SHOULD I STAY,
OR SHOULD I GO?
Thursday, July 26, 2007 At approximately 10:30 AM my tale of woe begins. It is a great burden to bear and it causes me to suffer great angst each day, each hour, each minute that passes. The only time that it allows me a respite is when I sleep. I am thankful that it has not yet begun to haunt my dreams, but I feel it has invaded my subconscious thought process, for I no longer sleep as soundly as I once did.
It was on this day, at the time noted, that I received a phone call from Dick Fiahlo. Dick is employed by by Radelow/Gittins Real Property Management Corporation as the Manager, Agent For Owner of India Street properties, who I rent my studio apartment from. During our short conversation Dick told me that he wanted to inspect my unit. Realizing that by law I must comply to his request, I responded by asking him at what time did he wish to do the inspection. He said that he would like to come within an hour and I told him that I would be waiting his arrival.
After hanging up the phone, I thought that Dick's request to make an inspection of my unit was somewhat odd for a couple of reasons. First, during the past five years that I have rented my current residence, there have been only two requests to inspect it; once when an insurance appraiser came, and another a few weeks before when a maintenance man came to install a smoke alarm.
Both of these inspections were preceded by a letter that I received in the mail from Radelow/Gittins stating the purpose of these inspections and I assume that the other residents of the India Street properties were likewise notified. During the first week of July when the smoke alarm was installed, I vaguely remember seeing Dick with the maintenance man on the property, but he did not accompany him to my door, nor did he ask to gain access to my domain, in order to have a look around.
Prior to this time I had felt that I had established a fairly high degree of rapport with Dick, as I was the first tenant that he had signed to a one year lease of a vacant unit at India Street over five years ago. Over than period of time, I have gotten three phone calls from him requesting that I remove some clutter from my front yard. To each of these requests I quickly complied and removed the offending clutter.
Before Dick arrived to make his inspection on July 26th, I wrote a check to India Street in the amount of $575.00 for the rent for August, which was due on the 1st. However, he declined to accept it, saying that he wasn't going back to his offices later in the day.
Upon Dick's arrival, I greeted him in a cordial manner and asked him to come into my somewhat cluttered domicile. He first asked about the natural gas wall heater that I never use and I told him that I had the gas supply line closed off and therefore the pilot light wasn't lit. As we continued into the kitchen area, he asked me about the stove and oven to which I told him that they were both in working order.
He then asked me if there was anything that needed repair and at that point I showed him where the bath tub had begun to settle, thus creating a small gap between the bottom of the tile and the top of the tub. I didn't say anything about the fact that it was in this condition at the time when I first rented the unit because I felt that it was minor and it had not worsened during the five years that I had been there. Dick said that he would have Richard (the on site maintenance man) come and repair it.
As we exited the bathroom, I pointed out the stackable washer and dryer which had been installed during the first week of my tenancy and told them that they had been used very little and that they were both in excellent condition. As we exited the utility hall and returned to the kitchen area, we were both startled to see the daytime manager of Shakespeare's Pub (who is also a tenant of India Street) inside my unit in the living room area.
I don't know the man's name but he had entered through the door which I had left opened, as it was a warm day outdoors. He never asked for permission to enter my place and I felt somewhat affronted by his boldness as it showed that he had little regard for invading my personal privacy. Not wanting to ruffle anyone's feathers, I ignored his intrusion, but I do remember the look of shock that was on Dick's face when he recognized who this intruder actually was.
Before I had a chance to say anything, Dick quickly averted any words of this rude man's indiscretion by telling him that they should talk outside. At this point Dick thanked me for allowing him to inspect and as he left I told him that I planned to lay some sod in my small front yard along with some lattice panels that I planned to attach to the wooden post and metal pipe fence.
We amicably said our good byes and at that time I felt that everything had gone well. Dick gave no indication as to what he intended on doing and as the date of the impending notice that I was to receive on Saturday, July 28, 2007, he had decided two days prior. The only thing that I thought was odd about his inspection was the fact that the daytime manger of Shakespeare's Pub knew that he was inspecting my unit, which meant that for some reason this fact had been communicated between them prior to Dick's arrival at my door.
Friday, July 27, 2007 Was a scorching hot day, so much so, that I slept that night with my door open in the hopes of catching a cooling breeze.
Saturday, July 28, 2007 I awoke late in the morning, unsuspecting that someone had paid a visit to my door while I slept. Whoever this person was, their identity remains a mystery, they had taped a notice to my front door which read:
30-DAY NOTICE TO TERMINATE TENANCY
TO: Robert James Payne and Does 1-10
All residents (tenants and subtenants) in possession
TAKE NOTICE that your tenancy of the hereinafter described premises is hereby terminated as of the date of expiration of this notice, and that you are hereby required to quit and surrender possession thereof to the undersigned or to Radelow/Gittins Real Property Management Corporation, who is authorized to receive the same, on or before the aforementioned date after the service of the NOTICE upon you.
The premises of which you are required to surrender possession are situated in the City of San Diego. County of San Diego, State of California, designated by number and street as 1702½ Winder Street, 92103.
This is intended as a thirty (30) day legal notice for the purpose of terminating your tenancy aforesaid in accordance with the
California Civil Code Section 1946.
Dated this 24 day of July, 2007
Radelow Gittins RPMC
Dick Fiahlo, Manager
Agent For Owner
[Dick' signature and date 7/24/07]
CALIFORNIA CODES CIVIL CODE SECTION 1946
1946. A hiring of real property, for a term not specified by the
parties, is deemed to be renewed as stated in Section 1945, at the
end of the term implied by law unless one of the parties gives
written notice to the other of his intention to terminate the same,
at least as long before the expiration thereof as the term of the
hiring itself, not exceeding 30 days; provided, however, that as to
tenancies from month to month either of the parties may terminate the
same by giving at least 30 days' written notice thereof at any time
and the rent shall be due and payable to and including the date of
termination. It shall be competent for the parties to provide by an
agreement at the time such tenancy is created that a notice of the
intention to terminate the same may be given at any time not less
than seven days before the expiration of the term thereof. The
notice herein required shall be given in the manner prescribed in
Section 1162 of the Code of Civil Procedure or by sending a copy by
certified or registered mail addressed to the other party. In
addition, the lessee may give such notice by sending a copy by
certified or registered mail addressed to the agent of the lessor to
whom the lessee has paid the rent for the month prior to the date of
such notice or by delivering a copy to the agent personally.
CALIFORNIA CODES CODE OF CIVIL PROCEDURE SECTION 1162
1162. The notices required by Sections 1161 and 1161a may be
served, either:
1. By delivering a copy to the tenant personally; or,
2. If he or she is absent from his or her place of residence, and
from his or her usual place of business, by leaving a copy with some
person of suitable age and discretion at either place, and sending a
copy through the mail addressed to the tenant at his or her place of
residence; or,
3. If such place of residence and business can not be ascertained,
or a person of suitable age or discretion there can not be found,
then by affixing a copy in a conspicuous place on the property, and
also delivering a copy to a person there residing, if such person can
be found; and also sending a copy through the mail addressed to the
tenant at the place where the property is situated. Service upon a
subtenant may be made in the same manner.
To be continued . . .
