Ernest "Mickey" and Tanya Riva - Italian Mafia Landlords Flee in Fear of Law
New Owners , Wilcox & Bertelli, Buy Riva's Apt. Building Full of Lead Paint
Plan to Cover- up Lead Paint Violations and Condemned Structure
The Landlords Crooks and Documented Criminals
Why is MassInjustice featuring a link on landlords in the remote hamlet of Lee, Mass.?
Because these landlords are above the law. Such is the case with so many Home Rule Gangsters in Massachusetts. This landlord is allowed to act lawlessly with impunity in Massachusetts. As landlord, Ernest "Mickey" Riva exclaimed in disgust to tenant Michael Elbery, "we don't have time for that". That's right, Ernest and his wife Tanya think all the Chapters of Massachusetts Landlord - Tenant Law is void for them and the Government allows it. The Rivas "have no time" to comply with Massachusetts law that controls Landlord/Tenant relationships.
So it's time for a showdown with this Mafia Landlord.
Whatever has this Riva landlord done, you ask, to cause such a scathing characterization? Read below and find out why the blatant lawlessness of Ernest and his wife Tanya is more injustice in Massachusetts.
The Rivas are confident of their documented violations of law in Massachusetts, they weren't even incorporate. They acted confidently as sole proprietors in the landlord apartment rental business, not worried about lawsuits or Government prosecution for their illegal enterprise.
The Riva's Illegal Lease
Ernest and Tanya Riva aren't shy, they document their illegal Landlord Conduct with a Lease. These Italians have no use for law.
First, look at the lease that Ernest and Tanya Riva produce and require unsuspecting tenants to sign. Most tenants have no idea what the law is that is supposed to be protecting them in Massachusetts. The Riva's lease is so illegally bad that it is a violation of the "Social Policy" and would be null and void before a fair arbitrator in a Court of Law. Of the 21 point lease, at least 7 are totally illegal. In fact, paragraphs #13 and #14 are criminal conduct punishable by Massachusetts Criminal law. These illegally enforced clauses of the Riva's lease are as follows:
Lease Paragraphs #13 and #14 allow Ernest and Tanya Riva, landlords, to violate Massachusetts Law. That's right, those two lease paragraphs state that landlords Riva can just go right ahead and throw tenants out on the Street without Authority of a Massachusetts Court of Law. What the Riva's are allowed to avoid, via their lease, is that in Massachusetts no landlord can evict (throw out in street in case of Riva - landlord) any tenant without going to a Mass. Court of Jurisdiction and getting a Court Order, after required legal procedures are observed. Ernest says, "we don't have time for that (observe law)".
Paragraph #15 is another lease clause of the Riva lease that documents that they can throw the tenant out in the street at the Riva's option, as paragraph #15 refers to #14 for their illegal action.
Paragraph #7 allows the Rivas to break into a tenant's leased premises without the required 24 hours notice that a landlord is required to give a tenant under Massachusetts law before making his "inspection". Landlord Earnest Riva commented that "we don't have time for that". Ernest was referring to complying with Landlord Tenant Law and giving the tenant the required 24 hour notice. The Rivas justify their illegalities by claiming the Building is their property, they own it! However, in the U.S.A., and in particular the State of Massachusetts, the law is, a tenant's apartment is their "home or residence and is for their sole and exclusive use."
Paragraph #9 - part 1 under "Further, that security deposit returned ......." states that the Rivas can charge a tenant for cleaning the apartment after the tenant vacates. This "cleaning" is considered by Mass. Law an operating expense that is normally incurred by the Landlord and is forbidden by Mass. law from being deducted from the security deposit. Of course, this Landlord - Ernest and his wife Tanya have no intention of ever returning a Security Deposit to this tenant. See the balance of that part of #9, it is complete with imaginative charges against the Tenants Security Deposit, so the Rivas can illegally keep the tenant's security deposit. Most of those charges are prohibited by Massachusetts law.
Paragraph #12 - states that the Rivas as landlords are not responsible for maintaining their own building. The Riva's lease states that the Tenant must maintain the interior and exterior of their building and landscaping.
