Public Mediation

michelle harris-Dispute-#3142443

T. S. vs. Michelle Harris
10170 SHADY DAWN LN., Jamestown, California, 95327, United States
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
      (seeking public comment)
    • Claimant Seeks: View.
    • Claim #: 3142443
    • Amount Involved: 12,440.00
    • Filed On: Dec 08, 2012
    • Posted On: Dec 19, 2012
    • Complaint(s):
      • Discrimination
      • Failure to repair/replace basic household utilities
      • Failure to maintain premises
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Statement of Claim
Claimant says:
"I have lived here for about 3 years, always paid my rent. It started with the roof leaking when it rained, I put up with this for 3 years, she continually promised to have it fixed, but kept putting it off, I had to brace the inside ceiling with 4x4's just so the ceiling wouldnt cave in on me. I have had mice for about a year, they literally ruined a lot of my clothes, I complained continually, and she said it was because I didn't take my garbage out enough. Here I was recycling everything, separating my garbage for the enviroment, but had no response. She did nothing. I also told her that her own house tenants were complaining of mice in the house, she still did nothing. My toilet leaks, and the shower leaks, it is creating a serious mold problem wich she continues to ignore, and I cant stress enough the problem with this black mold that is growing at this address, 10170 shady dawn ln. jamestown ca. 95327, almost all of my lights don't work, including the bathroom light wich is hazardous, I have told her repeatedly of this, but to no avail. The black mold in the bathroom is making me and my boys sick. There is no cold water to the house because the sink faucet is broken or maybe the water is not going thru it anymore, I dont know, but I told her, and again , no response. That was six months ago. She converted a garage into a studio apt. but I dont believe it was inspected. I believe she bypassed the building inspector, possibly because the fees, I'm guesssing. but anyway she also since I moved in, has rented out some rooms in her house, well the washer and dryer are in my apt. So two to three times a week sometimes more than that, her tenants knock on my door and want to come in to do their laundery, and this takes from 2-3 hours each time. When I first moved in the Michelle said that she would have to use the laundry during the week, but would set a laundry day. That never happened. Plus she moved other tenants in, and they want to use it, or should I say access my apt 2-3-4 times a week. I complained to her and she said she was in the procces of moving the washer and dryer in the breeze way between houses, that was about a year ago. Also they come in even when I'm not home, I don't like it, Ive complained, but she continues to let it happen, and won't move the washer and dryer. Another problem I'm having i , every day I have to light the water heater just to take a shower in my moldy bathroom, because the water heater just goes out for no reason, I have continually complained to her but nothing is done about it. Also in april of 2012 I was laid off from my job at sierra motors, a ( local chevy dealership), as soon as I got my last check (from sierra motors) I paid rent, and then I filed for unemployment, I had been at the dealership for over 5 years. So anyway it took about a month and a half to get my first payment, she threatened to evict me if I didn't come up with the money by the 5th of may, I told her that this was my first time being on unemployment and I should be getting a payment soon. To no avail, she persisted, and I had to borrow money from my parents to stay at this place. Well after I paid rent , she turned off my internet access, and said she couldn't afford it anymore, all the while her house tenants continually got it. I didnt even know until a couple of months later I asked one of her house tenants if they were still getting access to the internet, they said yes, and I then asked if it was included in their rent like usual, and they affirmed again (yes). I was shocked. Recently I begged her to let me have it back because I need it for my job searches. She let me have it, but I went for a long time without. I feel that my rights as a tenant and a human being have been violated. She recently asked me to leave because she had someone else she wanted to rent to, and honestly I'm ok with it because I want to move. I gave her these complaints in writing, and she decided to give me eviction papers. So it looks like I will be leaving soon, but I don't want her to get away with her neglect of what I have been paying for for the last 3 years, a decent place to live. By the way, the only reason I stayed for as long as I did, is because I have a dog, and she was ok with that, she has two herself. I have been wronged here and I'm hoping you can help me! By the way she said the reason she asked me to leave is because: when she decided to rent to me, I was working 6 days a week and now that I'm on unemployment, I'm home a lot and she can't afford me being there all day. My name is TONY SCHIRO and I live here for at least a few more days, "HELP" thank you sincerely"
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Additional Communication Between Claimant and Michelle Harris Hide
  • Dec 26, 2012, Claiming party added:
  • still she is just wanting me out! going around the law!

