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.