Chapter 004 – Friday February 24, 2017 to Monday March 6, 2017

As our March 7, 2017 hearing date approached, the games and harassment got worse. This became a common pattern. Before hearings, he’d do everything he could to antagonize us and to disrupt our ability to prepare a case including filing multiple vexatious applications with the LTB. But those wouldn’t come just yet.

By February 24, 2017, after 12 days of entry by the landlord and/or his agents (not counting two meetings), the repairs completed are:

1. repairing the toilet (1 hour)
2. Replacing two interior doors (6 hours)
3. Installing locking mechanisms on nine windows (4.5 hours)
4. Weather stripping around the front door (2 hours)
5. Repairing the front door lock and self closure (2 hours)
6. Replacing an electric stove (1 hour)
7. Installing lifts on six windows (1.5 hours)
8. Foyer light repaired (2 hours, and only because Agostino had to re-wire the light fixture through the building meter, rather than Richard’s meter)

The times in brackets are generous estimates of the time required for these repairs. Most of these repairs could easily have been completed in two or three days by a single person. Much of the delay was due to John refusing to supply Agostino with the materials needed for the job, resulting in Agostino having to “work with garbage”, and (I think) Agostino’s lack of motivation. (Agostino complained on several occasions that John didn’t pay him for the repair work he was doing. He didn’t have much time to dedicate to repairs.)

Friday February 24, 2017 – I called Agostino to work out the amount of rent due (AR 25).

I went down to pay Richard, and he had receipts for $500, unsigned. He would not prepare a receipt for $402.61 and would not accept the lesser amount. It was $500 or nothing. It was apparent to us that John was attempting to renege on the agreed upon rent abatement for the increased electricity costs, so Richard got nothing. I did not answer Richard’s baiting comments about freeloaders (“So you finally gonna stop freeloading, eh?”). It was clear he did not understand what was going on.

That same day, John was at the building. We could hear him shouting at various people during the day.

Saturday February 25, 2017 – John could be heard periodically, screaming, ranting and shouting (mostly at Richard). It sounded like John wanted the property “spruced up”. We weren’t aware at the time, but there was an upcoming bylaw inspection for the repair on the rear door, which may explain John’s mood on the 25th.

Later on the 25th of February, 2017, when I tried to pay the outstanding $402.61 to Richard, he refused to provide a receipt for that amount. He showed me a receipt showing $500 as the amount received, and would not write a receipt for $402.61. He also gave me this (Doc 70):

That confirmed John was trying to renege. It didn’t work. Marie called Agostino and told him if he wanted $500, serve us with an N4 and we’d fight it out at the LTB. Otherwise we’d pay $402.61 any time they wanted.

Sunday February 26, 2017 – We received disclosure from our landlord for our applications to be heard on March 7, 2017. We were naive enough to think there might be a resolution at the first hearing.

The disclosure included a few interesting items such as a statement from Cora Mitchell (Doc 071):

It’s unsigned and does not match my recollection of events, nor does it match my notes. I was out of town on February 17, 2017 from morning until late evening (I’d left right after delivering a letter ton Richard Pollington for our landlord). I had taken pictures of the north side of the building on February 8, 2017 (to create a high resolution composite photo showing the entire building from each of the cardinal directions). Maybe that’s what she meant. The one of the composite photos I created was included in Chapter 1, showing the west side of the building. The North side composite is here:

The high resolution composite was created so that anyone viewing the photo could magnify areas of interest such as cracked windows, rotting wood, debris in the yard, or whatever. The lower unit was vacant when the photos used to create this composite were taken.

The screenshots of text messages included had texts deleted:

which you can see for yourself by comparing the above conversation to my set of screenshots:

I’ve been told that submitting altered screenshots as evidence is forgery.

Two of Cora’s electricity invoices were included as well (Doc 072 and Doc 073):

We weren’t certain if John was making it up (the statement was unsigned and neither of us thought John would be above a little digital editing of the screenshots). Or, possibly, Cora was happy with her new floor and the repairs to her deck and didn’t want to rock the boat after experiencing John’s antagonistic personality on February 24 and 25 (the screaming couldn’t be missed). The electricity invoices were a mystery to me (and still are). I don’t know why John included them.

Copies of John’s gas bill for the building (which were sent to Agostino’s address) were included (Doc 074 and Doc 075). I have no idea why these documents were included, but it does fit with Agostino’s role as property manager/co-landlord.

This was also included (Doc 076):

Apparently the fire inspector who visited on January 25, 2017 (Doc 051) had discovered more than the broken self closure that Marie had complained about.

I don’t know why John gave us this, unless he wanted us to know that his fire safety plan was finally updated after 24 years. Good to know.

