7-24-12

[evicted]

I'm in. Thank you very much to whoever put together that information. This has been the most stressful week and a half of my life, and I knew they were lying about what was going on. I signed another lease today, and will be moving out shortly, but I would love to help anyone who wants to stay in their loft and I think it is very important to make an example out of these slumlords in court.

I have tried to contact management by calling and writing to them, and they won't even call me back to set up a date and time to turn in my keys and clicker. It's very unfair that I am trying to do the right thing and can't even get ahold of them, which worries me about my security deposit.

Again, I'M IN.

[anonymous86]

i am also very much in. evicted i also have had no luck at all trying to get ahold of anyone in the management office. they contacted me this morning and set up a meeting for today, i did not get the answers that was looking for so i demanded to speak with "sarahs" boss. she set up a meeting at 4 pm today with a man by the name of chris (she would not disclose his last name). not to my surprise when myself and another tenant showed up for this meeting he was not in the building and would not be in for the remainder of the day, but boydells attorney was present. the meeting involed about and hour back and forth of them beating around the bush and not really giving us any real answers. the one thing we did get was that the august 1st move out date was just and incentive for us and we will be receiving a 30 eviction notice, when we will all get that i cant tell you.. heres hoping something good comes out of all of this. i for one am not moving by august 1st. lets keep this alive and not let them push us around ANYMORE!

[loftdweller]

Hi All,

I am in full agreement that we not acquiesce to their illegal demands. I do not plan to move until I am provided with a Notice to Quit or Demand for Possession from Boydell.

Thanks to the letter writer for sharing the information you obtained from the city. I plan to contact an attorney and the city's Property Maintenance Division tomorrow and will share any information I learn. I have lived at Universal Lofts for over 4 years and will be asking what recourse I have if the building has not had a Certificate of Rental Registration that entire time.

I am trying to find out more information about the law and renter's rights. This document discusses withholding rent on pages 27-28: www.legislature.mi.gov/documents/publications/tenantlandlord.pdf . Does anyone have any other resources?

Anonymous86, did you get the name of the Boydell attorney? Would folks be willing to share all names and phone numbers for anyone they talked to at Boydell/building management? So far I have spoken to "Sarah". main number- 313.223.1500/ cell: 313.516.6963. I asked Sarah that everything she told me be put in writing and sent to my email account but so far I have not received anything.

In Solidarity.

[homeless]

I am definitely in.

Thank you to the anonymous person who sent out these letters. It really cleared up a lot of questions and rumors that has been flying around this building. I will be withholding my rent for the month of August and do not plan on moving out until I formally receive legit papers for removal.

[anonymous86]

i believe she said her name was Margette but when i asked for a card or who she worked for she said that she was not prepared for this meeting and didnt have anything with her. (not prepared yeah right). the whole meeting seemed odd she would not make eye contact and kept fidgeting with paper clips while she gave us the run around. also she did not seem at all professional and actually laughed and tried to belittle us and in other words told us we didnt know the extent of it all. telling us that it is clearly stated on the cities website that you do not need a certificate of occupancy on all buildings along with so much about how anyone we talked to over the phone or in person about the building are not high enough up the food chain to know what is going on and that she is very well known with the higher ups. my suggestion is someone should try to schedule a meeting like i had today and see what you can find out. i am all for some form of meeting or phone communicating let ,me know

[Admin]

VERY GLAD THAT PEOPLE ARE ACTUALLY TAKING ADVANTAGE OF THIS! There has been so much dishonesty from management of this building. So once I got correction order...I knew immediately everyone else had the right to know exactly what we are dealing with. The fact that this had to come from a tenant and NOT THE MANAGEMENT shows how ridiculous this situation truly is. The only thing we can do at this point is try to remain calm and try to keep our legal rights as tenants intact! Do not let any lawyer or any "manager" bully you. YOU HAVE COMPLETED YOUR LEGAL OBLIGATION BY PAYING THE RENT YOU AGREED TO PAY. Tenants have done NOTHING wrong. The management has been operating illegally and will have NO PROBLEM continuing to, unless we try to stay informed and STICK TOGETHER. If they are threatening anyone who does not move before August 1st with eviction - make sure you tell them YOU KNOW that they have been aware of VACATE & DESIST since JUNE 11th, 2012 - and SAID NOTHING. ALSO: The eviction process for the City of Detroit is more than a 30 day process and includes going to court before a Judge - where both tenant and management must be present. This Judge will ask both parties to explain their side of the situation. As SOON as the words "this building does not have nor HAS EVER HAD a certificate of compliance and I notified management I would not be paying rent monies until I was presented with a current and valid copy of this certificate" are uttered - any eviction case WILL BE THROWN OUT. The only people we have to fear - as far as MAKING us leave this building - is the actual City of Detroit. If Boydell management threaten anyone with eviction, make sure you let them know that tactics like this are only more likely to push you to continue taking further legal actions AGAINST THEM. Do NOT let them act like you did anything. YOU DID NOTHING! In fact, situations EXACTLY like this have already occurred in the past with other Boydell buildings. Once City threatens actual action due to non compliance - they shuffle all the residents of that building to another of their (presumingly?) illegally run apartment buildings and try to evict or scare out all the other tenants. Then, after a short waiting period, the building is reopened and new unsuspecting residents fill it up again and the cycle continues. This is what happened at Milwaukee Lofts (exact name?). Google it. So, this company has a long history of breaking the law. Do not be intimidated or fooled by them. Make sure they know that you know THEY ARE NEGLIGIBLE. Especially for withholding this information for so long. Alright, that is all for now. Just want to say, again, I am so glad people are taking advantage of this. I hope this will allow us all to be more informed. It will definitely allow us to stand up together - instead of being isolated - which is the current goal of management. Keep posting & encourage your neighbors to do so too!

