RE: Rental unit 77a Smith Street Fryeburg, Maine

RE: Rental unit 77a Smith Street Fryeburg, Maine

Owner: Eli Cohen/DBA/ Fryeburg Elm Street Realty Trust/Fryeburg Properties

Starting on or about March 15, 2012, Michael Corthell started renting the above named premise from Eli Cohen/DBA/ Fryeburg Elm Street Realty Trust/Fryeburg Properties. Paying $725.00 rent plus all utilities (heat, hot water and electricity). Additionally a a $725.00 security deposit was paid. On or about April 2013 the rent was increased to $775.00. As of May 1, 2014 all rent due has been paid.

(It should be noted that my personal checks for the rent payments were made out to ‘’Fryeburg Properties’’.)

The following  problems, deficiencies, code violations and incidents were noted and reported during my tenancy:

•         To my knowledge the forced hot air gas furnace that heats my apartment has not be serviced yearly. The heating ducts have definitely not been cleaned and vacuumed. I asked Fryeburg Properties Cindy about this and she said that she ''would look into it.'' Nothing was done, even after I asked a second time.

•         There are working smoke detectors (which I have personally maintained) but there are no working carbon dioxide detectors in the basement or in my apartment.

•         On or about July 2013 I notice a 'musty smell' in the apartment. My children and I started sneezing when we entered the apartment. I reported this to Fryeburg Properties after I went to the basement and found what I know to be ''black mold''. I reported it again two times and again nothing was done about my complaint. I then reported it to the Fryeburg code enforcement officer, Katie Haley. She came a viewed it and told me that it would have to be tested. To my knowledge no testing was performed. My children and I have lived with the smell and effects of mold spores for nearly a year.

•         On or about October 2014 the 2^nd floor/attic rental unit became unoccupied. I asked Fryeburg Properties Cindy if the unit would be heated, she told me that the thermostat was set at 58 degrees. I noticed that the furnace for the upstairs unit would start only once every few hours while mine was running nearly non-stop throughout the heating season. I checked with the propane supplier comparing my gallon usage over the previous year. I had used nearly 600 gallons more during the 2013-2014 heating season compared to the 2012-2013 heating season. I reported this increased usage to Fryburg Properties Cindy three times.

•         On or about January 2014 a water line supplying hot water to my apartment froze. (while the pipe was being repaired I spoke to Eli Cohen about the possibility of no water in the apartment. He became irate and said ‘’You are nothing but a complainer, I don’t care if you move out tonight!’’ That was the first and last time I have spoken with Mr. Cohen.

•         While I was watching the pipe being repaired I noticed that my furnace was not only heating the basement (a common area) but also the front hallway another common area. I again reported this to Fryeburg Properties Cindy. And I received no reply.

•         On or about February 26, 2014 I notice that whoever was contracted by Fryeburg Properties to plow my driveway had plowed snow against the door to my storage room and broke it wide open, spilling snow 6 feet high into the storage area. (see photos A and B) The storage shed is attached to my apartment and is included in the rental of the apartment unit. I reported this to Fryeburg Properties. I was told by Cindy, the property manager that Mr. Cohen said it was my responsibility to clear the snow. I told Cindy that I did not plow the snow against the door and the building breaking the door. I complained two more times with now response. The door remained broken, unrepaired for 7 weeks until the snow melted flooding the storage area and damaging my property. I carry rental insurance. I filed a claim but it was denied because it wasn’t a covered peril. I notified Fryeburg Properties (Cindy and John) again with no response.

•         On or about April 15, 2014 I noticed that the drains and toilet were draining very slowly, bubbling and backing up. I reported this to Fryeburg Properties Cindy.

•         On or about April 20, 2014 I noticed water dripping into a light fixture on my living room ceiling and onto my carpet. I reported this to Fryeburg Properties Cindy. The leaking pipe was fixed the next day, however the water and plaster on my floor was not.
[On or about April 28, 2014 I was served a 'notice to quit' (30 day notice) to vacant my apartment. Since this notice fall within a sixth month time period I believe that owner Eli Cohen/DBA/ Fryeburg Elm Street Realty Trust/Fryeburg Properties is retaliating against me (Maine state law (14 Me. Rev. Stat. Ann. §§ 6001 (3)(4), 6024) prohibits landlords from retaliating against tenants.) for my complaints about my apartment.

•         On or about May 5, 2014 my toilet and drains completely back up flooding the floors with raw sewerage.  I reported this to Fryeburg Properties Cindy and told her that from my experience that the septic system’s leach field had failed. The tank was pumped. I was told by Fryeburg Properties Steve and John that they would could back and clean up the sewerage that day while I was at work. I had to clean up the sewerage when I returned home.

Photo ‘A’

Photo ‘B’