It's not MOLD...It's an 80's throw back...

Remember, acid washed (streaks of bleach) and galactic wash(looked like stars)... that is what I did to anything LEATHER, CANVAS or any BREATHEABLE ITEM! According to my friends at MARBRISAS, MOLD IS NOT AN ISSUE

Close your eyes...

NO REALLY, I BOUGHT IT LIKE THIS...according to Marbrisas mold is NOT a problem, but that is why on the second lease I signed you added a mold addendum...

Thanks for nothing Jack.... MARBRISAS EARLY TERMINATION

EARLY TERMINATION AGREEMENT

WHEREAS, XXXXXXXXXXXX, AND ALL UNNAMED OCCUPANTS (“Occupants”) retain possession of the premises located at 1250 Paseo Magda, Apartment No. 711, Chula Vista, California 91910 (“Subject Premises”), which is part of an apartment community known as MARBRISAS APARTMENTS (“MARBRISAS”);
WHEREAS, OCCUPANTS contend that there is moisture intrusion, mold and/or mildew at the premises, and have alleged inconvenience, property damage;
WHEREAS, MARBRISAS contends that there is no visible water intrusion, mold and/or mildew at the premises; the only discoloration being from OCCUPANTS failure to properly maintain the premises;
WHEREAS, OCCUPANTS have requested an early termination of the lease agreement for the above Subject Premises with no accompanying fees;
NOW, THEREFORE, in consideration of the following, the parties hereby agree to resolve this matter informally without any admission of fault or wrongdoing:
MARBRISAS hereby authorizes the early termination of the lease agreement.
OCCUPANTS hereby agree to vacate the Subject Premises on or before August 11, 2006. OCCUPANTS hereby agree to pay rent until MARBRISAS obtains possession of the Subject Premises in accordance with the terms of the Lease Agreement, which, subject to the provisions of this Agreement, remains valid and in full force. OCCUPANTS shall be returned any overpayment of rent. OCCUPANTS shall be returned their security deposit in accordance with statute.
OCCUPANTS on behalf of themselves and their heirs, successors, executors, agents, attorneys and assigns hereby releases and forever discharges MARBRISAS, its past and present parent(s), subsidiary(ies) and affiliated entity(ies), and the officers, directors, principals, employees, attorneys, insurers and agents of each of them, including all heirs, successors or assigns, from any and all liability for claims known or unknown. Except as expressly stated otherwise in this paragraph, this release includes any and all claims, rights, demands, and causes of action of any and every kind, known or unknown, including, without limitation, breach of contract (express or implied), breach of the covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, negligence, retaliation, any tort, personal injury, property damage or any violation of public policy or statute which OCCUPANTS may now have, or has ever had, including, but not limited to, slip & fall incident, property damage, inconvenience, and exposure to mold, moisture, mildew and/or any other substances at the Subject Premises.
OCCUPANTS acknowledge that they are aware of and familiar with the provisions of California Civil Code section 1542, which provides as follows:
"1542. CERTAIN CLAIMS NOT AFFECTED BY GENERAL
RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT
WITH THE DEBTOR."

OCCUPANTS, being aware of said Code section, hereby expressly waive any rights they may have thereunder, as well as under any statutes or legal principles of similar effect.
The parties to this Agreement agree that this Agreement supersedes any prior oral or written agreements regarding the subject matter of this Agreement and further acknowledge that no representations, inducements, promises, or agreements have been made by or on behalf of any party, except those covenants and agreements embodied in this written Agreement. No agreement, statement, or promise that is not contained in this written Agreement shall be valid or binding.
This Release Agreement shall be construed in accordance with, and governed by, the laws of the State of California. If any term, provision, covenant, or condition of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or unenforceable, such decision shall not affect the validity of any remaining portion.
OCCUPANTS REPRESENT THAT THEY HAVE BEEN PROVIDED THE OPPORTUNITY TO DISCUSS ALL ASPECTS OF THIS AGREEMENT WITH AN ATTORNEY, THAT THEY FULLY UNDERSTANDS ALL OF ITS PROVISIONS, AND THAT THEY ARE VOLUNTARILY ENTERING INTO THIS AGREEMENT WITH THE FULL KNOWLEDGE OF ITS LEGAL SIGNIFICANCE AND WITH THE INTENT TO BE LEGALLY BOUND BY ITS TERMS.