[kj]

Thank you for putting this together. Some months ago, I had an inspection done on this building as well, when the management refused to respond to my requests to repair my windows. I sent certified letters and still got no response. It was not until I actually threatened to withhold my rent (by mail) that someone responded to me. However, now I know within the tenant rights and responsibilities you have to legally withhold your rent in an escrow account approved by the court, so those of us who are looking to do this, make sure you go to 36 district court to set that up. I suggest you go to court and make it legal so that, the company can not hold it against you (even though they are not doing right). One thing they will do is make sure they file those non-payment forms legally no matter what, so don't get caught fighting the good fight and end up owing them for legal fees on the back end.

But I am in, I have my meeting in the morning and I will give any necessary updates tomorrow. I will also find the time to go get a copy of the inspection I requested a few months ago, some things they have fixed, but the inspector stated that this building gets inspections and fined all the time, but as long as the company pays them they will never go any further than a citation.

[anonymous86]

for those who have meeting tomorrow it will most likely be with sarah who is no more than a secretary and i quote im only telling you what i was told by my boss "chris" demand to have a meeting with him in which case you will probably get the attorney, one other note from my meeting today when they finally caved and said i would get a 30 day notice i said that i would clear up the miscommunication and let other tenants know, their response was you dont have the right to say anything to the other tenants, dont let them feed you lies

[annoymous242424]

Thanks for starting this, its the only way we can find out whats happening!!

I spoke to Sarah who said that they are asking tenants to be out by august 1st, if they arent then they will get a 30 day eviction notice. She said that the building did not pass the inspection that was done today. This building will have to close. They are offering an incentive to move to one of their other buildings, half off first month rent and help moving( with a signed waiver stating they arent responsible for damages) but if you choose to go elsewhere you get nothing.
They are not sending letters, but calling everyone and setting up individual meetings, she said that their lawyers advised them to not put anything into writing. She said that they will not post any signs.. Im not sure how she will let everyone know the correct dates for anything as she has said she has wrong numbers for certain lofts.
She said that everyone will get their deposit back( mailed 14 days after vacating) if they choose to end the lease and find a new place to live. No point in calling Darryell, he was fired last week.. she didnt say why but he is gone. So we have no one here.
Also, the elevator was working today, i met the guys that fixed it and said someone is messing with the roof top access and screwing with the connection... It is now not working... if anyone knows ( or is the person) who is doing that PLEASE PLEASE STOP!! people are going to be moving out and we need that to work. If you know how to fix it please do so, I would greatly appreciate it
If I get any more news I promise to share!!

[Admin]

VERY IMPORTANT POST

I could not sleep at all tonight with all this on my mind. I still felt like more information on our legal rights as tenants is needed.

To all who have posted so far...I say: Let the management continue to dig their hole deeper & deeper! It only adds to the case against them and showcases their negligence!


--------------------

IF YOU HAVE NOT ALREADY MET WITH MANAGEMENT (and even if you have...) PLEASE READ THIS POST BEFORE DOING SO:

-Boydell Building IS GUILTY OF FRAUD!

-They were FULLY AWARE that Universal Lofts NEVER received a Certificate of Compliance or a was registered as a rental property with the City of Detroit.

-They made a HUGE mistake accepting rental funds for July 2012 especially, since they were given notice by the city that a Vacate & Desist order was in place as of JUNE 11th, 20120 - and WILLFULLY did not share this information with tenants.***

Was does this MEAN THOUGH?

