Cirrus Asset Management - Deplorable Living Conditions, Harrassment for Money Already Paid Calabasas California

Below is a copy of my termination notice to Cirrus dated February 4, 2008.
The property was not as it was advertised, so we moved according to our rights under Section 63 of Hawaii State Landlord-Tenant Handbook: If a condition exists within the premises that is not due to the tenant's neglect and that substantially deprives the tenant of enjoyment of the dwelling under the rental agreement, the tenant may notify the landlord in writing of the situation and terminate the rental agreement if the condition is not remedied within one week. No notice needs to be given if the condition poses an imminent threat to health or safety. If the condition was caused by landlord's negligence or done willfully, the tenant may recover any damages caused by the condition.

As you will see, there was a health issue for us involving the non-functioning elevator...

Since we moved out, Cirrus has referred us to Metropolitan Adjustment Bureau on Ventura Blvd in Woodland Hills, CA. This is confusing because they originally sent a statement saying we owed nothing nor were owed anything. They are saying I did not pay January rent and have charged me a late fee, when that was actually all paid in advance before we moved in. This is simply more evidence of the unprofessional and unethical practices of Cirrus Asset Management Inc. I had to file a complaint about occupancy violations with our Code Compliance Office here in HI. They did not find a violation when they investigated, but that is most likely simply because they just asked the office how many people were on the lease. Either that or if they actually investigated the dwelling, it was during business hours when most of the five people who lived there (in a one-bedroom apartment) were at work.

Here is my original correspondence with Cirrus (termination letter).

We moved into the dwelling December 31, 2007, and since we have been here, the elevator has been broken down a significant portion of the time (less than one month to date).

The dates I have documented are 1/2/08, 1/3/08, 1/4/08, Week of 1/21/8 ~ elevator broken for five days, Week of 1/21 ~ elevator broken twice, 1/28 ~ elevator broken at 3:30 PM, 1/29 ~ broken at 4:35 PM, 1/30 ~ broken between 1:00 PM and 5:30 PM. There are strange men smoking in the lobby, stacked building materials in lobby, and garbage piled in front of the lobby doors; I, myself, had been taking my garbage to the pile because no one gave me a walk-through when I moved in (the manager was actually out of town) to show me the proper dumpster. Additionally, I have been told that the elevator was not working due to the managements non-payment of the repair company.

The windows in the bedroom leak water all over the carpet when it rains and it is getting mildewed. Two of them flew out and broke on his floor and have still not been repaired, despite the written request I gave to management on January 7. My brothers bed is now waterlogged. There are rat droppings on the carpet and ants in the bathroom. With all the doctors bills for the pain caused to me by the elevators non-working status and the new bed my brother will have to buy, it is just not a good place for us to be.
I currently pay $2100/monthly for my two-bedroom apartment. I have degenerative arthritis in my back and neck, and it is physically injurious (not to mention painful) for me to ascend eight flights of stairs several times a day (especially with groceries). I chose this particular apartment building because it had elevator access, and for the most part, from what I have experienced here, it has not been what I was led to believe.

Five people live next door to us and eight people live above us. Surely, this is in violation of occupancy regulations? They party all night until I go over to say something.

Finally, the past two days (1/30-1/31) there have been two white trucks parked illegally in our lot, and in an effort to avoid hitting it, I scratched my truck on the concrete column next to my parking spot 21. This is the last straw. There is no order whatsoever here, and it must have something to do with the three changes in management (not to mention ownership) in less than a year.

* I am looking to take this company to small claims court to recoup my losses due to the unplanned and forced move from Napili Towers as well as the medical bills my brother accumulated here from having to climb eight flights of stairs at least twice daily with a bike, groceries, etc. His medical bills are more than $1000. I have two copies of letters I left at the office for management detailing my complaints and a requst to have the elevator fixed in one week. Management says there are no complaints in my file, but I did keep the copies. The third complaint was sent certified mail with my keys and termination letter.

These kinds of businesses are epidemic in Hawaii. They move here or buy property from the mainland and jack up the price of a slum so that nobody can really afford it (hence all the occupancy violations) and then let the property deteriorate. They change management over and over so no one is held accountable for ensuring that the landlord is fulfilling his legal obligations to the tenants. Companies like these are the reason there are so many homeless in this state! Please help protect consumers by contacting me to discuss suing this company to hold them accountable.

Carey
Fort Worth, Texas
U.S.A.