More Sleaze From ConRAT Prebys...?

So this Jekyll and Hyde character, David Rodger aka certappr-one day a Christian teddy bear who loves kids and then the next day a greasy myspace friend's whore-is, at the very least, an acquaintance of Conrad Prebys. My well-informed hunch (thanks, David) is that this sleazy slob who threatened my children and I is most likely Conrad Prebys's driver when he's not exaggerating his graphic, computer and appraisal skills? It's not hard to imagine "Lotion Boy" being the one who procures young little ladies to satisfy Conrad's fleshly desires. After all, Mr. Prebys apparently had an after mid-life crisis because he couldn't keep his pants zipped up and then left his ex-wife in a termite-infested house. What a guy...! In my dictionary that falls under the category of scumbag. So now, we have a owner/landlord who most likely defrauds his tenants, cheats on his wife, hires liars for property managers and employs sloppy, semi-literate thugs to threaten families and children. And this guy is lauded as an upstanding member of the San Diego community because he spreads around OUR RENT MONEY in order to lower his tax liabilities and grease the palms of San Diego's elite? The stench from this Conrad individual is nauseating.

Mr. Prebys, I've given you ample opportunity to right your wrong. In return, you have conveyed the idea that only two sorts of people exist in this world... Those like me who are accountable to you and those like you who are accountable to no one. You couldn't be more wrong. That functionally illiterate dirtbag you employed to ruffle my feathers only makes me more determined to get back what is mine. Now tenacious tenant wants his money back with INTEREST!

The PC Water Company...

So who owns the PC Water Company that you must pay every month for water use in these "luxury apartments" with "resort-like" living? Well, Progress Construction Company Inc. owns the PC Water Company. And who owns Progress Construction Company Incorporated? Well, none other than Conrad Prebys, owner of Bay Pointe apartments.

So why doesn't Conrad just include the water bill in the contracted rental amount? For instance, why not just charge tenacious tenant $1635.00 for rent plus water instead of $1605.00 plus a $30.00 water bill? Well, that's easy to answer. It's the money, silly.

If Conrad included the water bill with the rental amount then he could only collect a 10% late charge on the total amount due. With a separate water bill, he gets to charge a 33% late fee.

Example:

A rental amount plus an included water bill would only net a $163.50 late charge on a total rental amount of $1635.00 at the 10% late charge fee (a rent of $1605.00 plus a $30.00 water bill).

On the other hand, a 10% late charge on a $1605.00 rental amount plus a $10.00 late fee for a late water bill would net old Conrad $170.50.

As you can see, by requiring tenants to add another bill to their collection of bills, Conrad recognizes an opportunity to make more money off his tenants. He realizes that the additional effort it takes pay another bill will almost invariable lead to late water bills and the atrocious 33% late fee that goes along with it.

Conrad Prebys is a greedy, avaricious opportunist that has found every way possible to nickle and dime his tenants while continually providing less than what is required by our lease contracts.

To the "Marker Bandit..."

"Marker Bandit," please refrain from further destruction of the Bay Pointe properties. If you are indeed a frustrated tenant then there are far more constructive and effective means to confront the poor management and operation of Bay Pointe Apartments as such property does not need further destruction and dilapidation to gain the attention of the owner and management.

If you are just one of the many nefarious characters that openly roams the premises-vandalizing, thieving, trespassing and the like-then the tenacious tenant will have no qualms in reporting you to the appropriate people.

Who Holds the Mortgage On Bay Pointe...?

So who holds the mortgage on Bay Pointe properties...? Well, no one does. Bay Pointe apartments is held outright by Conrad Prebys. This has several interesting implications for "late fees" and paying your rent on the 1st of the month.

As it concerns "late fees," such fees are required by California law to reasonably reflect the "liquidated damages" suffered by the owner of a property. In short, if an owner must draw from another interest-bearing account in order to cover the mortgage due to unpaid or late rent then he/she can recoup that loss of interest through "late fee" charges. He can also recover administrative costs that are required to serve 3 day notices. But, what if an owner doesn't have a mortgage as is the case of Bay Pointe Apartments and Conrad Prebys? Well, he just collects $95.00 to $165.00 dollars minus administrative costs for "late fees" under the guise of collecting "liquidated damages." Of course, Conrad suffers no such "damage." In fact, he merely gets to GAIN less interest off YOUR RENT MONEY. Conrad Prebys must then pretend to be collecting $95.00 to $165.00 in 15-30 minutes worth of administrative costs. This is outrageous and almost certainly illegal. This Conrad is a greasy, avaricious slumlord that has nickle and dimed his tenants for a long, long time.

In addition, for those tenants that think that paying your rent on the 1st is the right and noble thing to do, just remember that all you are doing is allowing Conrad Prebys to GAIN ADDITIONAL INTEREST off your RENT MONEY. This is why tenacious tenant never paid his rent until after office hours on the 5th day. This way, Conrad Prebys didn't get to gain 30 days worth of interest off my rent money and instead only received about 22-23 days worth of compounded interest. Not only are you losing interest on your money, but you are fattening your landlord's pocket over and above the rent you've already paid. Of course, neither tenacious tenant nor any other tenant has received anything in return for such gains attributed to Conrad Prebys.

So quit paying your rent on the first and instead pay it at the last possible moment that is required by your lease contract. And secondly, let the management (1-858-273-5525) know that you want your "late fees" back minus the $5.00 to $10.00 dollars worth of administrative costs (typed out 3 day notice template, a couple of sheets of paper, a short walk to your apartment, a couple envelopes with stamps and a short walk to the mailbox out front) or there will be a small claims action for the collection of unreasonable and excessive "late fees."

Stay tuned because tenacious tenant will tell you exactly what you need to do to put Conrad Prebys right in small claims court in order to justify his greedy ways.

Are These Criminal Threats...?

So it seems that Conrad Prebys and the Bay Pointe Management are stooping to the level of criminal threats in a futile attempt to silence the tenacious tenant? Tenacious tenant will not be thwarted in his effort to get those monies that he believes were fraudulently taken by Conrad Prebys.

David "teddy bear" Rodger appears to be the "man" that flooded tenacious tenant's email account with over 600 emails including these two (here and here) that demand that I "[r]emive community blog" (sic) and "take down baypoint community blog or suffer the consequences" (my emphasis)? I am at this point consulting with certain individuals to see whether I should report such threats to the FBI?

David "Lotion Boy" Rodger, it seems, was a real estate/vehicle appraiser for John Blair Appraisals out of Chula Vista before he became a "graphic designer" and "computer administrator." It would be quite interesting if Conrad Prebys has, at sometime in the past, procured Mr. Blair's services and hence had or has a personal relationship with David "Burning Desire" Rodger.

Davey Boy, what "consequences" did you have in mind?

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???

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

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.

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