Paragraph #12 - further states illegalities which require the tenant to pay for the cost of repairs of the Riva's broken appliances that need repairs during the lease period. Additionally, the Riva's in this same paragraph make the tenant responsible for all repairs to windows, screens, and their sewage lines out to the street. These are all violations of Mass. Law, those repairs are the Landlord's responsibility under Mass. law.
Paragraph #10 - addresses Ernest Riva's biggest fear, Legal Fees. #10 commands that the tenant pay Riva's Legal Fees regardless of the occasion concerning their illegal lease. Whether the Riva's have to "defend or prosecute" anything in their illegal lease they want to make sure the tenant has to pay, even if the Rivas lose in Court. No wonder the Rivas prefer to throw tenants out in the street. Sadly for the Rivas, if they lose in court regarding a legal action, Massachusetts law prohibits them from charging their tenant for their Legal Fees in any causes of action won by the tenant.
One might think that Paragraph #20 is "Consciousness of Guilt" on part of the Riva Landlords, but they are really documenting that they know their lease is replete with illegalities, so they make attempt to cover their ass with paragraph #20 which they hope will preserve their rights to the portion of the lease that may be legal.
The illegal Escalation Clauses throughout the lease are an invention of the treacherous minds of the Rivas. There is no Escalation of the lease payments on residential rental units allowed under Mass. law. Escalation of lease payments are forbidden on residential apartment units by Mass. Law. However, if the leased rental unit in Massachusetts remains vacant after the tenant vacates, caused by eviction or otherwise, the landlord has a right to the lease payments remaining on the lease, but Mass. mandates that the landlord must make effort to immediately rent that vacant unit. The Riva landlords have evicted several tenants since 2011 and have made no effort to rent the vacant unit during the balance remaining on the lease. The Rivas immediately rent the vacant unit caused by their evictions, once the remaining lease period expires. The Rivas then sue the evicted tenant for the lease payments they did not receive on the balance of the lease during which the evicted tenant was not living in the apartment or paying for it.
Illegal Escalation provisions are also mandated in paragraphs #13 and #14 of the Riva's lease. Those lease paragraphs illegally decrees that "the Riva landlords may declare the entire balance of the rent for the remainder of the term due and payable."
What's a Tennant Do? Alert the local cops in Lee, Mass. because when Ernest Riva brings down his goon squad and breaks into a tenant's apartment to illegally throw them out in the street, Riva will claim that he is not trespassing or "Invading a Home" (criminal home invasion). Ernest will call the cops and claim that he has the right to break into a tenant's apartment because he owns the building. And the Italian Police Dept. in Lee, Mass. will agree with his illegalities.
Earnest you have to obey the law in Mass. and go to the Court to gain entrance to a leased unit, if the tenant refuses to let you, or you and your goon squad, into the tenant's premises. At least that is what the law says, but selective prosecution and local corruption of the police and D.A.'s Office allow for people to act illegally with impunity, as does Earnest and Tonya Riva.
Tenant's 8-31-11 Carbon Monoxide Poisoning threatens Riva's pocket book - they hire a "Hit Squad"
That's not all, if the Rivas get caught in activity that could cause legal action against them, they send out a hit squad. No one is going to sue these Italian Landlords.
On 8-31-11 the Carbon Monoxide Detector went off in loud fast beeps. Michael Elbery, a new tenant at July of 2011, called the local Manager, Rene Vincent, that the Rivas use to "control" their 10 unit Apartment Complex in Lee, Mass.
Rene Vincent's husband, Al, answered the phone, and after being informed by Michael Elbery that the Carbon Monoxide Detector was going off; Vincent immediately ordered Elbery to "get out of the Building and alert all other tenants in the building to get out of the building." Strange, this guy Vincent didn't know and had never seen the new tenant, Michael Elbery, before this call on 8-31-11, yet, he reacted without doubt that there was a Carbon Monoxide problem! Michael Elbery finding this strange asked if there had been Carbon Monoxide problems in the building in the past. Al Vincent, also the subcontractor carpenter/maintenance man at the Riva's Apartment building, would not reply. Vincent responded only that he would call the Fire Dept and a plumber. The plumber also did gas burner work.
Al Vincent has been empowered to act as a manager for Riva and troublemaker, although he is actually just a subcontractor at the Apartment Complex.
