled with him.

One of our bathroom sink faucets runs all the time, so I had to turn it off by the valves below. The flush handle in the front bathroom toilet has corroded so that it no longer holds the chain. Since we never get any maintenance here, we went to Lowe’s today for the replacement part on our own.

The back sliding glass door is still too hard for the kids to open. In an emergency, it would be easier to throw a chair through it. That is a fire hazard that the landlord has known about for months.

There is a part on the dishwasher that keeps the door from falling too fast. We assume that it has corroded (rusted) away because the door can free-fall now (a safety issue). The door can also come off its hinges, so we think that the hinges are corroded as well.

The garage door cable guide is still broken 5 months later.Gerardo (co-landlord) came out 5 months ago and re-spooled it because it had sprung and allowed the garage door to slam shut. There were several months that we couldn’t get the car out of the garage.

The back fence is weathered and rotting; about to fall down, and the landlord’s answer was to brace it with a 2×4 from the neighbor’s yard. If one wished to gain access to our home, the back fence poses no deterrent whatsoever.

We need these items fixed and not be ignored for another 6 months to a year, as was the trend. We pay more in rent for this three bedroom than many other four bedroom homes in the area. We should get adequate maintenance based on that alone. This should not get to the point where there is a habitability issue.

08/11/10, 1630: We received a summons from the landlord last night. Apparently, he thinks that he can bully us around even though there is a habitability issue. We will continue to withhold rent until he does something about this issue. Even if it means that he pay for alternate residence.

We are now paying for a storage unit ($42.00 per month from 08/03/10) so that our belongings won’t continue to be chewed by rats. This is an additional expense that we would not have incurred if our garage were not a rat haven.

Neither Landlords (Carlin nor Gerardo) have made any efforts to schedule a weekday to make any of the requested repairs.

I have been checking almost daily, the snap style rat traps that Orkin laid when they were here for service. There are no dead rats yet. This is no surprise though, since I had 6-8 snap style traps set in the garage for about a year. I still can’t believe that all Carlin authorized Orkin to do was snap traps. He knew that snap, glue and consumer level poisons were having very little effect for the past year. It would seem that this minimal effort on Carlin’s part is just so he can appease the court; to try to appear that he is working with us. I don’t think that the court is as gullible as he thinks they are.

08/11/10, 1656: Toni had been trying to reach Carlin’s insurance company (State Farm) and just had success a few minutes ago.

State Farm Agent: Jose Pano
Phone: (800)261-2889 x3795041
Fax: (800)529-8467
Claim No: 05-M483-485
The URL for this page was provided.

Progressive Insurance Agent: Brandon Jenkins
Phone: (415)330-6035
Fax: (415)467-4242
Claim No: 102426197

Other POC’s

Wachovia Agent: Dana (800)752-8533 x66532

08/13/10 1230: Progressive Agent Jason arrived and had Toni sign some DMV and seller documents for the affected Honda above. He also took photos of her original contract for the auto financing on the Honda.

08/16/10 1445: A woman knocked on the door saying that she was sent by Carlin to appraise the house for refinance. We have no notice of this appointment nor authenticity thereof, so she left saying that she will reschedule.