And there was this letter from Richard (Doc 077):

Date: February 24 2017

I am writing this letter on behalf of the tenant on the first floor of Apartment 1 -99 East Ave South . „

We have had issues with the tenant’s in Apartment 2-99 East Ave South Namely, Paul Bosch and Marie Ball

1, They have invaded our living space on our porch beside the garage and were seen by us taking pictures and video inside our porch area

2 .When I come home the is a constant odour of Marijuana in the hallway on the second floor above my unit and in the hallway on the first floor leading into my unit. The odour makes me ill and causes me to vomit.

3.They are constantly spying on us when we come and go from there window whenever we are outside. They have made us afraid to leave our unit for any length of time. They are taking away our normal enjoyment of our living space and are constantly watching us.

.4. We are three seniors living In this unit many years and now the tenant’s living above us are driving fear and stress in our lives.

Signed: Richard Pollington

Witnessed: John Cerino

And this one (Doc 078):

Feb 25,2017

To Whom it May Concern,

I am a tenant at 99 East Ave South, Apartment 1, and also the caretaker for the buildings at 97 and 99 East Avenue South.

The tenant who resides at 99 East Ave. S, Apartment 2 (Paul Bosch and Marie Ball) have been causing me a lot of stress which is not good for my health. I have been put on sleeping pills to help me sleep at night.

There Is a continuous smell of marijuana coming from their apartment, and into the hallway which makes me feel ill. I have a bad heart and the smell makes me sick to my stomach.

They have been trying to put me in the middle of their problems with the landlord, taking pictures of the building, and are constantly bothering me with letters for the landlord, as they don’t want him at their apartment.

Sincerely,

Richard Pollington

Witnessed: John Cerino

Yes, my roomate and I indulged in the occasional joint. We both suffer from migraine headaches. But we smoked on the deck at the rear of the unit, not inside. So did Richard’s son, Richard Jr and Richard. He’d never minded the occasional whiff of pot smoke until then (at least he hadn’t said so, and standing beside his son who was smoking a joint, the statement would have been ridiculous). Richard Jr had once come up and mooched a joint.

The “continuous smell of marijuana smoke” was coming from the other side of the building. We’d mentioned it to Richard a few times during the summer of 2016, when we were asking for the front door to be repaired. The odor was transient and not particularly offensive to us, so we never made an issue of it.

I had taken some photos of the building exterior for our T6 application to the LTB, showing the lack of maintenance on the property. As for “invading our living space” I have no idea what that means, unless Richard meant the times I’d delivered a letter by knocking on the side door of Richard’s unit. As the landlord’s agent, accepting written repair requests and other documents is part of Richard Pollington’s job.

I had no idea what Richard meant by “spying”. Marie and I did, from time to time, look out our windows. Sometimes when we did, Richard Pollington or one of his roomates would be in our field of vision. Apparently Mr Pollington would prefer that we never look out of our windows.

Mr Pollington’s testimony of August 10, 2017 (in the L2 eviction hearing that resulted (in part) because of the complaints in those letters) did shed some light on the matter. Richard objected to the necessity of installing curtains or blinds on a window that was right beside the back stairs to our unit. Mr Pollington felt that the appropriate solution was for us not to use the back stairs, and said so in early February of 2017 (and a number of times since). We felt the appropriate solution was for him to put a curtain in his window if he was bothered by us walking past it on the stairs. (AR

And there was this little gem (Doc 079):

This statement cannot be reconciled with the recordings of the conversation made by Marie. This statement told us that John’s brother and caretaker were willing to lie, and willing to sign their name to a lie. One of the characteristics of dealing with someone with NPD is that they will try to isolate their victims, sometimes by making it appear that their victims are unbalanced (AKA gaslighting). Douchebags work the same way. This sure looked like gaslighting to me.

And there were these invoices (Doc 034 and Doc 080):

Curiously, the invoice dated December 28, 2016 (Doc 034) has the filename Boiler Repair Invoice DEC-16-2016.jpg. These invoices show that John did not have the boiler serviced until a week after we complained of the lack of heat. The “reset flow switch on pump” partially explains the lack of heat. A flow switch is either on or off. It controls the pump that circulates hot water through the radiators. “reset the flow switch” means “I turned the pump back on”. Either John hadn’t properly started the boiler, or someone turned off that switch without knowing what they were doing. In this building, that describes the entire staff.

And there were these pictures, taken by John on February 22, 2017 (without proper notice):

John hadn’t gotten any useful pictures of anything, which isn’t surprising since he’d spent most of his time in the apartment antagonizing Marie. Most of the pictures he gave us in disclosure dealt with issues already resolved in the Case Management Hearing (the bedroom doors and the stove Doc 52). The photo of the refrigerator spec plate is so blurred as to be unreadable, but John included one more pic (Fig 40).:

That was the one we’d sent him in our disclosure, included on the disc that I’d delivered to Richard Pollington on February 20, 2017. That whole bit about John needing photos of the refrigerator on Feb 22 was totally unnecessary. John already had the pic he needed.

