I know now why I cannot live. I know now why I cannot find a place in this world for me; there *is* no place in this world for me.

I am 52 years old. Half or more of my teeth are missing. I have no job. I am in pain all the time. There is no one who loves me, no lover or husband.

No one takes me seriously. I can't see well, I can't hear well, I can't walk well, I can't remember well, and I no longer can think that fast. It is easy for someone to twist my words, because I am too slow to realize it.

I have been marginalized. If I curse at some kid, they just laugh. I am not taken seriously; I have no power.

I cry all the time, and there's nothing worse than an upset middle-aged woman crying and begging to please not cut down the trees that give her sustenance. It only gets you accused of guilt-tripping.

I will never own a home of my own. If I broke my arm tomorrow, I would probably have to go to a nursing home and lose my cats, because I can't function without my right arm. I fall down a lot.

I forget what it is like to have personal power. I forget what it is like to lead. I forget what it is like to feel like I matter.

This is why I cannot live. Because I have no life.

Part Two: The Rape

It's not that I never had laughter, or love, or power, or strength; it's just that they seem to have vanished, a little more slowly each year, until there is nothing left.

The truth is that I am a caricature of myself. I am a caricature of the Crazy Cat Lady. I am a caricature of all those crazy bag ladies you see talking to themselves. I talk to myself sometimes; of course I do.

In my head, I am young and free, powerful, talented, loved, sought-after, thought highly of, sometimes feared, decently attractive, and each new day is an adventure.

In "The World" I am none of those things. In the world I am a crone, chained to too many things, powerless, with wasted talent and no love, hardly sought-after, never feared, certainly not attractive, and each day just brings the slowly dawning awareness that it will *NOT* get better; that it will only get slowly and painfully worse.

People actually hate me. People accuse me of things that are not true. People misunderstand me. People dislike me. People ignore me. It is a rare few that, to any degree at all, love me.

Sometimes I wonder what happened. Sometimes I *KNOW* what happened.

It's not that hard to figure out. When was I that person in my head? When I was in college. When did I stop being that person in my head, I do not know. It swims in and out of consciousness. But the seeds of its death were planted with the rape, dark seeds that grew to nothing, much like my garden out back right now.

It happened a lifetime ago. Yet I do not forget. And I am damaged, cell by cell, daily by its horror.

He knocked on my door. He said his car had broken down and he needed to use the phone. Growing up in a small town in the 60s, it was considered common courtesy to allow them that phone call. He said it was busy, and asked if I minded if he rested a few minutes, and then began babbling about being drunk, and his mother was going to be pissed at him, and would I like some weed . . . .

And each moment I was becoming more and more aware that something was terribly wrong, or more accurately, that something was about to go terribly wrong.

I opened the front door ("it's stifling in here and I want some cool air," I said. It was about 15 degrees Fahrenheit). I started trying to draw him from the couch to the door, and thought I had just about made it when he fell against the door, closing it.

He acted as though he couldn't get up without my help, so I pulled his one hand with my one hand while I reached to open the door again.

Then it all becomes a blur in slow motion and panic. He blocked the door and began choking me, telling me that we were going to "make love" and that I would "like it."

I will never forget the look in his eyes. The hateful, evil fury on that face wanted to kill. Me.

I sat on the bed, caught my breath, and then started to cry. I babbled some incoherency about not understanding why he would do this time me, about believing in people and goodness in the world.

"SHUT UP!" he screamed.

I whimpered and lay there, on my $20 bed, naked and floating above myself. One moment it was "Come on, talk to me, I want to hear more of your beliefs." The next it was "SHUT UP!"

It went on endlessly. My ill-conceived idea of rape was of the five-minute stranger in the alley variety. I had no idea a rape could go on for hours.

I started panicking, realizing it would be dawn in awhile, and having the strange notion that if he was not out of there before dawn, I would be dead, I started trying to clear my mind. I decided to first go with everything he was saying (excessive agreement, if you will), show no fear or anger, just act like this was normal. I was hoping that the next time I had to go to the bathroom, he would let me go alone (before, he had accompanied me each time). Which did transpire, but I could see no way out of the teeny window a child could barely fit through.

Luck played Her hand finally, when he passed me in the hall and said "My turn, now". I gave it about two seconds for a pee stream to begin, and the next thing I knew, my legs had me propelled out the door, banging on the paranoid next-door-neighbor's door; she wouldn't answer it. He came outside and yelled "I'll leave! Just come back!"

