The incompetence continues... Or does it...?

So Bay Pointe management apparently hires this 52 year old "teddy bear" to lock-in the homepage on all the computers in the business center so that tenacious tenant can't put up his Bay Pointe Community Blog. This basically means that he came in and changed the registry so that only cnn.com or google.com show up when a user jumps online. I haven't gathered whether they blocked the site all together, but I wouldn't doubt it.

Of course, such efforts are futile and one really must wonder whether the "teddy bear" is actually under the employment of tenacious tenant rather than Conrad Prebys, owner of Bay Pointe? After all, if you peruse his comments (screen name certappr), one can't help but notice that this fellow had a real hard time in grammar school. In fact, teddy bear's spelling and grammar is so bad that it must make Conrad Prebys wonder whether he turned to tenacious tenant's side? I mean, this "teddy bear" would have had one less job if it weren't for the tenacious tenant.

Are you listening Conrad Prebys? I can turn even those that you believe are on your side.

Lights Out...

Can you guess how many broken or inoperable external lights there are on the Bay Pointe property...?

Did you take a guess...? 10...? 20...? 40...? How many did you guess?

Well, tenacious tenant did a little survey on August 29th and he counted --62-- broken or inoperable external lights on the Bay Pointe property. How's that for "luxury apartments" with "resort like" living?

Let Conrad Prebys know that such a decrepit state not only risks the safety of all the tenants, but also tarnishes his very reputation as our landlord.

Did Jacquelyn Bishop, Bay Pointe Property Manager, Lie Under Oath?

Today, Tenacious Tenant went to trial against Bay Pointe Apartments. I can't say I won, but I can't say I lost, either. Bay Pointe Apartments agreed to a reduced rental amount due and I agreed to vacate in mid-September. That being said, one thing stuck out particularly about the trial and it goes to the heart of Tenacious Tenant's disappointment concerning Bay Pointe and its lackluster performance in upholding its obligation under my lease agreement.

In court, before any trial commences, both parties must swear under oath to "tell the truth, the whole truth and nothing but the truth so help [us] God." Some people, like Tenacious Tenant, take that oath very seriously as I am a firm believer in the Lord. Some people, perhaps having no relationship with the Lord, may think such an oath is trivial. That being said and irregardless of one's personal beliefs, lying under oath is a criminal offense. Today, under oath, Ms. Bishop appeared to have lied at the behest of the lawyer representing the owner of Bay Pointe Apartments, Conrad Prebys. Needless to say, I was livid with such a brazen assault on the integrity and credibility of the court. Of course, there was little I could do to prove the apparent submission of false statements by Ms. Bishop. Nonetheless, it seems to show outright the willingness of our Property Manager to do or say anything necessary to win a case?

Are these the types of individuals that Conrad Prebys, owner of Bay Pointe Apartments, hires to do his dirty work? Does Conrad Prebys approve of such questionable actions by those under his employment?

So the next time any fellow Bay Pointe residents engage in dealings with Ms. Bishop, please remember that this is a woman who apparently will lie under oath to get what she wants and seems to have no compunction in doing so?

Are These "Luxury Apartments?"

Is this the "luxury" we pay for???

Multi-millioniare Philanthropic Socialite Sues for $946.00...?

What is avarice...

Attn: Conrad Prebys... Show Your Tenants Some of That Charity!

Conrad Prebys, owner of Bay Pointe Apartments, has donated over 30 million dollars to various causes over the last several years (see here, here, here, here and here). While Mr. Prebys should be commended for cementing his reputation amongst San Diego's elite, he should be reminded that his reputation is very much in question as it concerns Tenacious Tenant. Even a paltry 1 million dollars could go a long way in providing the "luxury apartments" that Bay Pointe advertises and tenants pay for. A new gated community with card access, refurbished fitness center, basketball court and tennis courts, new carpet in all units, etc. Mr. Prebys, if you can donate 30+ million to look good for the big wigs then you can spend at least 1 million to impress us little people.

Mr. Prebys, real estate magnate and owner of Bay Pointe Apartments, give the tenants of Bay Pointe the "luxury apartments" they have been paying for but YOU haven't delivered.

Aren't those that line your pockets with our hard-earned money entitled to an apartment community that is indicative of the Crown Point Community and 100% of what we pay for?

Contact Tenacious Tenant

You can contact me at tenacioustenant@gmail.com

Joke of the Day...

Why does the landlord charge $50 dollars for a lost gate key...?

Because an access card would cost him nothing!!!

The Latest Round of Vandalism...

It is more than evident that Bay Pointe ownership needs to make a commitment to investing in the construction of a community fence that incorporates motorized car-entry, perimeter cameras and access-card gates and entry-ways.

The lastest round of vandalism that can be seen in the south side of our community evidences either a need to make our community more secure or Bay Pointe management must follow stricter criteria in who it's renting to. Either way, those of us who pay a premium price for "luxury apartments" deserve and demand exactly what we have been paying for.

Why???

Why is Progress Management and Bay Pointe Apartments not listed with the Better Business Bureau?

Is this an oversight or is the BBB not updated? Contact Progress management and Bay Pointe Apartments to encourage them to either register with the Better Business Bureau or have their information updated in order to show a commitment to serving the tenants of Bay Pointe and the community of Crown Point.

Be sure to VOTE...

Make sure you vote and let the landlord of the Bay Pointe properties and its management team know what you think about their commitment to upholding their contractual obligations.

Move-in Checklist, "Warranty of Habitability" and Breach of Contract...

Did you fill out a Move-in Checklist that sited cited potential health, safety and fire hazards? Did that notice of a potential breach of "warranty of habitability" laws compel your landlord to "fix and repair?" Under California tenant law, a landlord must "fix and repair" any item that poses habitability limitations. Failure to "fix and repair" those items clearly identified in a Move-in Checklist may expose the landlord to breach of contract and civil damages.

Request a copy of your Move-in Checklist to examine whether your landlord has fixed and repaired those items that leave your unit in a substandard condition. Remember, implied in any lease agreement, whether it be fixed or periodic, is the fundamental obligation of the landlord to provide the tenant with an at or above standard unit.

Maybe it's time to quit paying for what you don't receive?

Thousands of dollars in "late fees" may be recoverable...

Did you know that in California certain provisions must be present in a lease agreement that allow a landlord to charge "late fees?" Have you been a recipient of "late fees" due to late rental payment and believe that the amount collected was excessive and unreasonable? Under California tenant laws, Bay Pointe's landlord must stipulate in a lease that "late fees" represent fair and reasonable "liquidated damages" incurred by the owner of the Bay Pointe property. If your lease agreement states:

A late charge of ten percent (10%) of the monthly rent shall be immediately due and payable if rent is not paid by the fifth (5th) days (sic) of any calendar month.

You may have a legitimate cause of action to secure these unreasonable and excessive "late fees" collected by Bay Pointe's landlord.

Below are additional resources related to "late fees" that may help YOU decide if you have a legitimate cause of action.

http://www.caltenantlaw.com/LateFees.htm
http://www.dca.ca.gov/publications/landlordbook/living-in.shtml
http://www.google.com/search?hl=en&ie=ISO-8859-1&q=late+fees+tenant+california&btnG=Search