And there was this (Doc 081),

February 27, 2017 – I served Richard with another letter for our landlords (Doc 082). Richard was hostile and rude. He would not sign a receipt for the letter.

27 February 2017

Mr Cerino, after the incident in our unit on February 22, 2017, your brother Agostino made arrangements for us to pay the remainder of February’s rent (minus the amount withheld to cover the difference in electricity costs as you agreed). However, when we went to pay the rent on February 23, 2017 to your caretaker Richard informed us there was a delay in providing the receipts, and refused to provide a receipt for the agreed amounts (totaling $402.61).

After some discussion with your brother, it was agreed that separate receipts would be provided for Ms Ball and myself for amounts totaling $402.61, with a notation that the rest (totaling $97.39) had been applied to the electricity. On February 24, 2017 we went to Richard’s unit to pay the rent, and Richard refused, stating that the amounts were in dispute. I then called your brother, who agreed to provide receipts for the amounts totaling $402.61. On February 25, 2017 when I went to Richard’s unit to pay the rent, Richard showed me two receipts, totaling $500, and a written note (with a printed name in place of a signature that reads “John Cerino”) demanding payment in the “Full Amount of rent in arears” [sic] {with full amount underlined} with “other issues” to be “discused at the Tribunol” [sic]. Richard then once again refused to provide a receipt for the amount of $402.61, as per your instructions (or so he claimed).

It is our belief that you are intentionally muddying the waters as part of your campaign of harassment and retaliation. Please call me at 289-698-6779 during normal business hours to arrange to pick up your rent. The arrangements will be made for a specific time, and you will bring receipts (already filled in) for the amounts totaling $402.61 ($301.30 for Ms Ball and “$101.31 for myself) for February’s rent (which is the amount of cash you will receive). If you are disputing the difference of $97.39 (which is unclear from your note) then you are free to argue your point at the merits hearing. However, the $402.61 will not be given to you or your agent without a receipt for the amount of cash given. I suggest you read Section 109 of the RTA.

I remind you of Section 9, Ontario regulation 516/06 which states:

Receipt

9. A document constitutes a receipt for the purposes of section 109 of the Act if it includes, at a minimum,

(a) the address of the rental unit to which the receipt applies;

(b) the name of the tenants to whom the receipt applies;

(c) the amount and date for each payment received for any rent, rent deposit, arrears of rent, or any other amount paid to the landlord and shall specify what the payment was for;

(d) the name of the landlord of the rental unit; and

(e) the signature of the landlord or the landlord’s authorized agent.  O. Reg. 516/06, s. 9.

Please ensure that the receipts you bring satisfy the requirements of the regulation, as previous receipts have not. I will be sending you another letter with a list of dates, times and amounts paid from previously issued receipts and will be asking that new receipts be issued that conform to the regulation.

That makes a total of three times you or your agents (or co-landlord, depending on Agostino’s exact status, which you have refused to clarify) have refused to accept the $402.61 rent owing. Your actions mystify me, as we have clear agreement that you would cover the difference in the electricity. Your note (if indeed, it is your note) would infer that you are reneging on that agreement and making it an issue at the upcoming merits hearing. Please clarify your intentions in writing. Are you reneging on our agreement?

We have noted on two occasions that you have taken an inordinately long time to complete a routine task, using the opportunity to provoke and verbally abuse Ms Ball, myself or others. Specifically; 1) the first 40 minutes of our meeting on 1 February 2017 where you took that long to write four receipts, and 2) during the incident of 22 February 2017, you took a few pictures and then claimed the camera needed fresh batteries. You then took at least eight minutes to do so, and used the opportunity to verbally abuse and provoke Ms Ball. The recording of that encounter is available to you on request). Conversations with other acquaintances of yours (including your brother) indicate this is a usual practice for you. For that reason, if you arrive to collect the rent without those receipts made out in advance, then the meeting will be cancelled at the start.

We have also noted numerous occasions where you have been vague about timings, with the obvious intention of wasting our time. Please make arrangements with me for a specific time to pick up your rent.  If you are more than fifteen minutes late, I will consider you to be a no-show for the meeting and it will be cancelled. That meeting will be subject to video and/or audio surveillance and/or recording.

Mr Cerino, your attempts to bully, obstructionism, equivocation, deliberately offensive demeanor, lack of respect for our privacy, utter lack of professionalism and obvious contempt for the RTA have led to an escalation of a situation where you were asked to do required repairs (most of which have been ordered done by Property Standards of the City of Hamilton) to one that has caused us to feel unsafe in our own home. Your brother has informed us that you are (or were) certified as a stationary engineer, and are quite capable of understanding the laws you flout. Your actions are clearly intended to harass and intimidate, and Agostino has called your grasp of reality and sanity into question over your actions in this matter.