There was no way I was getting within reach of him. I ran to a neighbor's across the street and pounded on the door. Luckily, they opened it. It wasn't until that brought me a robe to put around myself that I realized I was competely naked. The freezing cold outside didn't touch my unreal body.

He'd given me a false name but a real address. The police knew who he was. They promptly went down and arrested him, as I began the very, very long day ahead of me of hospitals and pharmacies, baths and women against rape supporters, a street confrontation with his sister, a blow-up about where to keep my cat, and a final drive home to mother's, where I couldn't sleep without Valium. She wouldn't look in my eyes or hug me.

I can't express what that experience did to me. I know it damaged me; I know I am permanently damaged because of it. I know that I probably never became what I might have been because of it. There followed medications and therapists and suicide attempts and moves, all in some slow-moving dream I had no control over. I had no control over anything. I could barely function for a year or more.

But we learn to get around the horror, we learn to get around the memories, we learn to get around the Thing We Cannot Speak Of. And we move on, and we move forward, and life goes on.

Or does it? Did mine ever move forward again? I wonder if it truly -- truly -- ever did.

I was raped six months before college graduation. The only reason I graduated was because I got myself mad enough to say "I am NOT going to let that little sonofabitch keep me from this!" And so I slogged my way through my last two quarters, and graduated, barely.

But in so many things in my life, I have held back. It is as though The Brass Ring is too out of reach, or the great leap is too far forward. I do small things, sure: I got to be a featured reader years ago at a poetry group at a local bar. I was actually paid an honorarium, in fact. But did I use that energy to move forward? No. I simply stopped and couldn't go any further for a long while. I was afraid. I was afraid that people would see me for what I am: talentless, a hack, lacking in ideas, pedantic. And worst of all, if I did something major THEY MIGHT NOTICE ME. And being noticed -- too much -- meant the risk of some dark man following me in a dark car some dark night, or some man hanging outside my door, or that man in the alley. I wanted desperately to be noticed, and I was terrified to be noticed. And I have never resolved this.

I did carry on, getting a job as a managing editor, which lasted until the publisher unceremoniously dumped me, then asked me out -- on the eve of his wedding. Next I was trolling for coins in fountains for cigarette money. One big UP; one big DOWN. Then I finally got a coveted job at University -- good pay, benefits, the works. Back UP again. Then they took away my job because I couldn't work part time, and they wanted someone fulltime. So they transferred me, I hated it, I got a job at a major research institution, and a horrible little woman I worked with told The Big Boss I was using the computer for my personal time (we *all* were, but she neglected that fact). I quit before they could fire me. DOWN the rabbit hole you go, Alice. And so on.

And relationships? I think of that Joni line "It always seems so righteous at the start/when there's some much pleasure/when there's so much spark/when there's so much sweetness in the dark/waiting for a car on the hill". Always UP. And always DOWN. Even most of my friendships. I lose them faster than I can make them, and carry very few old ones with me into whatever may come.

It's all so confused. I don't know how the rape screwed my life up so thoroughly; I just know it did. It would be easy to say PTSD (which yes, I have), but it doesn't explain the wrong turns, the wrong choices, the missed opportunities, the wrong people -- all of which have made my life the train wreck it is today.

I don't think there is anymore. I don't think there will be another love. I think there will be more health problems, and more pain, and more poverty, and more people screaming "Bitch!" at me (my lovely drunken abusive neighbor today; I have no idea what the reason was; he probably doesn't know). I can't take it. I can't take it. I have had all I can take. My head feels like it is going to explode. I look around, and no longer care about anything I have, except a couple of things. All I want to do is lay in bed and watch movies. I don't want to do anything else. I don't *care* about anything else (except my cats, and yes I do take care of them). I cared about my garden until the landlord today told me they were probably going to cut down a bunch of my mulberry trees, pull down the Virginia creeper, and that there was nothing growing in my garden.

He treated me as though I were an imbecile. One more kick. One more loss. My beautiful, magical porch and yard will be gone soon, and it will look like everybody else's place. He apologized to the lawn guys; but refused to apologize to *me*! I'm the one whose flowers they ran off, but the landlord said it looked like weeds to him too, and defended the lawn guys.

I snapped.

I know it is time to go. But there are some things I need to get in order first, and I am terribly worried about the cats. If I could get my friends on the cat group to agree to take and divide them up in case of emergency (e.g., my suicide), I could then change my will, give a key to J. and show her where the cat book is (on the pretext of my friend K's. cats being taken away by her husband as soon as she became hospitalized, and because I fall down a lot). Write J. a letter, mail it, take my pills and beer, die like I should have two years ago, and know that the cats would be okay.