-Due to their fraudulent activity (which HAS happened in their other buildings - see my previous post), they have opened themselves up to a civil lawsuit for fraud - tort.

DEF OF FRAUD: In criminal law, fraud is an intentional deception made for personal gain or to damage another individual. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation. Defrauding people of entities of money or valuables is a common purpose of fraud, but there have also been fraudulent "discoveries", e.g., in science, to gain prestige rather than immediate monetary gain.

DEF OF TORT: A tort, in common law jurisdictions, is a civil wrong. Tort law deals with situations where a person's behavior has unfairly caused someone else to suffer loss or harm. A tort is not necessarily an illegal act but causes harm. The law allows anyone who is harmed to recover their loss.

- For cases of Fraud - Tort, two types of damages can be sought by Plaintiff (the person who is doing the suing).

-These are ACTUAL damages and PUNITIVE damages.

DEF OF ACTUAL DAMAGES: Compensation for losses that can readily be proven to have occurred and for which the injured party has the right to be compensated. Compensatory damages, called actual damages, are paid to compensate the claimant for loss, injury, or harm suffered as a result of another's breach of duty. (e.g., in a negligence claim under tort law). ---In this case, these would include things like any repairs in your unit that were never completed, any security deposits withheld, moving costs, etc. Real monies that had to be paid or were withheld or real damages to your unit that were not taken care of by management.---

DEF OF PUNITIVE DAMAGES:

Now THIS is the area that Boydell Building LLC will be brought to their knees on. They DO NOT WANT TENANTS TO KNOW THEY HAVE THE RIGHT TO SUE FOR PUNITIVE DAMAGES! This is why they are trying to get people to sign documentation releasing them of responsibility for this whole situation - WHILE REFUSING TO EVEN NOTIFY TENANTS IN WRITING OF ANYTHING THEY ARE SAYING AND DOING. WHEN YOU READ ABOUT PUNITIVE DAMAGES - KEEP IN MIND: WE ARE NOT THE FIRST BOYDELL BUILDING & GROUP OF TENANTS TO BE FORCED OUT OF OUR HOMES VERY SUDDENLY BY BOYDELL's NEGLIGENCE! (Please see my previous post.) AND IF WE DO NOT STAND UP - WE WILL NOT BE THE LAST!

PUNITIVE DAMAGES: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. Punitive damages, also known as exemplary damages, may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to actual damages, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant. Punitive damages are a way of punishing the defendant in a civil lawsuit and are based on the theory that the interests of society and the individual harmed can be met by imposing additional damages on the defendant. Punitive damages or exemplary damages are damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will in fact receive all or a large portion of the punitive damage award. Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. The court may impose them to prevent under-compensation of plaintiffs, to allow redress for undetectable torts and to take some strain away from the criminal justice system.


***Under cases of fraud, punitive damages can be recoverable, if it can be established that the misrepresentation was intentional or deliberate.*** -www.czlegal.com



........OK.........But what does all that mean for us as tenants? What should we do with this information?


-My advice to all is this: Have a settlement offer in your mind when you first meet with these crooks.

-What amount of compensation would need to be offered to you as a settlement to be adequate enough for you to feel it would cover all the issues you have dealt with while a tenant at Universal Lofts, as well as for all your moving costs and all the issues arising out of this building being shut down due to Boydell management's negligence? (IE: What are your personal Actual & Punitive Damages?)

-Once you know what that is for you, if you let Boydell management know this and they refuse to provide such compensation, your only other option is to pursue legal action in civil court. Please let them know YOU ARE NOT AFRAID TO DO THIS. But - if they are willing to compensate you, do what is in your own best interest. Those who do not receive the settlement offer they seek will stand together!

-Each of the tenants of Universal Lofts can individually pursue legal action in civil court OR a CLASS ACTION lawsuit can combine all tenants complaints into one lawsuit.


-THE BENEFIT OF A CLASS ACTION SUIT is that an UNLIMITED number of Plantiffs can be added to the suit. And since we will be suing the Boydell Building company - This means the lawyer for our case will have access to searching out and bringing on board NOT ONLY the current residents of UNIVERSAL LOFTS - but EVERY SINGLE TENANT IN EVERY SINGLE RENTAL PROPERTY BOYDELL BUILDING OWNS - TENANTS FROM BOTH PAST AND PRESENT - ALL THE WAY BACK TO THE STATUE OF LIMITATIONS.

-This company has a long history of negligence so I am sure there are plenty of disgruntled tenants - both previous and current.