While we recognize that you have certain rights as the landlord we will not tolerate the behavior you have displayed in our home. The obvious solution would be for your brother Agostino to handle routine matters until the merits hearing, however he (and through him you) have both refused to do so.

Ms Ball will be present when you come to pick up your rent. You are not to display any of the unprofessional and abusive behavior you have in the past (including but not limited to profanity, verbal abuse, mocking noises and/or hand gestures, violation of personal space, speaking in the third person about someone present, or comments on Ms Ball’s underwear or other personal items).  In short, if you display any of the unprofessional or provocative behavior you have previously or any other inappropriate behavior, you will be asked to leave and a complaint made to law enforcement.

Sincerely;

Paul Bosch

 (As an aside, as of January 31, 2020 we have NEVER received a proper rent receipt directly from our landlords. We’ve had a few that were correct from his parade of paralegals, but never from John).

I called Agostino to complain (I was getting annoyed at the games) (AR 26 and AR 27).

Then Agostino called back a few minutes later. I lost my temper this time (AR 28). He told me that Richard won’t sign anything unless he knows what it is. I verified John’s business address with Agostino and told him I’d be delivering future letters to John’s address on Acorn St.

And then he called back again (AR 29). The conversation started with Agostino saying he’d hit redial on his phone, and hadn’t intended to call back. I apologized for losing my temper a few minutes before. The discussion turned towards the statement John had disclosed, and Agostino had signed (Doc 079). When I asked Agostino if he’d read it, he replies “I kinda glanced them over, he said I need to sign so I signed.”. I lost my  temper again. Not my finest moment. I assumed from Agostino’s answers to my questions that John had simply bullied him into signing the statement titled “Refusal of Access”. I now believe it might have been because Agostino can’t read well enough to understand the statement, or both reasons combined.

March 1, 2017 – Agostino delivered a notice of entry (Vid 06):

The camera seemed to surprise him, as did my rather abrupt tone. Well, he’d been warned about the camera and I sure wouldn’t expect a warm reception if the roles were reversed.

The notice is here (Doc 083):

This would be the thirteenth and fourteenth day of entry by our landlord to “conduct repairs” that should not have taken more than 30 man-hours total (excluding the storm windows). Arranging to have one of us home was becoming onerous.

As usual, the notice is deficient and extremely vague. My roomate waited for Agostino on March 2. He didn’t show, so she called him (AR 30).

It turns out Agostino had a lot to say about his brother.

A transcript of the conversation follows:

Agostino: Hello
Marie: Hi Auggie, it’s Marie.
Agostino: Hi Marie, how are ya?
Marie: Okay, Just wondering if you’re going to make it here today, ‘cause you’ve got like an hour and a half.
Agostino: I know. I didn’t want to come too early because I gave the notice a little late, and I thought maybe I’d get in trouble or something.
Marie: No. No, I’m sorry for him {Peter} the other day. He is so frustrated.
Agostino: Yeah…but he shouldn’t be that way, he’s starting to act like John when he gets mad.
Marie: I know, but can you blame him after all this time?
Agostino: I know, but {indistinct}
Marie: And all the games that are being played and …I mean, John…John’s refused the rest of February’s rent, he’s playing games with that, now it’s give it to me all, forget the hydro. John’s going back on his word like we said he would. Like…
1:00
Agostino: He did?
Marie: Yeah! That’s what he told Rick. Not to take the hydro, that…er…not to take the rent, it’s the whole thing or nothing, we’ll settle it in Trib…what’s the game now? Now you’re going back on your word, just like we were afraid of, just like we wanted it on paper, just because of this.
Agostino: Well, like I say you can take it up over at the hearing room after with him, all right?
Marie: But do you understand the level of frustration we’re getting here? No matter what we do we’re getting games.
Agostino: They’ll work with you over there, you know that.
Marie: Yeah, but we’re getting games from your brother. Now he’s got Rick playing them, you understand the level of frustration here?
Agostino: Rick…Rick is not uh…a part of this at all. Rick’s just a pawn in the middle.
Marie: All of a sudden now he’s got to read every letter word for word where he never has before?
Agostino: He’s worried.
2:00
Marie: We’re not trying to screw him, what’s he worried for? We’re not trying to do anything to him.
Agostino: He’s just worried though. He doesn’t want to sign anything with his name on it. He panics when he sees his name on something, all right?
Marie: It’s John’s name, all we’re doing is…’cause John won’t take anything. All we are doing is asking him to sign and say he received it on John’s behalf. That’s it.
Agostino: {indistinct}
Marie: No, these letters. That’s all we’re asking him to do is sign saying he received it on John’s behalf. That’s it. That’s the only way his name is on it. It’s not that difficult. ‘Yes I received it.’ That’s it.
Agostino: I don’t know why he won’t sign that, all right?
Marie: But do you understand what I’m saying by all the games and all the bullshit and….it’s just getting frustrating. We’re trying to do everything we should be doing, and we’re getting road blocks thrown up every time we turn around. Every time.
3:00
Agostino: Like I said, I was tryin’ to work with you I’m trying to work with everybody, you know what I mean?
Marie: I know you’re trying, I’m trying too and you’re caught in the middle just like I am. I know Paul’s getting just as frustrated…he’s getting frustrated ‘cause …
Agostino: Everybody’s frustrated. Rick’s frustrated, everybody’s frustrated
Marie: Well your brother’s the one frustrating everybody ‘cause if he’d be reasonable …
Agostino: Right now I don’t know what his idea of reasonable is.
Marie: Well, it ain’t anybody else’s idea of reasonable, that’s for sure.
Agostino: Well, you know {indistinct} about the hydro thing ‘cause he already agreed to it so don’t you worry about that part.
Marie: Now he’s trying to go back on it, which is why we wanted it on paper in the first place.
Agostino: He can’t go back on it ‘cause he did agree to it and he’s gonna…gonna own up to that. Okay?
Marie: I don’t think he will. He’s…he’s…
Agostino: Oh he will.
Marie: And the money has already been put on the hydro bill. And that’s what he doesn’t seem to understand.
4:00
Agostino: Well, that’s why you’re gonna go to the hearing to explain that to him.
Marie: And he’s been given all…do you know he’s been given the bills from August on, so he knows. He’s even been given the bills with the air conditioners on it. And the bills without it, and…and going forward. So I don’t get what the big deal is.
Agostino: I don’t get it either. I don’t even know why it’s going to hearing, why he didn’t just resolve it in the first place.
Marie: Well…all’s we wanted was it on paper.
Agostino: I don’t understand what the guy’s trying to start, you know?
Marie: Because you’re brother has been..he doesn’t want to see reason.
Agostino: He’s being stubborn, is what I think he is being.
Marie: I don’t know what it is.
Agostino: I think he’s just being stubborn.
Marie: I don’t know what it is, but this is just …the frus…
Agostino: His stubbornness will have to come to an end, because somebody’s going to straighten him out soon, right?
Marie: Let’s hope so.
Agostino: That’ll be either…{indistinct} either the tribunal or it’s gonna be youse guys, one or the other, right?
Marie: Because the way he’s…the way he’s talking with us in this apartment is not acceptable, either.
Agostino: Well, he should be talking a little more calmer and not…
Marie: Not being …pardon my French… as ignorant as he is, and he is being downright ignorant and abusive.
5:00
Agostino: He’s … He’s mouthy, I guarantee you that. He has a mouth.
Marie: Auggie, when he was sitting in here going bah…bah…bah…bah…bah…and it’s all on recording…
Agostino: I know.