IN WITNESS WHEREOF, this Agreement is executed on the date set forth below.

DATE:
XXXXXXXX

DATE:
XXXXXXXX

DATE:
XXXXXXXX
DATE:
MARBRISAS APARTMENTS

What amazes me most about all that has occured is that this would have been done weeks ago. My mom would not have had to endure the stress that she has gone through, and right now she would be resting with her grandchildren. Lennon's quote is something I use often, "Life is what happens when you are planning for something else"

I received this today via email from the Marbrisas attorneys, right after Mr. Maintenance tried to access the premises. Wow, I mean, I am sitting on two degrees and preparing for pursuit of a third, but something just doesn't smell right and it's NOT the mold infested apartment.

WHEREAS, MARBRISAS contends that there is no visible water intrusion, mold and/or mildew at the premises; the only discoloration being from OCCUPANTS failure to properly maintain the premises;

So I get it, the moldy clothes, shoes and purses are from not properly maintaing the property. REALLY? That is news to me! Why are you so insistent now about getting me out of this apartment? Please note that the date is TODAY. The rent has been paid through August 30, 2006? So what is the rush all of a sudden. Ah, that's right you are going to paint, make the place smell good and allow the next chump to come in here unaware. THANK YOU MARBRISAS... THANK YOU KARSAZ and ASSOCIATES, but a special thanks goes to my slum lords CALSTRS

Marbrisas 711, This is how they FIX the problem

Remember, I said that maintenance attempted to key into the apartment, just 30 minutes after I refused to sign the early termination form? Their previous response to mold has just been to spray bleach and paint, these pictures are from the room where my 5 year old and 2 year old neices could no longer sleep because of the overpowering smell of mold. This is what it looks like! The mold beneath this was black after we moved and threw away the dresser that had been found in front of it.

I am not a scientist, nor do I profess to be one, but is bleach and spray paint supposed to END the problem?

Marbrisas 711 Mold in the BED FRAME

When we moved the matresses out of my mother's bedroom the wall below was the first thing we noticed, however, mold was even in her bedframe!

Seeing is Believing

The first picture is the wall that maintenance was coming to spray. The one that the lawyers stated had no mold, but was happy to give me an early termination.

Marbrisas # 711

I need to say this, Yesterday August 10, I received a phone call from Dan Yampolski, Esq stating that they would offer me the remaining money from August rent and an early termination based on their investigation. He specifically stated that there was no mold. So why the new offer of an early termination. You see GOD brings things to light...My mother sits in a hospital

I go to view the documents at the leasing office and am told that I cannot remove them from the office. They require 3 signatures of the lease holders, me, my mother, and my sister. I refuse to sign the documents. 30 minutes later maintenance keys into the apartment stating that they are here to "SPRAY" the wall...THE WALL THAT THEY CLAIM DOES NOT HAVE MOLD I refused him entrance, called the police, but because no crime had been committed (despite this being a FEEBLE attempt at cover up)I am sitting here with a dead bolt on the door.

Below is a letter that details my struggle and that of my family:
Dear Fellow Educators:

My name is Rhonda XXXXX and for the last four years, I have been an employee of the San Diego Unified School District. The purpose of this letter is simple, to inform you of the negligence and blatant disregard that has been displayed by my apartment management company, their attorneys and CALSTRS the property owners. Their lack of concern regarding the health and safety of my family is appalling and I want to bring attention to what has occurred and what I have had to endure as a result.

Earlier this week a FOX6 newscast unveiled the problem of mold in a San Ysidro subsidized housing complex. Although, I am living in the Marbrisas complex of Chula Vista and paying in excess of $1700 in rent each month, my problem is the same. My family consisting of my mother, my sister, my niece, and myself relocated to Marbrisas in April of 2004, because my mother had suffered a heart attack in December of 2003, and could no longer walk the stairs of our former apartment. Another niece was born in August of 2004, and also resided in the home. Marbrisas was a beautiful community, or so we believed located in East Chula Vista, and part of the Rancho Del Rey housing community. We were happy, but that happiness would be short -lived. Mold was first found in the apartment in December of 2004, around the windows and walls in bedrooms 2 and 3. We immediately contacted maintenance to address the issue. Their response was to simply wipe the surfaces with bleach and spray paint over the mold. Had this been successful, I would not be writing you today.