The Lee, Mass. volunteer Fire Dept. showed up, but the Carbon Monoxide Detectors stopped because Michael Elbery, at Al Vincent's direction, had opened the cellar bulkhead door causing escape and dilution of the Carbon Monoxide that escaped from the gas burner. Al Vincent showed up and wanted to blame tenant Michael Elbery; Vincent claimed that Michael Elbery turned on the heat. In August? Turn on the heat? Vincent also demanded of tenant Michael Elbery "what does the Carbon Monoxide smelled like!" This Bozo - Al Vincent stated he, Al Vincent, was able to smell Carbon Monoxide. Michael Elbery told Vincent that he could save money on Carbon Monoxide Detectors because Carbon Monoxide is colorless and odorless.
Al Vincent was disappointed when the next door apartment/tenant confirmed she heard the CO2 Detector alarm go off in rapid beeps.
Michael Elbery was burning inside as a result of the Riva's Carbon Monoxide leak and had no choice but to go to the local hospital in Pittsfield, Mass.. The physician told Elbery that oxygen is used to counter the effects of Carbon Monoxide Poisoning. Michael Elbery breathed in Oxygen while laying on a hospital bead for 3 hours. Oxygen is the anti-dote for Carbon Monoxide poisoning.
That night, Manager, Rene Vincent, called Michael Elbery and claimed that her and her husband would be blamed by the Riva owners for a lawsuit that she felt would result from the Carbon Monoxide Poisoning. Rene Vincent demanded that she and her boss, Riva, be provided the medical records resulting from Michael Elbery's trip to the Hospital. Rene Vincent stated she called the Lee, Mass. Police and that the Pittsfield Hospital would not give them any information. All the lousy people in our Society have a cop in their pocket.
The next day, Al Vincent knocked on the door and demanded immediate entrance into Michael Elbery's apartment in order to comply with Landlord Ernest Riva's command to get the Carbon Monoxide Detector that went off the day before. Riva wanted Al Vincent to grab the evidence that they thought existed on the Carbon Monoxide Detector. Dum-dum Al Vincent and his Mafia Boss, Earnest "Mickey" Riva, believed that the $30.00 Carbon Monoxide Detector had recording capabilities and could be used as evidence against boss, Ernest Riva, who wanted to conceal evidence. That detector had no recording capabilities, as per review of the manufacturer's manual available on the Internet, and per phone conversation with a representative of the Manufacturer.
Michael Elbery told Al Vincent to leave the Carbon Monoxide Detector where it was because he needed it due to the obvious threat of death that existed in that apartment and entire building. Vincent had another, even cheaper, Carbon Monoxide Detector with him and Michael Elbery told Vincent to leave it because he could use 2 detectors because of the Carbon Monoxide "problem" that he knew was in the Building. Vincent got mad and slammed the door breaking it as he exited Michael Elbery's apartment.
Al Vincent had plenty to say while exiting Michael Elbery's apartment. Vincent threatened, "you are getting out of here", "you'll see what is going to happen to you", "you're gone." "You getting out of here".
Manager Renee Vincent showed up later in the day demanding the Carbon Monoxide Detector, while stating she called the Lee Police Dept. and that "the Carbon Monoxide Detector is "their" property, and if you don't turn it over you will be arrested". Michael Elbery went to Home Depot and bought another Carbon Monoxide Detector.
At 3:00am. on Monday morning (Labor Day of 2011) Michael Elbery heard a car pull up in the street in front of his building; the apartment windows were open as it was still hot weather. The occupants of the car were not silent, the doors of the big Lincoln Town Car needed grease, and Michael Elbery immediately woke and observed two blacks (Negros) exit the car that had noisily pulled up in the street. This was Al Vincent's threat, it was a "Black Hit Squad" on Labor Day of '11 complete with an "Italian get away man", who stayed behind the steering wheel of the white Lincoln Town Car. This "Italian Get Away Man" had grown up a few houses down the street. His mother would be driving the same car by 2014.
Michael Elbery raced through his apartment as he observed the two blacks make a B-line up the Apartment Complex driveway from the street. He opened his back door at the same time the two blacks had run up the driveway to the back of the apartment building which caused them to position themselves up against the hedges at the edge of the driveway that bordered the next door neighbor's property line. The two blacks were about twenty years old and were dressed completely in black clothing. After a silent "stand off", the two blacks, who had ice picks in their hands, retreated to the Lincoln Town Car and their Italian get away driver. The interior lights went on in the Town Car as the two blacks opened the doors to get back in the car. The driver's voice was load with exclamation, but Michael Elbery could not discern the words from his window view.