-Boydell Building owns at least 10+ Rental properties in the City of Detroit alone. (Visit loftsplace.com for list).

-Again, there will be people lining up to be a part of a suit against Dennis Kefallinos (head guy) and his ILLEGALLY RUN APARTMENTS!!!! Check out this other message board where there are TONS & TONS of people who already consider him "Detroit's TOP SLUMLORD" (....Ive lived a lot of places in the D.....that is a HARD TITLE TO WIN!)

atdetroit.net/forum/messages/89914/99631.html?1180537124

-This man runs these buildings illegally for years and years and years (Our building has NEVER been legal and has been open for at least 5 years....it is considered "a warehouse" by the City of Detroit!) and he has not only GOTTEN away with it, not only pocketed ALL the profits from these illegally run apartments.....HE HAS THE AUDACITY TO GLOAT ABOUT WHAT HE IS DOING!!!! Read the article below:

www.modeldmedia.com/features/Kefallinosqanda910.aspx


Excerpt:

"Q. You were one of the first people to build lofts in downtown. What inspired you to do it?

A. When I bought my first building in the 1980s, I didn't know what to do with it. It's not like people were knocking down my door to do something with it. I went to Chicago and I saw its downtown become popular with lofts. I went through some of its loft projects and I figured I could do something like this. At the time I bought a warehouse on West Lafayette, it's now Lafayette Lofts, and the first thing a city electrical inspector told me was, 'What are you going to do with this? What kind of plan do you have because this isn't going to work here.' Here is a city official, a supervisor, telling me my idea isn't going to work. I will never forget that. I kept working on it and building. Finally, I opened the doors, before it was completed, and I couldn't build them fast enough. It was big hit. So many people wanted to move into our building. People were moving in and the varnish on the floors wasn't even dry yet. People love lofts. It's not even so much that they love lofts, but there is a big trend of people who want to live in downtown Detroit.


-DO NOT LET THIS CROOK CONTINUE HIS REIGN AS SLUMLORD KING OF DETROIT!

-Know your rights. Do not be intimidated by management's illegal actions! You have a right to actual and punitive damages due to their willful fraud-tort AND their negligence....and if Boydell Building LLC management REFUSES to settle with your demands out of court....then join the other tenants - past and present - who will stand up to these swindlers together - IN CIVIL COURT IF NECESSARY!


-That is ALL....for now! Sorry for the length of this post....but I feel like a lot of people are still somewhat shaky on what legal rights and what legal damages Boydell Building LLC can be held accountable for.

KNOWLEDGE ALWAYS = POWER!

[deetae12]

I'm all the way in.... We need to set up a meeting with each other and set up a meeting with Boydell Management Attorney to discuss our settlement.. Sahara is full of shit... The management is full of shit.. I only been here for a month; my leased started on 16th of June and they been non compliance i guess since June 11.. I should have never been able to move in... This is fucked up because I'm broke since I been trying to get it furnish and now I'm homeless.. They said I could get my deposit back after 30 days after I return my keys.. But I don't believe them.. So we need to do something...
ASAP

[dmj2012]

I've been out of town for the past week. My sister was watching my place and kept me updated on this. I would love to meet with you all as soon as possible to understand our options.

I kinda feel that this needs to go on local news. You know that Boydell has been or just recently purchased land in Corktown to develop lofts or something similar. People need to know these guys reputation before doing business with them.

[loftus]

Sigh, my lease started June 9th. I thought Darryl was just a bit absent-minded, but my worries began to stack up, and it seems they were not misplaced.

I'm pissed that I put in all the work of finding a place in midtown to take advantage of the LiveMidtown incentive (for WSUMed, DMC, HFH individuals), and am now on the verge of getting kicked out of the place that made me eligible. Anyone else in this situation? What will LiveMidtown do, ask for reimbursement from management? Us?

Arranging a meeting is likely a good idea, I don't know the census of the building, or Detroit well enough to make a suggestion of a location/date, but if anyone else has ideas re: those two factors, they should pipe up.

[somnombulator]

Yesterday I spoke to the Inspector, his supervisor, and the Chief Inspector. Time is of the essence, with the City likely to move forward in mid-August. Great work setting this up and retrieving valuable background and legal information. However, we need the advice of a real estate landlord-tenant attorney. For many, simply raising funds to have ready to a new place (1st mo. plus security deposit) will take a miracle...

[dmj2012]

I really think we should just put a note on the doors of apartment for a tenant meeting this week, maybe one evening this week 8 pm or so. I think getting people in a room will help. Lastly, I think we should do social media. What do we have to lose at this point.