I wish I could get this done in time for Solstice, but I don't think I can. And I am still not sure about the exact "how". Last time, had I not called J., the mixture of what I had would have done it. Problem is, I don't remember how much I had of what. I just know it was the right mixture, but I can't for the life of me (pun intended) recall. 30? Or 45? 10 beers? Or 12?

I will have to think more upon this and begin to put things into movement so that I will be ready soon.

This world was never right for me, and the rape made it impossible. It is time to fly away elsewhere.

]]> http://thedailydrama.wordpress.com/?p=72 Fri, 04 Jul 2008 14:59:46 +0000 petrona http://thedailydrama.wordpress.com/?p=72 Yep, Day Three of 40mgs Lexapro.  I've noticed a number of things:

• Weird sleeping patterns.  Like, sleeping until 3am, then staying awake until 7am.  Then needing a significant nap in the afternoon (like, four hours' worth).  My sleep has been broken for the last couple of years, but this is ridiculous.  And I'm still sleeping about 14 hours a day.
• A general feeling of amiable disinterest in life, together with...
• ....the continuing inability to actually get stuff done.  I'm hoping that this is a result of being tired.
• A bit of a twitchy feeling.  Not a tic or anything, just every so often I feel like I've twitched, even when I haven't actually moved.  Not sure if this is a mental thing or a mental/physical thing.
• Poor concentration.
• Poor recall.
• Diahorrhea (sorry!).
• A general feeling of being fuzzy and slightly 'off'.
• Poor motivation.
• A funny feeling in my stomach, kind of like apprehension.  If I concentrate and deliberately relax, it goes, but it comes back as soon as I think of other things.

However, I have noticed good things as well.  I'm not crying.  My gross motor skills have improved out of sight (when badly depressed, I bump into everything possible).  I'm able to see the funny side of things.  At this stage, I'm hoping the not so good stuff moderates, and I continue to keep feeling more normal (ie. non-depressed).

In other news, we signed up our new tenants tonight.  They move in tomorrow.  Coincidentally, after they left, we thought to try the new (second hand) washing machine.  Guess what isn't working?  Oh well, we'll sort something out.

With the average public house consuming more than 1000 beer mats a month and the major breweries reducing the number of beermats available to landlords, this is likely to be welcomed. UK beermat manufacturer Thirstys, has launched a programme allowing landlords or licensees to register for free beermats. Working hand in glove with companies seeking to promote their products, messages or brand, Thirstys will distribute free beer mats to participating landlords.

At 1:30 I grabbed mike and we headed home. Hilda came at two and it wasn’t until about 2:30 that Don Simeon, the landlord finally showed up. After traipsing half the muddy street in with his boots and kindly depositing it on my wet bedroom floor, he surmised what I’ve been insisting since day one; It’s coming through the #%@! wall. I showed him the trench alongside the house and he set to work clearing it so that the water can run out. I sure hope this works.

While Simeon was checking out the house, the city power died. Thus, we didn’t have an opportunity to troubleshoot the “bomba” that pumps water to our faucets and toilet. According to Mike, one morning after I had left for work it died for good (not the stutter-start thing it seems to like doing every so often). It wouldn’t surprise me. It’s not designed to be unplugged all the time and then plugged back in each time someone needs to take a dump.

Not having any water to do dishes, Mike and I ventured out to get a meal. We happened into an interesting conversation with an Angelino native to Guatemala. He was in town for the seven year anniversary of the death of his mother. It had been a long time since he had returned.

Charging too little for rent?
Paying too much for rent?

Enter your rental info and find out!

RENT-O-METER

On another subject, we had a viewing tonight.  It went well, and if all goes to plan, I'll be getting in touch with our preferred tenants tomorrow to organise the lease-signing.  That will be a great relief.  Only one unpaid mortgage left!! (for the neverending reno project which our friend is helping us with.)

YouTube

Consider two landlords. Both need to find new renters. The first has a very desirable property in a great part of town, very close to transport and shops. The house has very nice woodwork details. Although the current tenant hasn't moved out yet, the landlord lists on craigslist. He gets a lot of calls and sets up several appointments throughout the week. While the charm of the house is clearly apparent, the clutter of the tenant's belongings detracts from the showings. Additionally, because there was so much interest, he raises the asking rent on the rental application $45 dollars higher than what was listed in the craigslist ad.  The rent was already on the high side for the square footage. The rental application has a page missing. He gets a few applications and then starts working on them, making several calls to get more information on the applicants, delaying the decision process.