What a coincidence, just in mid-July of 20011 during the signing of the Riva's illegal lease, Apartment Manager, Rene Vincent, tried to convince the new tenant, Michael Elbery, how safe the neighborhood was. She claimed that, after she moved out off that same apartment, her son lived there and that her son never closed the back door at night. Rene Vincent was, during that lease signing, trying to convince the new tenant, Michael Elbery, to leave the back door open at night!
Michael Elbery immediately reported the incident to the Lee Police Dept. recorded on 911, so that the next time the "Negro hit squad" shows up that he is less likely to be convicted of Murder for having to defend himself against murderers in the night. The Lee, Mass. Police dispatcher, upon hearing the details of the incident, responded that the 2 black youths were "probably visiting someone else in the apartment complex." Michael Elbery responded, "strange way to make a social call at 3:00am., they needed a get away driver."
Michael Elbery followed up the 911 call to report the incident and a call to the new Chief of the Lee, Mass. Police - Buffis. And followed up with a letter concerning the numerous landlord illegalities at the new Apartment Complex that he had just moved into.
Al Vincent threatened it would happen and implied that Ernest Riva was giving the orders. This fat, sick looking, Berkshire County Goober, Al Vincent, quaked with fear when he implied retaliation by Italian boss, Ernest Riva.
CO2 Leak confirmed by the local Berkshire Gas Company
Apartment Mgr., Rene Vincent, has been empowered by bosses, the Riva landlords, to act like she has a big pair of balls; she acts with impunity when dealing with Riva's tenants, at least the ones that aren't Italians. That's why Renee made mistakes, too big for her already fat britches.
Riva's manager, Rene Vincent, would bark that, "I give the orders down here." Well, actually she follows Riva's orders and that's why she is so obnoxiously hostile. Rene Vincent is a fat ugly bitch!
In early November of 2011, Rene Vincent showed up at Michael Elbery's apartment inquiring why he was using so much gas for heat. The apartment building was heated by gas and was the one utility that the Landlords, Riva, include in the rent. Michael Elbery instructed Vincent that he had only turned on the gas heat once, since he moved in in July of 2011. Rene Vincent let down her guard, she revealed that all the 4 apartments in the building were using excessive gas heat, especially apartment #10. Vincent exclaimed that Apartment #10 (another tenant in the building) was using TEN Times the usual gas for heating at this early time in the heating season.
Shortly after Rene's revealing visit about excessive gas use in the Apartment Building, a platoon of Berkshire Gas Company employees showed up and searched the area, including gas line areas and the Apartment Building's cellar, for a gas leak that these Gas Company employees said the Landlord was blaming the Gas Company for. The Gas Company employees stated that the problem was with the the Gas burner.
Typical Rivas, they are never wrong and so they blamed Berkshire Gas Company. for their killer Carbon Monoxide leak.
The Carbon Monoxide leak of 8-31-11 is no longer a mystery; it was caused by Riva's broken gas burner! Landlord, Rivas', Italian plumber (green Ford van L13-392) replaced the regulator on the Gas Burner. Was the Carbon Monoxide leak fixed? All so Riva's tenants could breath another night until the Riva's caused more deadly problems at their shitty overpriced apartments.
No you can't smell the rotten egg scent the Gas Company is required to add to the otherwise odorless natural gas. Once the gas is ignited in the gas burner the egg scent is void. The combustion of the gas in the gas burner gives off a variety of products (exhaust) including carbon monoxide.
Beware - Riva Apartment Manager, Rene Vincent, wants to Give FREE CABLE TV to new tenant?
The Riva's Manager, Rene Vincent, handled the apartment rentals at Riva's Apartment Complex in Lee, Mass.. She put the add in the local newspaper and showed the apartments and took care of the lease signing for the Riva's, who lived about 30 miles away in Connecticut.
Renee didn't just try to convince the new tenant, Michael Elbery, that the neighborhood at 120 Old Pleasant st. was so peaceful and safe that he should leave the door open at night, but that he could also get free cable TV.
