PROVEIT2METESST
Re: Locating
The lease I had for two years for a duplex in Magnolia was up for renewal. This was a two bedroom, old-school brick home with a huge basement and gigantic, oil-burning furnace in a stiflingly quiet neighborhood. Click here to see Magnolia House Photos. The basement shared wall space with ivy-like vines that tightly crawled in or leafily burst through from the other side of the wall. Small, sassy slugs often visited by the 1/2 dozen, who acted like the area was some kind of spring and summer night hub for peer-to-peer, in-person networking for file-sharing, trade-secret touting, fun, healthy, active, successful, fun, and uninhibited sassy slug singles. There was also a bathroom black mold issue that I'd been passive-aggressively trying to get resolved with the property management company's installation of a fan, but since I hadn't specifically requested it, I was unsuccessful.
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I was looking forward to renewing my lease for another year when a new property manager, Lee Nichols - a failed foreclosure specialist recently relocated from California - was finally able to view the mold problem. She coincidentally scheduled the visit just days prior to the day my lease expired.
Managers of Properties = Manipulators of Futures
Lee's visit was a bit awkward due to her pushy demeanor; it felt like she was physically and psychologically trying to intimidate/alpha-dog me, but otherwise seemed fine, very good, even. Lee was gracious enough to compliment how cozy and welcoming the house felt. She confirmed the mold and the next day, dropped off a tiny desk fan as the solution. A few days later, I received the notice of non-renewal and 20 day notice to vacate, signed by my new friend, Lee.
More than anything, I felt panicked - more than panicked, like, terrified on the front lines of an attack taken on my own family, and I didn't have a defense plan, I didn't have anyone I felt I could constructively consult with, I didn't have an army downriver ready to back me up and bolster faith and positivity.
MONEY was the main issue - I didn't have money saved for a move. If I'd had money, the tragedy that's met me simply wouldn't be. I'd obliviously anticipated a third year offer to renew my lease. My 14 year-old daughter, Krystin, (aka "Frankie") our three birds and Binx the Cat seemed happy enough to live there, I assumed that we would settle in at the residence until after Frankie graduated from high school.
In less than 2 weeks, I pre-signed a 1-year lease for a nearby condo. The landlord repeatedly insisted that we move in before the lease start date on September 1 (See multiple messages from condo owner Kathryn Richmond that heavily push an early move-in on my part here.). Excerpts from the messages follow for your convenience, as well:
Aug 8th - 1st email from condo owner:
Others have applied and are equally qualified
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but i enjoyed meeting you and also understand your credit report is not
"perfect"
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I would really like to rent to you
I am having the carpet cleaned
My previous tenant already had it cleaned but not up to my standards. I would like it to be sparkling and perfect for my next tenant, hopefully you.
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<<The previous tenant had actually died the month before I moved in. I don't know if they died in the unit or not.>>
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If I can have it totally ready by the 15th, there will be no cost to you for moving in early.
Aug 9th - 2nd email from condo owner
I am still cleaning and installing a new microwave
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I have to go out of town Saturday, so if we could finalize everything by Friday, you can have the keys and move in
I am setting up the carpet cleaners for Friday
August 10th (Wednesday)
I am at the condo now having the carpet cleaned. I'm using a hypo allergenic company
When we meet you can have the keys and move in
August 10th (Later in evening)
i cannot turn keys over to you until the 15th unless partial payment has been made
i would really like to give you the extra few days without charge
August 10th (later on, in the same evening)
Your math is fine.
(Re: my questions about amount to have for rent & deposit when we met
the next day)
lets move on. Yes I can give you the keys tomorrow
(I never once even reference the keys in any of my messages)
I really want to give you the keys tomorrow
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After moving in early, things got a little complicated and weird.
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____ days after I gave Kathryn a check for rent and a check for her condo's lease deposit, I noticed that the check monies had not been taken from my bank. I monitored my balance closely for 3 days and the checks still hadn't been deposited. I used some of the money, maybe $150-300 for things we needed around the new place and food.. Child #1 was about to start school, and I also used the money to purchase the supplies listed on the school's website for my only child's first day of high school.
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At the end of August, before the lease start date, LL sent me an email that indicated a landlord/tenant relationship wasn't going to work because birds and deposit and to move out in 3 days. I didn't respond immediately to email. I was in shock and wanted to calm down, see if LL could be reasoned with, and learn what my rights were because the situation seemed further complicated by the fact that my lease had not yet taken effect.
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Within hours of receiving LL message, heard knocking while taking a nap. Exhausted from moving. Didn't want to answer - no one knew where I lived yet and I wasn't expecting anyone otherwise. I knew door was locked, I have a bad habit of always locking door. Plus, the condo was in a secured building. After a few sets of knocks, I heard loud yelling. Then, 2 complete strangers appeared at the top of a 3-step set of stairs to the sunken living area from the dining area. Both of the intruders were heavyset, and 1 was was wearing a white button-up shirt that had a diamond-ish badge emblem on the front chest that resembled what someone would wear on Halloween if they went the cheap route on a police officer costume. Yes, 1 of the intruders was dressed like a mall cop. I later learned that person had been an employee at Northgate Mall as a security officer, and what they wore during the break-in was their work uniform.
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Both individuals refused to identify themselves. Told intruders I was calling police and they made hasty exit. I typed a transcript of the 911 call I made about the break in that you can access by clicking this text. You can access the actual audio of my call by clicking here.
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I uploaded the videos separately recorded by Child #1 and I during the trespass to my YouTube channel:
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After calling the police, I messaged landlord asking if she was involved in the trespass and told her that I had called police.