A week later, landlord 2 lists his house. It is in also a good location but not as convenient and desirable. He lists it at an asking rent that is under market and has a showing of only one hour. The house is vacant and spotless. He clearly states in the ad that the applicants are to bring their own credit report and application. Many people show up during the showing. It is clearly a good deal and many turn in their application, even though the lease start date is in less than 2 weeks and not negotiable.  Landlord 2 makes a decision with 48 hours and has a tenant,  the same tenant that Landlord 1 finally decides on.   The tenant decides to go with Landlord 2 even though double rent is involved and wipes out any savings for six months.

Moral of the story,  if you want a tenant fast, list under market and have your act together.   Renting it quickly for less is usually better than 1 or 2 months of vacancy.  Ability to expedite the process helps too.

Demand for rental property still not balance supply in some areas, with the proportion of letting agents reporting this not balance at its highest in Greater London and the South East, followed by Prime Central London and the rest of the country.

Overall, the proportion of agents reporting more tenants than there are properties available to rent remains at a historically high level of 39%. However, average weighted rents for houses are down by 7% and for flats by 9%.

Head of Operations for survey said that they are seeing corrections in individual locations throughout the country and the main cause of these is the developments of new blocks of two-bedroomed flats coming on-stream.

In many places this has had a positive effect because it has allowed the rental market to provide stability in housing at a time of volatility in the sales market. It also removes the myth of soaring rent levels. As before in volatile times, the rental market is proving to be the white knight for housing as a whole.Average rents for a house range is £3,000-£931par month in London, but for flats, the rental difference is £2,000-£854 par month.

The average values of rented houses are £800,000 (have fallen by 2.4%) in Prime Central London, £336,900 (have fallen by 1%) in the rest of the South East and £223,500(have fallen by 5.1%) in the rest of the country. Rented flats in Prime Central London have an average price of £486,300(have fallen by 3%), compared to £213,000 (have fallen by 0.9%) in the South East and £149,400 (have fallen by 8.1%) in the rest of the UK.

So, for the faithful, some comparison pictures.  The kitchen, before:

and after:

 The old bathroom:

and after:

And finally, the living room before:

and after:

As you may have guessed, we're pretty proud of ourselves.  Two units down, one to go.  Let's just hope I don't end up in the loony bin by the end of it all.

Loaded Bow's real estate Specialist Monica Dhal

But today we are begining our ongoing talks with real estate goddess Monica Dahl! We love her style and immense focus. Monica has achieved great success in a market saturated with agents, but her talent and personality have brought her to where she is now and let me tell you, this lady loves life!

Some questions we posed to Monica as she debuts on Loaded Bow are:  How do we get a rental space, what are our goals when searching and how does a lady keep her overhead down while hunting for the perfect venue to host her idea turning it into a business dream!?!?

About Monica:  Monica Dahl is a successful realtor in White Rock, British Colombia. In her first full year in the business she made the coveted "Medallion Club" (Top 10% of all licensed Realtors in the Fraser Valley).

Monica has an extensive background in sales and marketing. She holds a Marketing diploma from BCIT in Marketing and Professional Sales, and a Business Commerce Degree from Royal Roads University in Entrepreneurial Management. Her valuable experience, formal training, advanced grip on technology combined with her enthusiasm and dedication provide her with the skills needed to work for you. Monica offers her clients professional service when it comes to marketing and promoting their homes or finding them the perfect new home.

As Helmut Dahl'sdaughter, Monica grew up with real estate in her blood. She enjoys every aspect of the real estate business and is excited to be working in White Rock/ South Surrey, where she grew up. She remains an active member of the community by volunteer coaching the grade 8 girl's basketball team at Semiahmoo Secondary.

Monica's true passion is working with people. She enjoys helping people in every aspect of real estate and goes above and beyond the call of duty to make the sale or purchase of their home a great experience. Monica's outgoing personality, strong work ethic, and attention to detail are the key to making your real estate dreams a reality.

Loaded Bow:  When a young lady wants to go into business for herself, how should she budget for how much of her total overhead she wants to spend on a rental space?

Monica Dhal:  This defiantly depends on the type of business you are planning on opening. You can anticipate spending the majority of your over head on a location.  You will spend more on a location that is receiving a lot of foot traffic and exposure.  For example, a store front location on a main street or in a mall will run higher than a second floor spot with no exposure to foot traffic. On the other hand if you are looking for an office space that does not need public traffic, it will be less rent.  You crunch the numbers to get your "break even profits per day number". 