Rene instructed Michael Elbery, when she showed Michael Elbery the apartment #7 at 120 Old Pleasant st., that she had lived there for a few years, and when she moved out her son lived there. Rene stated that she and her son always had Cable TV in that apartment but she never paid for the hijacked cable tv she stole. She told Michael Elbery, a person she never saw before, that she had "somebody" that knew how to wire/hijack the cable TV. Renee Vincent asked, if Michael Elbery would be interested in getting Free Cable TV. Michael Elbery knew there was something wrong and deferred on an answer.
Upon signing the apartment lease a few days later, Rene Vincent asked again, if the new tenant, Michael Elbery, wanted free Cable TV. Trying to discourage this conjob, Michael Elbery asked, who it was that was hijacking the Cable TV wiring in the building. Rene stated, "we have somebody". Michael Elbery explained that Time Warner was the world's worst company and that when something goes wrong with their cable signal, repairs have to be made by Time Warner. Renee Vincent tried to convince Michael Elbery that the same "somebody" that was hijacking the Cable TV wiring would take care of Time Warner's numerous problems. Michael Elbery passed on Rene's Free/Stolen Cable TV.
What an apartment manager! Rene Vincent will provide stolen Cable TV, but she absolutely refuses to provide a rent receipt that is the landlord's obligation under Massachusetts law.
The "Riva Plan" - Steal from Tenant
The "Riva plan" was to get the new tenant take the Free stolen Cable TV, so that Al and Rene Vincent could squeal to the Lee, Mass. Police that an illegality had been committed on premises which is a violation of Riva's lease - paragraph #12. The Riva - landlords would then have an excuse to claim their illegal escalation clauses, via paragraph #13 & #14 of their lease, be enforced. The escalation clause would be particularly profitable concerning a new tenant to these thieving Riva landlords because the Rivas think their illegal escalation clause would entitle them to the entire remaining balance of monthly lease payments per the one year lease. And of course, the Rivas would have sued in Court and demanded their legal fees by the tenant that they evicted. Sadly for the Rivas, their amateur tricks failed on Michael Elbery.
But read next section for similar illegalities that Landlords, Ernest and Tanya Riva, think they can pull on tenants, so they can enforce their illegal escalation lease clauses.
July 2013 Fabricated Eviction - Backfires - Ernest gets frightened by Lesson in Law
Mickey and Tanya Riva are full of deceptive tricks, but some of the Riva Tricks backfire on these scheming cheap Italians. One of their tricks is to wait until a tenant signs a fresh lease, and then the Rivas immediately evict them and then enforce their illegal escalation clause claiming the entire year's worth of rent is due after they illegally throw the tenant out in the street for a phony violation. That was the Riva's plan with their Manager's, Rene's, trick of free TV. What a shame they couldn't convince Michael Elbery to leave his door open at night, nor could Riva's manager, Renee Vincent, convince him to take up their Free TV offer, so they could have their local friends at the Lee Police arrest him.
By 2013 the Rivas were bewildered that this Anglo tenant, Michael Elbery, was still renting one of their apartments at 120 Old Pleasant St.. Michael Elbery was also surprised but had since the summer of 2012 been unable to escape Lee, Mass. due to two torn Achilles Tendons which caused him to use crutches and walking boots/casts into 2016. That injury caused Michael Elbery to be incapable of mobility and he was not able to get away from the Ernest and Tanya Riva and their Management team, Al and Rene Vincent.
So what did the Rivas do? They fabricated an incident with their managers, Al and Rene Vincent.
On 6-26-13, Al Vincent was used by the Rivas to initiate a new scheme to get the Rivas stolen money, via their illegal escalation lease clause #13. Al Vincent showed up and demanded that Michael Elbery "move his truck" which was parked exactly where it was supposed to be parked, behind his apartment. Whenever Al Vincent decided he was going to go up on the Apartment Building roof, or just use a ladder, he made tenant, Michael Elbery, "move his truck". Oh, Al Vincent had all kinds of other places that he could have used to put his ladder up against the building, but he deliberately demanded that "you got to move your truck", so Al Vincent could cause a deliberate inconvenience to Michael Elbery, who was on crutches and had too many injuries to his, at June of 2013, right leg and foot, to list.