Our initial lease ended on June 30, 2005 and we became month to month tenants paying more than $1700 per month. As a school teacher for San Diego City Schools, I had made an effort to look into housing alternatives including home buying. I needed the flexibility to leave easily should the opportunity of buying a home present itself. In late November 2005, we were informed that we were unable to continue our status of being month to month tenants, and must lock into a lease. With great reluctance we signed the minimal lease with an ending date of July 31, 2006. On the new lease we noted the existence of a mold issue on the leasing forms. Again, this was another effort to bring attention to this issue.

During the time between the lease renewal and the end date, mold has been found in all three bedrooms, the dining area, and the living room. The material possessions destroyed are too numerous to list here. Understanding, that possessions are temporal, the risks that my family has been exposed to are numerous. As of July 31, we believed our nightmare would be over. However, that was not to be the case. I had secured a new job and relocated on July 12, 2006 to Chicago. My sister and mother had planned to relocate to Tennessee for a new beginning. Chula Vista is my home town, but it was time to move on.

We attempted to give notice on July 1, 2006. Several days passed and my mother contacted the leasing office as to the status of our move out. On July 8, we were told that we would have to file a claim form and that this was a matter for Marbrisas’ attorney, Karsaz and Associates, as we were attempting to terminate our lease early. Correspondence from the law firm arrived on July 14, stating that we were to provide them documentation as to why they should allow us to terminate the lease ending on July 31, with no penalties. We immediately drew up a response detailing our Marbrisas experience and submitted it for review on July 18, 2006.
Daily, both my mother from here in Chula Vista, and I from Chicago, called to learn the status of our official move out date. Moving is a stressful experience and this added to the normal stress associated with it.

The original plan was that my sister and mother would leave together bound for Tennessee. My oldest niece is beginning kindergarten this year and school begins August 14, 2006. As you can imagine time was of the essence. My sister departed Chula Vista on July 25, 2006 with her children so that she could register her eldest daughter in school. My mother remained behind to tie up loose ends. Still we awaited word from Karsaz and Associates. My mother was running against a clock and remained unaware of the timeline that she was up against. The worries associated with paying both a rent in Tennessee and one in Chula Vista caused a great deal of stress. My mother had placed the bulk of the household items in storage. She knew that she must vacate the premises and if she were forced to pay another month’s rent, she would not be able to afford the move of her possessions to Tennessee. As the movers removed items in the house mold was uncovered on her bedroom wall. Prior to this mold was found in her closet and had destroyed vast amounts of clothing, shoes, and accessories. It is most brutal to leather and wool. There is not one room in apartment 711, that has not been touched by mold. I returned on July 30, due to what I perceived as my mother’s declining health. I attempted to put things into order, again racing against a clock and not being aware of what the final out come would be.

We called the leasing office regularly and they had simply ceased returning our phone calls. On August 1, I contacted the leasing office to find out the status of our move out and learned from Shannon Boyd that she had not heard anything regarding our situation. I found that response odd because Steve of maintenance had attempted to key into the apartment just minutes prior stating that he believed our move out date was July 31, 2006. Her response, “I don’t know why Steve did that!” After checking my mail box on August 1, 2006 a letter dated July 28, 2006 from Karsaz and Associates denied our request. The letter stated that they had done an investigation into the matter and that these were their findings. Other than the initial claim form and the subsequent letter from us, to date I am unsure as to what this investigation entailed. Due to the stress associated with the move, my mother has been hospitalized since August 2, 2006.

Our material possessions are destroyed. As I attempted to move items on Sunday, August 6, 2006, I uncovered mold on furniture that was I was previously unaware of. Any item, including that which is held in storage cannot be taken to either my new home, or that of my family due to the exposure of the mold. If we took these items, mold would breed there as well.

I began to research the owners of the property in an effort to begin some sort of resolution regarding the situation. I was shocked to learn that the California Teacher’s Retirement System, (CALSTRS), is the owner of the property. The entity that holds my own retirement benefits is in fact my slumlord. I have spoken with Amy Lassers of Black Rock Investments, who contacted me on Tuesday, August 8, 2006 to begin her own investigation. Asking questions such as, do you know where the mold is coming from? What do you think is happening? At my urging, she contacted Marbrisas management and they came into the premises to assess the damage. Damage that they had been made aware of previously and cared nothing about. The treatment that I have received from all parties involved is completely unacceptable.