Using simple, fictional numbers:  If you rent for $1000 per month and your costs per month (including paying yourself) are $2000, then for a 'break even' month will need $3000 of revenue, so you need to know you can generate $100 per day to afford a space that costs you $1000 per month.  If you don't feel confident that you can generate $100 per day to get $3000 for the month, then you need to cut some of your costs (often by not paying yourself) or finding a space that is cheaper to rent.  This is a great thing to go over with your accountant or a business mentor or financial-planner-friend (doesn't everyone have one of these?!;).

LB:  Should she look for the ideal space or to save some money, work with one she can renovate and make her own?

MD:  Location, Location, Location... It would be great to find a space that fits the business you are planning on opening, your personal style and is in a great location for the price that is reasonable for you. However, the reality is these opportunities are few and far between. Again, depending on your business you can expect to always change a few things of the space you choose whether it be as simple as paint and flooring or more extreme to electrical, plumbing, built-ins and construction. My recommendation is to choose location over any other factor... you can always work with what you have, but you can not change the area or street your space is on.

LB: Do any Landlords give a grace month if you come up short and cannot pay your rent?

MD:  Don't count on it... this is the landlords business. However, it depends on the landlord and the current market for commercial space. A landlord may end a tenancy if rent is unpaid; by giving notice to end the tenancy effective on a date that is not earlier than 10 days after the date the tenant receives the notice. The tenant then has 5 days to pay the rent or must vacate. It is smart to create a close relationship with your landlord and to pay your rent on time!

LB:  Is rent a write-off for an entrepreneur?

MD:  95% of the time rent is a write-off depending on your business. You should always discuss this with your accountant.

LB: How would being in a shared space affect a business? Would it work with two un-related businesses?

MD:  Two businesses running out of one space is a great idea.
A few things you should keep in mind with this option:
     1. Both businesses must be on the same page in terms of customer service, hours of operation, and strategic direction.
     2. Two businesses means double the employees. Trusting your staff is a big part of running a business and with more employees you must be careful that everyone is trustworthy and cautious about locking-up and acting responsible for both businesses.
     3. Both businesses have to be on the cohesive with marketing and promotions. For example if one business is adverting every week in the local paper and creating a lot of traffic that the other business is benefiting from it is only fair for both to pay for the advertisements or take turns running different promotions.

This could work with two unrelated businesses as long as they agree to the above items.

LB:  Can rent be paid with Visa?

MD:  Typically rent is paid with post dated cheques. This depends on the landlord.  For everything else, there's MasterCard.

LB:  Are there agencies to help people find an ideal space for their new business?

MD:  Yes, there are commercial agencies that can help you find that perfect space for your business. Before speaking to an agent make some decisions on the space you are looking for, your agent with expect you to know:
- Area you would like
- Approximate amount of square footage needed
- Price per month your business could afford
- Special considerations needed for your business
You can take a look at some commercial properties to buy and rent here.

LB:  If there are two people running the business, how do they know whose name to pay the rent through?

Should they always just have one bank account for the business and get every payment going through that one account?
MD:  Yes, the best way to handle the finances is to create a business account, separate from your personal account. There are three business organizations that can be formed for businesses with 2 or more partners: General Partnership, Limited Partnership and a Corporation. You should speak with a lawyer and an accountant to decide which would be best for your business and partners included.

LB: Who pays for fixing a rented space, the renter or the landlord? How is this determined?

MD:  Depending on the extent of renovations that need to be completed the renter and landlord must negotiation these terms. If the renovations are very specific to your business you can expect to incur the cost. If the renovation will improve the building as a whole and standing the test to time, you will have a better chance enticing the landlord to pitch in.

LB:  Where can renters find info on their rights?

MD:  Renters can find information on British Columbia commercial tenancy rights

LB:  What is the difference between a Fixed Term and Periodic Tenancy?

MD:  Fixed Term: A commercial lease can be granted for a fixed period, no matter how long or how short. A commercial lease for a fixed term automatically ends when the term is over.
Periodic Tenancy: Is a tenancy which automatically renews itself on the last day of the term from a further term of the same length unit it is terminated by either party with proper notice.

LB:  What is the standard security deposit when renting a commercial space?

MD:  There is no standard, unlike residential deposits that are typically half of one month rent as far as commercial tenancies are concerned, there are no legal restrictions regarding security deposits. This is an item left open for negotiation.

