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I got another letter from Mr. McCormick of Palo Verde Housing.
They apparently found my records
My answer:
Palo Verde Housing
Attn: Bryan McCormick
1101 Palo Verde Road
Irvine, CA 92697-3930Re: Your letter from August 25, 2004
Mr. McCormick:
I am pleased to see that you were able to locate the records pertaining to my lease.
However, I continue to maintain that the rental agreement permits the temporary installation of an air conditioner in the way conducted by me in my apartment.
I obviously have a copy of the rental agreement in my possession. I have carefully studied the text of the agreement before I installed the air conditioner to avoid running afoul of the agreement.
1. Section 9 of the agreement states: â??RESIDENT agrees to maintain the structural integrity of the premises.â?
Since I installed the air conditioner without any structural damage to the building, I abide by this clause.2. Section 9 of the agreement further states: â??No additions or modifications will be made to the interior or exterior of the rented premises without prior written approval of the Palo Verde Housing Office.â?
This part of the agreement is very vague and in my opinion unenforceable and/or void. This clause would prohibit any placement of furniture, i.e., additions to the interior, in the apartment without written approval, which can obviously not be the intent of this agreement. Like chairs, desks, TV, or stereo, the air conditioner is part of my furniture.
The fact that this clause was replaced with an explicit list of disallowed items in later versions of the rental agreement strongly suggests that the Palo Verde Housing administration has realized the problems inherent in this clause, and it supports my assertion that this clause is unenforceable and/or void.3. Section 9 of the agreement further states: â??This includes any attachments to walls or ceilings requiring anything more substantial than a standard picture hanger.â?
Since the air conditioner is not attached to a wall or ceiling, I am in compliance with this clause.4. The Palo Verde Housing Policies state: â??Residents are not permitted to make alterations to the interior of any apartment. In other words, you may not make changes to any partition, door, window, [â?¦]â?
I chose the temporary nature of the air conditioner installation primarily to prevent making changes to the window. Therefore, I am in compliance with this clause.In conclusion, I abide by the rental agreement regulations relevant to the temporary installation of my air conditioner and I therefore have to reject your request to remove the air conditioner.
In light of this, may I suggest that you drop this case? I find your letters to be an overreaction with respect to suspected rental agreement violations, anyway. If it is helpful, I am available for a meeting to discuss this topic.Regards,
Joachim Feise