Marie: He’s sitting there with his hands making motions and it’s like…that’s downright abusive. And then when I tell him to stop…’I’m not talking to you, I’m talking to s…’… That’s abuse. That’s mental abuse. You talk to any psychiatrist, psychologist, or anybody in the mental health and they will tell you that is abuse.
Agostino: Well, somebody better explain that to him.
Marie: Yah, somebody better.
Agostino: He doesn’t seem to understand that.
Marie: Because his behavior is not acceptable.
Agostino: I understand that Marie, but I can’t do nothing about his personality, right?
Marie: I guess I’m letting you know if that continues we’ll be asking for a restraining order, and on this we can get it.
Agostino: That’s fine, but I can’t do nothing about his personality girl, that’s something I have no control over.
6:00
Marie: Oh I…I understand that. But I’m just letting you know…I..I…it’s dealing with him.
Agostino: Well, when we go to Tribunal, you explain what you want done there and that way it may even get resolved there and they maybe can keep him away from youse, all right?
Marie: Yah. I’d rather…Like I said, I’d rather deal with you or Rick …I mean…but Rick’s …
Agostino: We’ll have…we’ll have to explain it to him with a third party, ‘cause he’s not listening.
Marie: No kidding! He’s not listening, he’s right…he’s in his own little world.
Agostino: He doesn’t want to listen to you…he doesn’t want to listen to anybody else…
Marie: he doesn’t want to listen to you, he d…
Agostino: He’s got a mind set, and he thinks he is right, and you can’t change that. Nobody can change that, except for a third party.
Marie: Well, let’s hope tribunal will convince him.
Agostino: When I speak…when I speak to John, guess what? He’s gonna shrug me off.
Marie: Yeah, I’ve seen it. He just shrugs you off and just…just like he tries to do to me…and Paul, and everybody else.
7:00
Agostino: I just back off because I don’t want to get into fights and arguments, all right? I just don’t wanna do it. {indistinct}
Marie: Umm…are you gonna make it here today or no? I just wanna know.
Agostino: I’m gonna come by … I will be working outside more than anything else, all right Marie?
Marie: Okay, so then…
Agostino: On the outside of that door. The only thing maybe I need to do is maybe get in and out for a few seconds , you know, now and then and that’s it. All right?
Marie: Okay, that works.
Agostino: {indistinct} the apartment, all right?, if that’s what you’re concerned about.
Marie: No I just…I was wondering because I’m sitting here and I don’t want to walk out and find out you’re showing up
Agostino: If you have to go out just go and tell me.
Marie: No…no….
Agostino: I’m okay with that.
Marie: That’s…that’s not a big deal…anything I gotta do can wait but if you weren’t coming, I was gonna…
Agostino: Marie, anything comes up, don’t be afraid to let me know, all right?
Marie: Okay.
Agostino: I have no problem with that.
Marie: Not a problem.
Agostino: {indistinct} your schedule.
Marie: Yeah, like I said, I can work with you and you can work with me and that’s great.
Agostino: All right.
Marie: Okay?
Agostino: Well, thanks for confirming that, I appreciate that.
Marie: hey…
Agostino: I don’t like to be put in a corner, sorry.
Marie: I appreciate you tryin’ to work with me too. I mean…Uh..I know
8:00
Agostino: If you make…you put me in a corner and I won’t …I won’t come out unless I’m fighting…unless I …you know… find my way out of it.
Marie: Yeah. I know what you’re sayin’.
Agostino: If there’s nowhere to go, right? I don’t want to be put in that position, all right?
Marie: Yeah, neither do I and I’m sorry…your brother does…tries to do that to me every time I deal tha..with him. He tries to stick me in a corner where he figures he can just walk right over top of me.
Agostino: Well, he’s not gonna be allowed to do that.
Marie: And…
Agostino: And if he doesn’t start {indistinct} treating you with a little respect, you just don’t allow him in any more. What can I tell you, right?
Marie: And like I said, if he’s coming in for repairs or serves notice…
Agostino: He should not be yelling at people or getting loud with you. That’s not impressive…not necessary.
Marie: Well he’s telling me to shut up and get out and what I…in an apartment I’m paying for. And that’s all on the recording.
Agostino: He shouldn’t be saying that.
Marie: He’s cursing at …he’s ‘fucking this’ and ‘fucking that’…at Richard. And that’s on the recording. He’s even being abusive to Richard.
9:00
Agostino: {indistinct}
Marie: ‘Can’t you hold a fucking light right?’ and that’s one of his exact … and this is what he’s directing at Richard. And that’s on the recording. He’s abusive to Richard in this recording.
Agostino: he talks terrible, doesn’t he?
Marie: He doesn’t know how to talk to anybody with respect. He’s abusive as all hell.
Agostino: That’s true.
Marie: I’m sorry, I hope somebody makes him take an anger management course and a sensitivity course.
Agostino: Not that guy. He knows it all.
Marie: Yeah…he’d never pass.
Agostino: He knows it all though, I tell ya.
Marie: He’d never pass. He’d be stuck in them forever.
Agostino: Well…if he can’t …if he can’t change us…heh…he’s never gonna change that one.
Marie: Yeah but wouldn’t it be funny if he were in an anger management and sensitivity course? He’d never get out of it.
Agostino: Uh…no, he’d corrupt the class.
10:00
Marie: He’d drive the instructor insane, let’s be honest.
Agostino: John’s…John’s got his own personality and we can’t change him. I hate to tell you that. I wish I could say different. He’s one of a kind.
Marie: I really like to …I’d really like to know how he stayed in business. I really would, with this personality.