Zoe+Loaded Bow

One woman is living in her car.

One mother won’t let her teenage son sit on the front porch.

One family struggles to find another place to live.

Vignettes of folks losing their homes?  Are these the human interest stories painted against the backdrop of the housing market collapse?  No, no new phenomenon. Such is the struggle of New Jersey’s working poor – to find affordable housing in a safe neighborhood.  These folks aren’t real estate speculators or flippers.

They are tenants. They are always looking for a clean, safe place to live regardless of a housing crisis.

The increase of foreclosures and bank-owned homes is trickling down alright. The system is doling out pain all along the way.

Only a corporate bank’s ‘pain’ is a different kind of discomfort. A flipper still retains his primary residence.  A tenant who can’t escape the other side of the tracks?  Let’s just say that fear for one’s life is an ever-present pain not easily abated with two Advil.

Do you know to need the location of this horror?  Probably in any urban center in any state of our great Union. Many states have adopted Affordable Housing programs. In New Jersey that state department is called the Council on Affordable Housing (COAH).

Only economics carries the day. Let’s be straight. The free enterprise system richly rewards the risk taker who makes his point and punishes the roller who tumbles snake eyes. Land – and the home that sits upon that fallowed ground -- is worth more to us than the humans who occupy it.

Hasn't it always been this way? 

The euphoric real estate Gold Rush turned tenants into homeowners and now back into tenants, with their credit rating panned and blasted after the last gurgle trickled under the sluice gate.  How important is credit? An intangible interpretation of worth that is (or was) convertible into a tangible asset.

The tangible asset is gone. The intangible value is gone. What’s left?  Only the resolve to keep that job, resist the temptations of the Night and pay those bills timely.

To rehabilitate that credit while our leaders attempt to rehabilitate the system.  There will always be landlords. There will always be tenants.

Why or how do people fail to understand I am on crutches because my left knee no longer holds me up. I cannot walk with crutches and carry a grocery bag much less boxes.

The handful of people who are able to lift or move haven't been able to come over to help. One neighbor has done runs to the storage place for boxes. But no one else has even called back to say they can't help. I finally hired a service but I won't be ready for them and everything needs to be out. I won't have a back door when the fridge is moved. No way to lock up my apartment. And I had hoped to get food and groceries over to where I will be staying. There are 3 people who have offered to help but no one with a car.

I have been asking everyplace I go. Any one who could help for money, Maybe needing extra income, Teens who don't have a full time day job or could come over in the evening. I have been asking people I don't know, not the best thing, but maybe someone knew of something. No takers.

At least half of my days I have been trying to get help in getting more time. And going in circles. When I get back on line I will add ranting about how the help system is set up not to work and how pathetic the Kansas City Bar Association is.

Leaving messages for attorneys, getting mostly no response. I have contacted over 40 attorneys, mostly getting referrals to the same name. And only 5 have returned my call. It's going to be a nasty day with no air conditioning. At least 2 of the attorneys were kind enough to let me know how the system really works. Unfortunately Joseph Allen has already violated city and state laws in his termination of my lease. And possibly federal laws. But it isn't going to help me move in the next two days.

If I can get things out today the computer will probably go. And I probably won't be getting pictures up for a week or so. The coffee shop is two blocks from the bus stop, That's 10 miles on crutches.

When I figure out how to get sound-bits on here the conversation will be the second part. The first was Joseph Allen calling because um codes is coming on Friday and um she didn't like the gardening stuff before so maybe if it just isn't on the porch. And when I told him I was rather busy trying to move and couldn't do what I needed to because I'm on crutches, and no longer able to move things around.... Joseph Allen started in on how my health problems aren't of concern. And I hung up.

Should just let the city know about the pictures I am posting. Really just annoying. If Codes sees how he has torn up my apartment and left it since September 2007. I'm not sure how I can get my possessions out in 24 hours.

Well I have already packed the microphone to get the sound captured. The second part of Joseph Allen's call was that my health is between me and "God" and none of his concern. He wants everything gone from my porch by Thursday afternoon. If I won't do it he will have it taken off.

It was my understanding, and I based this on what the previous tenants told me when I moved in, that the cooking gas and hot water was taken care of by the landlord during the summer months because of the inequity of having all apartments pay equally for the gas heat in the winter. [My apartment is much smaller than other apartments and there's actually times during the winter that we have the heat off, but we pay the exact same amount for heat as the large and spacious apartment next door that cranks there heat up ungodly warm.]

