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A lease agreement
We have a lease agreement in place
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The lease reads as follows about this:
RULES AND REGULATIONS: Tenant agrees to abide by such necessary and reasonable regulations as may be promulgatedduring the term of this Agreement by Landlord, provided that the purpose of said rules, which shall apply to all Tenants, is to promotethe appearance, safety, and convenience of the premises for the welfare of all Tenants, to preserve Landlord's property from abusiveuse, and to fairly distribute services and facilities to all Tenants. Tenant shall be provided with a copy of the written Rules andRegulations now in effect and shall be given thirty (30) days written notice of any changes.
I'm attaching the New Rules.
Here is the email correspondence:
From: Cory Moran <XXXXX@XXXXXX.XXX>Date: November 14, 2013 at 8:04:55 AM CSTTo: Monica Monica <XXXXX@XXXXXX.XXX>Subject: Fwd: A problem at the Riley Bldg. Begin forwarded message:
Cory & Monica:
First of all, for the record, below is the brief response from Angela to our e-mail. As you can see it was sent yesterday at 9:47 a.m. It was the only communication we had with them yesterday. No phone calls, questions or conversations. Then like you and everyone else in the building, we got the official notice around dinner time.
Around midday yesterday we were absolutely delighted because for the first time in about six weeks the air in our apartment seemed to be scent-free again. We even began to remove some of the blankets and pillows we had placed along the wall. We turned off the fans. But then later that afternoon a new smell invaded. By evening it had pretty much taken over our apartment, back to front, with special concentration in our utility room, where we used to be able to hang our jackets and coats. At about 10 o’clock in the evening it was so bad in our bedroom we had to leave the room. It returned this morning around 7 a.m. to begin our day.
The smell may be new—e-cigs? a different aromatic?—but the effect on us is the same: irritating the eyes and nostrils, making us cough and gag, getting on everything.
We’re not sure what’s going on this time. Maybe you’ve found a loophole in the Inland Pacific notice. But I want to make one thing perfectly clear and unequivocal, no loopholes: We do not want your vapors, scents, smoke, aromatics, etc., in our home, no matter what the means of delivery—e-cigs, incense burner, atomizers, plug-ins, etc. If it is “vaping” you’re doing, please take it outside.
We’re not sure why you’re assaulting our peaceful life in the apartment we love. We’ve been here nearly 11 years and have never experienced anything like this. If your goal yesterday was to piss us off, it worked.
I’ll wait for your response and then forward this message and yours to Inland Pacific.
B & C
From: Rental User [mailtoXXX@XXXXXX.XXX] Sent: Wednesday, November 13, 2013 9:47 AMTo: Brian NicolSubject: Re: A problem at the Riley Bldg.
You should have let us know about this awhile ago. A notice will go out today regarding this issue.
Have a good day,
Inland Pacific Management
P: (XXX) XXX-XXXX
F: (XXX) XXX-XXXX
On Nov 13, 2013, at 8:03 AM, "Brian Nicol" <XXXXX@XXXXXX.XXX> wrote:
(Realized I might have sent this to the wrong e-mail address yesterday. If not, sorry for the duplication. Brian)
From: Brian Nicol [mailtoXXX@XXXXXX.XXX] Sent: Tuesday, November 12, 2013 2:38 PMTo: 'Rental User'Cc: 'Cory Moran'Subject: A problem at the Riley Bldg.
Justin & Angela:
Colleen & I and Cory & Monica, our neighbors below us on the east side (#406), are at an impasse concerning a problem that has been ongoing for several weeks. We have exchanged many e-mails and had discussions but cannot come to an agreement. If you read our e-mails from earlier today, staring with the bottom one, you’ll quickly see what it’s all about. Also, we’ve outlined a possible solution in those e-mails, one that would require action by Inland Pacific and the bank. Please let us know if you can help out. The status quo is definitely not working. (I’ve copied Cory on this e-mail.)
From: Cory Moran [mailtoXXX@XXXXXX.XXX] Sent: Tuesday, November 12, 2013 10:06 AMTo: Brian NicolSubject: Re: We give up
Sorry. I haven't been checking my personal email. Just getting caught up.
Monica has been limiting it to twice a day. After reading your thank you email I thought we had found the solution!!
And then I read this one. I'm really sorry that still was too much. How can I help with the seal? I think that if we could start underneath from our apartment we could really get the gaps good and filled. I'm more than happy to assist. It's probably something they should have done during construction anyway. I think the whole building could use it!
Sorry this is still an issue. Let me know how I can help and have a good week.
On Nov 12, 2013, at 9:25 AM, "Brian Nicol" <XXXXX@XXXXXX.XXX> wrote:
Well, I guess I was a bit premature with my Thank You e-mail sent yesterday morning at about 9. Shortly thereafter, the incense began and continued on and off all day. Then in the evening it was nearly steady, front of our apartment to back. And it’s begun again today, of course. We can’t take it anymore. It’s making us sick. Yes, you have the right to have scented incense smoke/vapor in your home. And we have the right not to have it in ours. We’ve tried to keep it out—the fans, the open windows, pillows and blankets along the wall. Nothing works. You can try different aromas/flavors but even if it’s chocolate, strawberry or Jack Daniel’s, it’s still incense—scented smoke/vapor—coming into our home, steadily, regularly.
We’re out of options. As much as I didn’t want to do this, we’re going to contact Justin and ask him (and the bank) to see if they can somehow fill the gap between our floor and the east wall bricks, where we assume most of it is coming up. I’ll copy you on the e-mail we send to Justin.
Brian & Colleen
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