Lakewood Tenants Association

655 John Muir Drive,  #411, San Francisco, CA    lakewoodtenants@hotmail.com     (415) 334-0465

 

 

                                                                                                October 1, 2004

 

 

Amy Sexton, Manager

Lakewood Apartments                                                             

515 John Muir Drive

San Francisco, California 94132

 

Steve Donohue, President

Western National Property Management Co.

8 Executive Circle

Irvine, California 92614-6746

 

Ed Matthews, President

T&S Realty, L.L.P.

900 East Hillsdale Blvd.

Foster City, California 94404

 

Muir Partners, L.P.

c/o Joyce Hameetman

John Muir Corporation

2029 Century Park E. # 1550

Los Angeles, California 90067

 

References:

 

1) Notice, 8/28/04: Lakewood Apartments to various tenants entitled: "Notice of Change of Terms of Tenancy"

2.) Letter, 9/21/04: Lakewood Tenants Association to you re reference #1

3.) Letter, 9/29/04: Lakewood Apartments to various tenants re reference #2

 

Dear Ms. Sexton et al.:

 

In response to reference #3, delivered to the tenants that signed reference #2, please note the following:
 
1.) You have stated that you are "...in receipt of a letter dated September 21, 2004 that indicates your receipt 
of the Lakewood Apartments' Notice of Change of Terms of Tenancy."  Presuming that you are referring to 
reference #2 above, your statement is totally inaccurate: the letter states that the tenants were responding to 
you on the basis of what they "...have heard you have issued...."  No tenant has acknowledged receipt of 
anything from Lakewood Apartments by endorsement of reference #2.  Because we were unaware as to 
whether reference #1 was not-delivered to all units by intention or neglect, we permitted tenants to endorse 
reference #2 without regard as to whether they received reference #1 or not.  Therefore, you have no basis to 
infer from reference #3 that any particular individual tenant received reference #2.
 
2.) Your legal opinion is wrong.  You have no right in San Francisco to force any tenant to accept any 
material change in the terms of their lease or rental agreement for the reasons already presented to you in 
reference #2.  In addition, section 1942.1 of the California Civil Code, which provides that "[a]ny agreement 
by a lessee of a dwelling waiving or modifying his rights under Section 1941 or 1942 shall be void as 
contrary to public policy with respect to any condition which renders the premises untenantable...," protects 
tenants throughout California from the kinds of changes purported in your reference #1. You have presented 
nothing other than hot air that might demonstrate otherwise in spite of the fact that legal authority has been 
presented to you in reference #2 (and herein) in support of the tenants' position.  The tenants have spoken: 
your "Notice of Change of Terms of Tenancy" and the associated "Lease Addendum - Mold Notification" 
have been explicitly rejected by certain tenants by reference #3 and notice to that effect has been legally 
served upon Lakewood Apartments.  Your purported legal notices (reference #1) are barred by State and local 
law and carry no legal force and effect whatsoever against any tenant.
 
3.) You were explicitly instructed by the tenants that signed reference #2 to direct any response thereto to 
Lakewood Tenants Association.  Your delivery of reference #3 to the individual tenants in defiance of the 
tenants' explicit instruction coupled with your false claims within reference #3 is construed by the 
undersigned as an attempt to harass and intimidate each of those individual tenants.  We request that you 
cease and desist from such harassing and intimidating behavior and that you leave the tenants in peace -  free 
from any and all attempts at changing the terms of their tenancy without legal authority.  By copy of this 
letter, all responsible owners and management have been put on notice of our objection to that behavior.
 
4.) The undersigned officers of this association have observed that there was no air being blown into the 
hallways of the "B," "C," and "E" buildings by the new roof fans.  We have noted that, in the case of buildings 
"B" and "C," the fans have not been providing air for several weeks.  Mold is a continuing problem at this 
property.  We suggest that, if you believe that supplying fresh air to the apartments would provide any 
benefits in the way of minimizing mold, you spend more time maintaining your property and the necessary 
equipment to do so and less time serving tenants with false and misleading documents that purport to place a 
burden upon the tenants to take actions, some of which no reasonable person is likely to take, in an effort by 
the owners and management to shield themselves from any and all  liability for their own potential negligence 
by then claiming that particular tenants did not do all of those unreasonably demanded actions.
 

 

                                                                                                Sincerely,

 

                                                                                                Mona Cereghino, President,

 

 

                                                                                                Ross C. Wilkinson, Vice-president