Agostino: I don’t know. I really can’t say how he stays in there, but he’s still there.
Marie: I…I’m…I am completely shocked the man has managed to stay in business this long.
Agostino: Oh yeah. That’s true.
Marie: I really am. If this is how he treats tenants, how does he treat employees.
Agostino: Heh. He doesn’t have any. Everybody quits on him.
Marie: Oh, everybody quits on him?
Agostino: Well, not quits on him. But they don’t get along with him and they just don’t come back.
11:00
Marie: So how does he run a business?
Agostino: He does all the work himself. He does the other house.
Marie: Yeah but I…I thought he had the e-bike store and all that. How does he run that?
Agostino: Oh no, he still does that. But…that…he’s sweet as pie when he’s gonna get money.
Marie: Oh jesus…
Agostino: You know what I mean?
Marie: So, in other words, he stays away from the profitable businesses, and as long as he does, they stay profitable.
Agostino: You are right.
Marie: Oh jesus. That’s insane. Well, it’s the insanity I guess you’ve gotta live with.
Agostino: More or less.
Marie: That’s unfortunate. Okay.
Agostino: He doesn’t come around much more, in case you haven’t noticed.
Marie: yeah I know, he…
Agostino: The one time I ask him to help, look what happens.
Marie: Yeah, he doesn’t actually do work, he comes and causes sh…problems.
12:00
Agostino: All he had to do was come and hold the door for me there.
Marie: Yeah, and instead he…he…comes and tries to sneak in behind you and when I say only work, then he goes out, gets a camera, and tries to push the issue.
Agostino: Yeah. Yeah, but that’s his personality, you know that.
Marie: Yeah but that’s the thing, I … I stressed, and you heard me, ‘Only work.’ Then he comes flying in the door with Rick, and tries to…starts whipping out the camera and won’t even let me get a word in edgewise and basically shoves his way in the apartment with the camera. And I don’t know if you heard it…at one point I scream at the top of my lungs ‘Let me speak!’
Agostino: I remember that. Quite well.
Marie: And that’s on the ca…that’s on the recording. In your brother’s version of that write up, none of this is mentioned. He makes himself out to be an angel.
Agostino: No, like I told you, he knows here what he {indistinct} He sees his side of the world in his own …in his own light. You know what that means, right?
Marie: Yeah, he’s delusional.
Agostino: I don’t know if he… I don’t think he gets it.
Marie: He’s completely and totally delusional.
Agostino: Like I say, if you were to make him sit and watch that as a recording, he probably wouldn’t believe how it happened.
Marie: Well, he’s gonna have to at tribunal, so it’s gonna be interesting.
Agostino: ‘Cause you know what? People don’t see themselves, the way they act. You know what I mean? They just don’t get it until somebody points it out to them. And I think maybe that’s what he needs. Somebody to point it out to him.
Marie: I mean, I felt bad for losing it that Wednesday as bad as I did, but your brother was pushing me.
Agostino: Ah…you were…you really didn’t lose it.
Marie: Yeah I did. I…I screamed…
Agostino: Not really. Things got hot, right? ‘Cause everybody was gettin’ louder and louder…’cause everybody was trying to over talk over each other. Which is not good.
Marie: Well, your brother wouldn’t even let me speak.
Agostino: I know. But…uh…what I’m saying … he’d get loud then you’d get loud then he’d get loud and you’d try and talk and it’d go back and forth and it just ended up getting into a yelling match, instead of a conversation, which is really bad. {indistinct} it turned into that. Know what I mean.
Marie: Yeah, because…
Agostino: I wish you had just told him to leave, because that would have been the end of it.
Marie: But I don’t have a legal right to, you understand what I’m saying? When he’s flappin’ his hands…
Agostino: Oh yes you do. When he’s…When he’s talking like that, {indistinct} “You’re talking very rude to me, please leave.’ That’s all you had to say.
Marie: I tried saying ‘You’re talking rude to me’ and he’d cut me right off and start talking over me and not even let me speak. And that was the problem.
Agostino: Yeah, but … but once you said that, you should have said ‘Please… please leave.’ That would have been the end of it.
Marie: Every time I tried opening my mouth, and it comes across in the recording, he just cuts me right off and talks right over me and ignores and…and gets louder.
Agostino: That’s kind of…that’s kinda not a good thing. All right?
Marie: Yeah, that’s abuse.
Agostino: For a…for a landlord. That is not a good…that is not good behavior.
Marie: That’s abuse.
15:00
Agostino: That’s bad behavior, yes it is.
Marie: I ahte to tell you…that’s abuse no matter how you slice it.
Agostino: I can’t give it a label. All I know is it’s bad.
Marie: Honey, I’ve been abused. I have had it labelled as abuse. My mother was the abuser. And guess what?
Agostino: Your own mother?
Marie: I’ve been through the psychologists, I’ve been through the psychiatrists, this is abuse. This is a record case of abuse. This is mental, verbal, and emotional abuse. This is almost…this is almost a textbook case.
Agostino: Like I say. To me, I see him like that all the time, it’s just a normal thing for him.
Marie: You’re conditioned to it. You’re conditioned.
Agostino: No, no I’m not. I’m not conditioned to it.
Marie: Yeah, you are. You’re used to dealing …
Agostino: I just don’t fight it. Okay? I just don’t fight it.