Consider for a moment, if you were in my shoes? What would you do? I needed to share this with those that I believe can make a difference. I have contacted my local congressman, Bob Filner, via email and by telephone. I have emailed Mr.Wambach and Ms. Lassers of Black Rock Investments and received no response. I have left messages with Ms. Lassers to no avail. On August 10, 2006 Jim Hurley of CALSTRS, contacted me in an effort to find a resolution. I was contacted after business hours by a Dan Yampolski, of Karsaz and Associates, now offering to “let me out of the lease” and give back the “overpayment” or what is left of the $1875, they received for August rent. This appears to be a time game, and that is the one thing that for me is not in abundance. My life is no longer in Chula Vista.

Any assistance you can provide would be greatly appreciated. What concerns me the most is that CALSTRS is the entity behind all of this. It made me realize that there is so much about my retirement plan and their practices that I am not aware of. I know that we cannot possibly be the only people that have had to endure this mold problem here in Marbrisas. Mr. John Greene a former neighbor likewise had an issue with mold while living in Marbrisas. Given the severity of the mold issue I am highly doubtful that this is an isolated incident. Had I been made aware prior to move in, I would have opted for a different apartment complex. The voicemail welcomes you to a beautiful, serene, housing atmosphere, 15 minutes SE from downtown, close to entertainment and all that you could ever want. It sounds almost dreamlike. However, for my family, it has been nothing short of a nightmare.

And someone must be held accountable for it.

Nothing New Under the Sun

As I was reading the Book of Nehemiah and re-learning all that had occured in his time. A thought came to me. Throughout the Old Testament we see the Jews asking for help and once receiving that help from God, sometimes being angry with God, and eventually turning back to their own ways. So I am going to take a look at that today, as something to think about.

1. Asking for help. While in quagmire that we often call life there are times when we realize that there is nothing that WE alone can do. We call on God. We cry, we mope, we pray and maybe we even ask others to pray for our circumstances. Perhaps, we go to church for an EXTRA prayer, or maybe we go to that family member who is known to get prayers through. Yet, and still sometimes its just us, in all of emptiness that once we have taken all that we can we simply call on the name of Jesus. We are so drained. We humbly pray. We hope that God will see our circumstances and move SWIFTLY! And then it comes...

2. The frustration or anger. Perhaps, you are praying to make ends meet and it doesn't seem like God heard a word you said. The pockets still low. Bills due and you don't see any way of escape. Sound familiar? God not answering your prayer on YOUR time is nothing new. Know that he is working it out in spite of what it appears. But it doesn't matter, you don't see it. He must not love you. His word must not be true. I cried, I prayed...what else can I do?

3. Deliverance. How sweet it is for you to be in God's good graces. You smile, you have a new skip in your step, you sing, you may have a new dance! God heard your cry and blessed you in the midst of your troubles. You had to testify! Share it with the world! They need to know your story. To him, all praises are due. Thank you Jesus you shout from the highest moutain top. Amen, and amen. You will tithe better, be a better Christian, join a ministry because he deserves all the praise... and eventually...

4. You return to your OLD ways. I mean, God knows my heart, if I smoke this or begin relations with this person he will see me through. I mean, my money is funny I can't write those big checks every Sunday. He knows my heart. I don't feel like going to Usher Board meetings, Sunday School teacher meeting, Choir rehearsal... I need a life. I am tired! Hitting the club, having a few Zombies won't hurt. I mean they drank wine all the time in the Bible, even the priests...

Do you see the parrallels? I used to wonder to myself, how is it that the Jews got into all the problems that plagued them? They are God's chosen people. Undoubtedly, they would be in situation, God would bring them out, they would praise him for awhile. Awhile, may have been hours, days, and even generations. No doubt, they would eventually mess it up!

I used to think if God had been there to walk with me I know I would be alright. He comes talking to me in a fiery bush? Allows me to see the back of him as he walks by? Wrestles with me next to a river? Brings me out of captivity? Does not allow famine to destroy me? Ha, I would be a super saint. But then reality sets in. God has walked with me, and I HAVE stumbled. He has shown me my errors and I have corrected them, but sometimes it was only temporary. I have found myself bargaining with God... if YOU do this... I will do THAT. I am no different than those Jews in the Old Testament... and like them God has given me another chance.