Thursday, March 30, 2017

$479/month sounds like about right for rent, to me.
i don't bluff.

i don't play games.

i don't bargain.

i don't "make deals".

what i do is analyze probabilities and present them to opponents to observe. if they are smart, they do what i want the easy way. if they are stupid, we have to do it the hard way.

that said, i also certainly strategize using tactics that are designed to put my opponents in situations where they have to make poor choices.

but, if you ever think you're calling my bluff, be warned - i'm a cyborg. i don't have time for that shit. if i say i'm doing something, i'm doing it; and if i'm not going to do something, i won't tell you i will.
it's going to be a beautiful wall, let me tell you. not a single smoke particle will get through this wall. you'll be breathing so fast that you'll hyperventilate, and your head will spin.
by the way, who's paying for the wall?

the smokers are.
an entire family of people managed to do everything wrong from start to finish. there's a half dozen people involved here, all related.

and, you know why? honestly?

privilege.

i'm not good enough for them, and their upper middle class wasp bullshit.

but, this is why we have laws, and why we're all equal before them.
pro-tip: when your tenant asks you what you're going to do about a serious problem like second hand smoke that is universally acknowledged in the tort system and you say "nothing", what you're really saying is "whatever your dreams are, they may come true!".
like, i asked him point blank if he was going to do anything, and he said no.

he even had the stupidity to admit he didn't care.

ka-ching!
i can't sleep. and i actually haven't slept.

i'm pissed off.

the actual property owner came down today and indicated that he was not going to make a reasonable effort to mitigate the second hand smoke, which is the important part of the case law. what they are obligated to do is listen to my concerns and do something about them. in the end, what they do may not work, and then we're all fucked. but, should they choose to not make an effort - as they are now - the consequences can actually be quite severe.

basically, the harder they try the less they get dinged. if they don't try at all, they're going to get nailed. and, i'm going to nail them as hard as i can.

i'm looking for a combination of rent abatement and the building of a wall between the two staircases. well, they gave me the gift of total assholery. i'm going to cash in as best i can.

at the very least, they have to do something. i'm going for the prize all at once...

oh, and i'm going to want my filing cash back, too. and my $8.00 for the charcoal.

j
hi.

i started the day off with an attempt to put the issue aside for the immediate future, only to have the upstairs tenants not only demonstrate a lack of good faith in negotiation (which is required by law) but an active obstruction in my attempts to remedy the problem.

i no longer believe that it is useful to be collaborative.

rather, i am demanding the following solution: please install a wall between the upstairs and downstairs, and twin the doors. that way, the upstairs tenants will not enter my breathing space.

should i not receive the proper response, i will launch a litigation process on april 10th.

j
https://www.nsra-adnf.ca/cms/file/files/pdf/2007_quiet_enjoyment.pdf
so, i've done a little bit of research into this and there's two possible outcomes:

1) we can install some carbon filters the easy way or
2) i can initiate an arbitration for breach of the covenant of "quiet enjoyment" and ask for the specific remedy of eliminating the smoke via installation of carbon filters, plugging holes and other far more expensive options. the precedents are actually on my side, here.

easy way or hard way.

they get to pick.
if you sort through this mess, you'll see me talking about this somewhere or other...

private property? well, look up. i'm not a fan.

that said, you have to understand private property for what it is, which is a theory of how some dead people thought things ought to work. like this theory or hate it, you must fully realize that walking around a court room throwing around the idea of private property is never going to get you anywhere at all.

maybe it's the greatest idea of all time. maybe it's shit. we can have these debates - but they exist purely in the abstract.

in reality, private property is not a well-formed legal concept. it does not describe how we govern relationships, and it especially does not describe how we govern relationships between tenants or between tenants and landlords.

the reality is that the rules are set not by a property owner but by the state. the state writes and enforces just about every aspect of a tenant agreement and resulting tenancy that you can imagine, including the process of eviction.

and, if you think you're a smart landowner and can trick your tenant into signing away rights? nope. that piece of paper you signed is functionally worthless.

if you read the laws closely enough, something kind of odd jumps out: it's almost as though the legal reality is that we live in co-ops. odd.

so, why don't we act like it, then?

when i talk about behaving as though i live in a co-op, there's more than hubris to it and more than some starry-eyed concept of anarchism. the co-op model is just that - a model. it does not perfectly describe the reality we live in, either. but, it is a lot closer to the reality we live in than the private property model and you will consistently get to more accurate real-world analyses by utilizing the co-op model than by utilizing the private property model.

i'm ultimately not sure why the upstairs tenants contacted the landlord instead of contacting me, but it reflects a defect in their thinking. instead of seeking me out and looking for a way to collaborate on a solution to the problem, they deferred to an authority that doesn't truly exist. in the end, i am on firm ground in demanding that the so-called property owners take steps to mitigate the smoke issues, and i will win this fight one way or another. it would have been a lot easier on everybody had the tenants realized the greater explanatory power of the co-op model and jumped to working with me rather than against me.

as it is, the next step is going to need to be all of us sitting down not with the live-in landlord but with the actual property owner. i feel that the property owner should not need to be present. but, the other tenants are insisting upon it.

maybe a better concept of understanding, and a change of mindset, will come out of the meeting. we only need management if we insist upon it, but that means we won't abolish it if we continue to rely upon it.