Marie: Yeah. You’re used to dealing with it. You just don’t fight it. You’re conditioned to it. And I’m sorry, I don’t care what your brother thinks he’s not…
Agostino: You don’t have to get him to listen to you. That’s the way it is.
Marie: No, I won’t. I refuse to …I’ve been that way….I’ve been somebody’s victim once, I’m not gonna be a victim again.
16:00
Agostino: {indistinct} You shouldn’t have to be a victim to anybody.
Marie: And your brother’s gonna find that out. I will not be his victim. I will not be his emotional, mental or verbal punching bag any more.
Agostino: Like I said. Youse guys have to come to terms somehow. I uh…you’re never gonna be friends ‘cause that’s not gonna work out at this point. Your personalities are gonna clash forever.
Marie: Well John doesn’t know how to respect women for one.
Agostino: John treats everybody rudely, trust me.
Marie: Yeah, but if you notice when he’s dealing with a woman, he treats them even worse.
Agostino: Ah…
Marie: Look at…Loook at when we were talking about me bleeding the rads twice and he turns around not even two minutes later and he says, ‘Well, you know they’re water not steam.’ How much more insulting can you get to my intelligence.
Agostino: I dunno. I dunno what brought that out anyways. So anyways, he’s…he’s pushing buttons or he’s asking questions for people that he shouldn’t be asking that kind of questions here.
17:00
Marie: And when it came to entering my bedroom, he didn’t offer to let me put any of my personal stuff away. He figured that he should be able to come barging in no matter what I had out.
Agostino: No, that’s not true.
Marie: And then he makes that crass comment in the bathroom about make sure there’s no underwear. Do you realize I could probably go after him for sexual assault? Verbally? Because that is not called for. That is sexual harassment, plain and simple. Making co…
Agostino: He should keep his stupid comments to himself.
Marie: No kidding! And he wonders why I w…he wonders why I wouldn’t give him access to my bedroom that day?
Agostino: Like I say, you shouldn’t have allowed him in the apartment, all right?
Marie: Well, I had to because he used the guise that it was repairs. And under repairs, I don’t have a legal right to say no. Do you realize, under repairs, if we keep saying…
18:00
Agostino: I know. I know that. But once he got rude, it changes the whole format.
Marie: Yeah. Then he’s talking over me and won’t let me speak. It’s…it’s a game to him.
Agostino: That’s why I wish you had asked him to leave at that time and this wouldn’t have overheated so badly.
Marie: Like I said, you’ll see in the recording. I try and speak and he won’t let me.
Agostino: Okay.
Marie: He verbally…whatever, just keeps cutting me off, won’t even let me finish a thought, keeps talking over me, keeps doing whatever he can to prevent me from saying what I want to say.
Agostino: Yes, Okay. Like I say, he is of that nature and that personality, and that’s just the way he is.
Marie: Yeah. A bully.
Agostino: {indistinct}
Marie: An abusive bully.
Agostino: I dunno if he’s a bully or just doesn’t know how to talk to people.
Marie: I’ve dealt with them my whole life. He’s a bully. I’m sorry.
Agostino: I…I’ve never seen him hurt anybody, so …
Marie: You don’t have…you don’t have to hurt somebody to be a bully. Physically.
Agostino: {indistinct}
Marie: There’s emotional, mental and verbal bullies, and he qualifies for all three. It makes me wonder how many other tenants he’s done this to and you don’t know that just give up and walk away because it’s easier rather than deal with him.
Agostino: I wouldn’t know. Not this time.
Marie: Well that’s exactly what I just said that you don’t know about that he’s already done this to.
Agostino: I’ve only…I’ve see his … his rude behavior or his loudness, okay? It depends on how you wanna…some people accept him as just crude, right?
Marie: Yup.
Agostino: And other people think of him as ignorant and rude. Okay? And other people just accept him for who he is. Heh. Who knows why, eh? But that’s the way it is. He’s not gonna change for anybody right now. Okay? {indistinct} I’ve known him all my life. That’s the way he’s been.
Marie: {Sighs} That’s a shame because nobody should have to put up with his behavior.
Agostino: {indistinct} I can’t answer that, you know that? I find like..I find like that I have to listen to his behavior that’s the way it is.
Marie: Yeah I know, you’re stuck with him. Okay.
Agostino: All right?
Marie: I will see you when you get here, then.
Agostino: Okay.
Marie: All right.
Agostino: {indistinct}
Marie: Okay. Bye.

Marie also called Richard, and asked him to provide two separate receipts (one for her, one for me). Richard told her he would call her back when he had the receipts prepared and signed by John.

Friday March 3, 2017 – My roomate called Agostino to find out what was going on in regards to the repairs and when he would be coming. He wasn’t coming that day. (AR 31).

Saturday March 4, 2017 – I made another attempt to pay the rent. Richard was hostile, confrontational and would not provide a receipt, so I didn’t pay. I’d expected that response from Richard, and had a letter ready. Richard would not sign a receipt, but accepted the letter. Larry Norman was there and told Richard to throw it in the trash.

Sunday March 5, 2017 and Monday March 6, 2017 – There was banging, loud music from Richard’s unit and sudden loud crashes at night. It was hard to get any sleep or concentrate with all the racket.