She said something like good, have the police call me.
I had the police call her. She did not answer.
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Legal Notices Served
Over the next week, I was served 3 different eviction notices: 10 day notice to comply with conditions of lease (dated August 31) (see below), Notice 2
Notice 3
Each document contained contradictions to either the landlord’s assertions relating to my alleged lease violations, and/or sections of the lease itself. 2 of the eviction notices were served before the lease even began, which was confusing - how can you legally evict a "tenant" who isn't a legal tenant?
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Legal Eviction Process
Having nowhere to go and no money to get there, I decided to defend my family and the space we had a signed contract for stating that we would be able to stay in for at least the next year. The landlord filed a complaint for unlawful detainer (eviction paperwork that you give to the court clerk, who then gives you a schedule of deadlines for your lawsuit), and I responded with defenses and also with a counterclaim complaint.
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Show Cause Hearing
Most eviction issues are solved by payment of rent, and most landlord/tenant claims are declined a trial at the show cause hearing because the judge tells the tenant to pay rent or be evicted. However, nonpayment of rent was not the issue, and the show cause hearing resulted in the rare setting of a trial date for an unlawful detainer action.
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2-Day Trial
I represented myself in a two-day trial as pro se defendant. The leasor’s "family attorney," Jim U. Bittner, Esq. - a name that, oddly, no one in the small world of Seattle law stuff recognized, though his bar number appeared legit - enthusiastically took advantage of my inexperience with trial.
Though my evidence was clear, logical, and inarguable (even when considered alone and without the supplementation of testimony), it was objected to by the landlord's attorney and my objections to their objections were not honored. Only 4 of my 24 exhibits were allowed to be considered in the matter. Further, I was not allowed to testify about the landlord's trespass, which was what the landlord's entire case was built upon (somehow). I was completely thrown off by this during trial, my head was spinning with my inability to comprehend the repeated instruction from the judge to not mention the trespass whatsoever. The landlord and witnesses only testified as to the trespass, so why was I not allowed a single word on the topic??
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The landlord 's witnesses were painfully perjerous; their oral testimony at trial clearly in conflict with their written declarations. One of the key witnesses even submitted two written declarations that quite clearly contained conflicting statements.
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My Request for a New Trial
In some other land, I owe around $30,000 in attorneys fees and stuff. Why not? I objected to this (click here), but it was futilistic. I don't think the judge even looked at it.
Click here to see my request for a new trial.
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Locating a residence suitable for my family became nearly impossible with a rental history that reflected a recent eviction.
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Opinion Section of This
I think this condo owner, Kathryn Richmond (Gould), targeted me for a scandalous scam wherein she stood to make a few grand off of me in as many weeks. The reasoning doesn't entirely sit with me - it doesn't feel right - but it's the most logical conclusion I've been able to conclude to on my own.
>>Dear Internet, if you have any better theories, please PM me. (If a man answers, please hang up. Whoever he is, he'll be pissed you're calling again. If a boogie man answers...you know what to do.)<<
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It was literally insane for her to send those two abrasive clowns in their offensive outfits into mine and my daughter's new home - with a key - like, she didn't care to even try to hide the fact that she was involved in the trespass. She told me to have the cops call her! And then she didn't answer!
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Did she think I would believe the things her 2 minions said/screamed?
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Was she convinced that my daughter and I would think the mall cop uniform-wearer looked like an actual police officer and that we would then therefore unquestioningly obey the commands of the disheveled pair?
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Did she believe I would feel so threatened and be so afraid because of her genius plan that I would flee the location with my family to some safe house we have waiting for us in Black Diamond or some place like that where people have those kinds of things?
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Did she unfortunately forget the fact that we're in the future now, and people have cameras on their phones, good ones! And people carry their phones with them everywhere, because they're cell phones, and people always have their cell phones on because they don't care about the emissions. Because in the future, you don't have to take your car to get emissions testing done, because everybody drives a Prius.
Turns out she also kept some distinctly sketchy characters in her company.
If the landlord thought I was committing 'waste and nuisance' (as was claimed), which means excessively filthy and not performing basic maintenance to the point of causing damage to the unit, why did she send two people, strangers to my daughter and I, into the unit to threaten us and demand we vacate the unit in 3 days? That isn't something a straight-up individual would do, right?
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If you try to find information about James U. Bittner, the attorney, you won't find any. However, if you do a Washington state business license name search using his name, you'll find the following:
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https://opencorpdata.com/us-wa/601815952 - this page shows businesses with current and expired licensing that have or have had James Bittner named as Corporate Officer.
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https://opencorpdata.com/us-wa/603101640 - this is licensing information for Legacy Asset Management, LLC, an entity where James Bittner and KATHRYN GOULD are named the Corporate Officers, with a registered agent in Tacoma, WA. A visit to the corporation's webpage indicates this entity does business in Houston, Texas. This license was made active in 2011 and expires on 2022-04-30.
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Legacy Asset Management is of particular interest to me because another of the landlord's associates, a person allegedly named Mike McMahon, and who my landlord called "Mike the Plumber." “Mike the Plumber” turned out to be one of the major slum lords in Seattle, and one of the only trailer park owners. He is indicated by the Washington Secretary of State to be registered as a higher-ranked officer for a wealth management company. My investigation also quickly revealed that Mike the Plumber is legally named Joel Erlitz and one of his many DBAs (doing business as) was Mike McMahon. Why would my landlord lie to me about the identity of her “family friend?