The tenant previous to me lived there for almost four years and never saw a gas bill. His roommate had lived there for six-ish years before that, and never saw a gas bill. I've lived there for 15 months now, and never saw a gas bill.

Last Thursday, the gas company came and shut off my gas and removed the meter. I can't cook; I can't take a shower; I can't wash dishes. My landlord tells me its my responsibility to pay it, which I can totally buy and would have no problem doing if I had been informed of it and if any of the tenants in the last four years had been informed of it.

On Friday, I called my landlord to get things sorted out. That's when I discovered this tangled web of misinformation. By the time it was definitely concluded [on their part] that it was my responsibility and they gave me the gas company's phone number, their customer service center had closed. This means I've had to walk 15 minutes every morning to work so I can take a shower. I've spent more than what my gas bill will likely be in the summer on restaurant food this weekend because I have no other choice.

This morning I called up the gas company to figure out how much they think I owe and when I can get my service restored. They have no record of my apartment and have no record of a shut-off occurring on Thursday anywhere near my building. Ball bounces back into my landlord's court, because they assured me on Friday that al I'd have to do is call the gas company up and they'd have all the information right there and I'd be good to go.

Its now the end of the working day on Monday and I'm nowhere near getting the ability to shower in my own apartment back. I have to bring a copy of my lease to my landlord tomorrow morning because they have no record of it, so they can't prove that I've lived there for only 15 months. Then they can go back to the gas company and hopefully make some headway.

Lesson learned from all of this: only rent apartments where all utilities are included.

When this market was growing most bears were fixated on house price/incomes ratios but that looked to be the wrong way to look at it to me. People are able, with 5% interest rates, to borrow increasingly large percentages of their income because house prices were clearly just going to keep on rising to what I had thought would be a new plateau.

I thought last year that there was no problem to go back to a historic house price/incomes ratio because we are only adjusting to a new plateau created by lower mortgage costs. But I am very worried about the fact that the credit situation of the last five years is now being completely reversed. Therefore this time you need perfect credit to get a loan and lenders want 25% deposits.

Surprizingly, very little has been said by CBC's readers about the landlord.  Surely the owners of this building are primarily responsible for these terrible injuries.  The requirement to provide safe premises is one of the key responsibilities of property owners.

Let's hope the landlord and its insurer steps up to provide compensation to these victims quickly and fairly.   

In California, a landlord can give a 3 day, 30 day or 60 day notice to a tenant who is in breach of their obligations and rules as a tenant bound to a lease agreement. However, in order to evict a tenant, an unlawful detainer lawsuit must be filed. So, let's say the first part of this process is receiving proper notice. One argument to make is that if your landlord tells you they are beginning the eviction process but you don't receive any other type of notice, technically you could try to say that your landlord is giving you 30 days to move out and if you don't move out, only then can they properly evict you. Most people would think getting evicted is an ordeal but again, I am all for making your life easier. If you hate your landlord and are getting in constant fights, you might as well move out and call it a day.

What happens when you can't get your landlord to speak to you? FIND THE PROPERTY MANAGEMENT COMPANY.  I have heard many stories where the landlord lives in the building but won't speak to the tenant and the tenant thinks the "landlord" is the only person that they need to contact. You need to go above the landlord. Sometimes speaking with anyone but your landlord is the best idea. The property management company is the best way to go. 

Two helpful sites to check out are: http://www.hud.gov/local/ca/renting/tenantrights.cfm and

http://www.dca.ca.gov/publications/landlordbook/index.shtml

Sometimes landlords like to take advantage of their tenants, don't let it happen to you. Or better yet, if you have a landlord "situation", I would start looking for a new place to live.

First more pictures out the kitchen exit/former back door and out the kitchen window.

Just noticed the electrical extension cord, it's orange and it looks at a glance as if it goes into the former second bedroom. If it is plugged in I have been paying for the electricity to it.

Now looking to see where I put the pictures of the bedroom wall.

Next

Last year part of a tree in the front fell. Landlord was out of town. He did let me use his reciprocating saw to cut it up. Next door neighbor borrowed a chain saw for the big parts so he would have it for his fire pit. Took several weeks for landlord to get back and haul it to the city brush site. Just going to plop all the pics here:

Back to the apartment and building

think these are repeats

oh and the apparent exterior door with no lock or knob isn't set into the doorway it is just standing there.