What Claimant Wants Hide
1. Compensation: for the suffering Ive put up with for at least 2 years Dec 23, 2012 $3,000.00
2. Damages: our health, and clothes Dec 23, 2012 $2,000.00
3. Refund: I paid her 7440.00 a year to live in a place that wasnt safe, healthy, and just plain miserable. I think one year should be refunded, due to neglect. Dec 23, 2012 $7,440.00
4. Other – Pay for claim posting cost Dec 23, 2012 $7.99
5. Other – Physical delivery charges Dec 23, 2012 $2.99
Cash total : $12,450.98
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Respondent's Counteroffer


There has been no response to this claim from MICHELLE HARRIS. This claim will remain posted until resolved
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  • Comment: by Renda Tucker — Online mediator
  • On: 12-24-2012
  • The California Department Of Consumer Affairs Landlord/Tenant online is where you can view rights of tenant and landlord.
  • Comment: by David Anderson — Online mediator
  • On: 12-23-2012
  • Wow. A drug addict taking advantage of a churchgoing school teacher. I guess that unemployment money was better spent on drugs instead of rent. This is a clean cut case against you Tony Schiro. I bet your unemployment ran out or is about to and that's why you're on this site to begin with instead of going to an actual court. I hope Ms. Harris takes you to court for compensation. There are multiple violations that are all grounds for eviction and restitution. You have no chance of winning and I'll say again to just GET OUT and pay what you owe, unless you are a low-life and drag this out as long as you can before you're tossed out.
  • Comment: by Michelle Harris — Online mediator
  • On: 12-23-2012
  • I am Michelle and the real truth is this: Tony forgot to tell the whole story while complaining about me while using my internet free since he has not paid his share for over three months. Since I met him at church I did not ask for a deposit or first and last month payments. Our month to month agreement has been broken many times because of his late payments, no payments, moving in his two grown sons in a 400 sq. foot room without my permission, bringing drugs onto my property, not controlling his vicious dog, and damaging my property. Most of his complaints have been fixed. He has been evicted because of nonpayment. I can no longer pay the living expenses of three grown men on a teacher's salary. I asked him to leave but he continues to use the washer and dryer, garbage service, heat, electricity, propane, and water while promising each week to go.
  • Comment: by David Anderson — Online mediator
  • On: 12-23-2012
  • Do you not know what a wrench, caulk, mice traps or bleach is? These things are cheap and a little Do It Yourself attitude can fix almost every problem. It looks like your lacking all knowledge of basic household upkeep. You are a man, I think, so get off your butt and fix it yourself instead of expecting others to do it for you. I could fix most of your problems in ten minutes. You've been there for three years and haven't done anything yourself, probably due to your own negligence and laziness, and I bet you aren't telling the whole truth. It's a converted garage, and also since she's renting other rooms that money must be tight for her. This country is in a big recession, and you are asking for 12 thousand dollars! Get real man! My advice is to GET OUT before she probably sues you for destroying her property, because I bet it was all working before you moved in otherwise you wouldn't have moved in.
  • Comment: by Jennifer Sheehy — Online mediator
  • On: 12-20-2012
  • Was your lease initial term for one year, and have you switched over to a month-to-month tenancy at this point? If so, in regards to the eviction papers, she does have the right to evict you, as the lease documents do more to protect your rights rather than she as the landlord. However, I am more concerned with the state of the apartment as you describe it. A rental unit must be habitable, which under California law means fit for occupation by human beings and that substantially complies with state and local building and health codes. Certain things that fall under a situation that is not habitable are failure of waterproofing systems, electrical systems not in good working condition, and free from vermin, etc. While it is a drastic step, I would definitely encourage you to talk to an attorney. There are certain rights that are afforded to tenants under California laws, and an attorney can look at your situation and those rights and determine the best outcome for you to take.
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