My back door is held shut by a piece of plastic. I put the tape covering the gap around it. The bottom is/was open 2 inches. Landlord pushed away the screen I have blocking the bottom 4 times. Kept coming home to mice and roaches running in and out. Last time he did it I was home. I tried to put plastic and fill it with expanding foam only kinda worked. It was just supposed to be for a few weeks. Starting last September. It's almost the last week in June and it's still like that.

We can’t prevent what is unexpected and sometimes can’t prevent the expected, but we can do a great deal to assure that when it happens we will be in a better legal position to deal with it.

The Importance of the Rental Property Agreement

A comprehensive rental agreement is extremely important.  It should include at the minimum:

• The start and end dates of the term of the lease
• The means of lease extension and lease termination
• The circumstances under which the property owner may enter the property
• Responsibility for repairs and maintenance
• Penalties for non-payment of rent
• Renovations or alterations to the property allowed or not allowed to be made by the tenant
• Ownership and removal of renovations at the end of the lease or if the tenant must be evicted
• Notice for termination or eviction of the tenant
• Numbers and names of persons, or companies on the lease
• What business is to be conducted at the property, excluding all others
• Deposits and their application or circumstances for refunding
• Insurance coverage and requirements
• The stated condition of all contents at the time of the lease and their required condition at termination.
• Lease amount, payment terms, conditions for modification of rent

Forms and Documentation are Key

The lease form should be properly composed by an attorney or modified from a standard form provided from a reputable source, such as an Association of Realtors®, or Commercial rental organization.  Separate forms might deal with property condition, insurance requirements, building rules and regulations, parking issues, and neighborhood issues (such as noise late at night).  Commercial properties in or near residential neighborhoods must take neighbors into consideration or face problems the property owner will have to deal with for many years.  Neighbors have a long memory.

Any problem that does arise should be documented with the date it occurred, what happened to cause the problem and who was called about the problem or sent a letter.  Also note what happened to resolve the complaint, if it could be resolved.  Do not let a problem linger or ignore it as it has a tendency to grow.  A tenant may later claim the owner did not seem to have a concern with the issue over some period of time and only now is complaining about it.  Contact an attorney for advice early on for any serious issue.  Following appropriate legal procedure can shorten the time to resolve the matter.

Some Hot Tips for Contracts

• Never permit the tenant to modify, remodel, repair, redecorate or change anything without the owner’s express written consent, and print this statement in boldface type in the contract.

• Make sure that there is a clause in the contract to allow the owner or the owner’s representative to enter the property at least once a month even if it is to check the smoke detectors.  if I had done this I would have seen those marijuana plants!

• Be wary of the tenant who pays in cash.  In the contract insist on a check drawn from the tenant’s bank.  This will facilitate collecting on a court order to recover funds, since you will know the bank and the account number of the tenant.

• Be sure the owner’s insurance policy on the property is properly written to cover the property with the tenant and the tenant’s business.  Also, require the tenant to obtain, and maintain adequate contents insurance on their property.  Both the owner and tenant should have adequate liability coverage in case someone is injured or assaulted at the property.

If You Have to Go to Court

On several occasions I have found myself in court trying to collect on back rent or property damage.  Because I was prepared with a solid contract and documentation I am glad to report I was able to collect every time, with the exception of the marijuana grower who skipped town.  I saved myself considerable legal expense and money, if not aggravation.  Tenant evictions can be lengthy in California.  Even with proper procedures owners should plan on

possibly a six month ordeal.  In one case regarding a client’s property, I showed up with the sheriff who had to usher the tenant off the property.  He was in the act of moving and loading the moving van.  I felt compelled to warn the moving company to collect via cash or a cashier’s check to avoid getting a bum check from this deadbeat.

Zoning, trip-and-Falls, Security Issues

In one case a commercial tenant failed to check zoning before signing the lease and discovered the space they rented would not allow a fitness center.  Tenants or their guests have suffered injuries or assaults called “acts of third parties” and sued the owner.  In one case, the employee of the tenant parked in a handicapped space during a rain storm.  He stepped out of the car on crutches only to fall and suffer further injury.  The downspout from the roof gutter drained directly into the parking space!  Owners and their property managers must be vigilant to eliminate hazardous conditions and provide well lighted and secure premises.

Agent Representation

If a real estate agent or property management company is acting on behalf of the property owner, a detailed written agreement should be used covering the agent’s responsibilities.  The property management company might also request to be named as an additional insured under the property owner’s liability insurance.

“Experience is the worst teacher; it gives the test before presenting the lesson.”

--Vernon Law