Two casts on tenant, Michael Elbery's, legs made it all the more enjoyable for these Italian landlords. The American Disabilities Act does not stop them. "Move you truck for no reason" is a tactic the Riva's use to make sure they are in charge, after all they will tell you they own the building. The Riva's don't acknowledge law and provide no Special Accommodation for the Handicapped, just the constant needless orders to "move your truck". But the Rivas make special accommodation for the Italian tenants.
Of course, Al Vincent didn't need tenant, Elbery's, truck to be moved in order to put a ladder up against the Apartment building. The ladder was footed into the grass and Elbery's truck was parked in the parking lot with many feet of space from the ladder's position. Al Vincent was causing trouble at Riva's direction, so the Rivas could have an excuse to evict Michael Elbery. Michael Elbery told Vincent that Vincent didn't need the truck moved and that there was plenty of room for his ladder. Further more, Elbery inquired why Vincent could not position the ladder somewhere else that would have allowed Al Vincent access to the same roof area. Al Vincent didn't reply but got mad and left the premises in a yelling rage without doing any of his worthless ladder work.
Moron, Al Vincent's, last words on 6-26-13 were, "Rene will be asking you to leave."
Manager, Rene Vincent quickly followed up with a complaint about the incident. Tenant, Michael Elbery, told Mgr. Vincent that there should be no more incidents of rage by her husband when there is absolutely no reason for him (Elbery) to move his truck.
Ernest and Tanya Riva sent Michael Elbery a Letter of Eviction Notice claiming "rudness" and failure to allow inspection of his rented apartment by the landlord.
Ernest Riva used the occasion to make a call on tenant, Michael Elbery, claiming his concern that this tenant "didn't move his truck". Riva refused to accept the fact that Al Vincent had no need to have him move the truck, nor did Riva require anyone else to move their vehicles. Most of the other tenants were treated with extreme courteousy by the Vincents because those other tenants are Italians. Oh, Ernest Riva didn't make his call by himself, even though Elbery was on crutches and there are only a few years difference between Ernest Riva and Michael Elbery. No, Riva, like a typical Italian, was scared to deal man on man, so he brought two jerks with him, who together were about 600lbs.. One of Ernest's goon squad was in his mid-twenties and looked like he was anabolic steroids.
Michael Elbery responded to the Riva's eviction, see Letter of Response sent to Earnest and Tanya Riva , which caused the plan of these greedy crook landlords, who were counting on a year's worth of rent, to backfire.
Italian landlord, Ernest Riva and his wife Tanya, were quiet for a while.
Why rent from such Landlords?
After reading this link, a reader would probably ask why rent from these Riva's in the first place? You would say, find another place to live!
Berkshire County of Massachusetts is a rural area without many residential rental units available. 90% of the rental units in Berkshire County are in Pittsfield. Pittsfield is another welfare induced urban area that caters to Section 8 tenants, namely colored people. A white man will not find it advisable to rent in Pittsfield, Mass. because it is a war zone. Pittsfield, Mass. is barely an urban area because it has an official population just about 40,000; every urban area in the U.S.A., even towns with 40,000 have deteriorated into urban blight due to Government Sponsored Social Design Policies that allow massive invasion into the U.S. of foreign coloreds and welfare for all non-whites, citizen or not.
If you need a place to live in Berkshire County, you have to trade-off different deficiencies in any potential apartment/rental unit. One of the trade-offs involves finding a rental unit in a livable neighborhood. Ural towns like Lee, Mass. provide a starting point of a quiet livable area without having to battle non-whites who have their rent paid by the Federal Government. In today's America the police are trained to find fault with a White Man when there are incidents with coloreds. That's just more reason why whites don't want to live in any area that includes Negroes or other varieties of coloreds in this here U.S.A..
Michael Elbery moved in to Riva's Lee, Mass. apartment on 2011 and then by2012, Michael Elbery, was crippled and could not leave to find another location and move. Otherwise, he would have been out of there years ago. Michael Elbery was bogged down in Riva's apartment for 4 years after he was hit by Cyanide Gas and crippled until the summer of 2016, or he would have been out of there long ago.
Another Riva Tricks Backfires @ July 2014 - No more Lease and Rivas have to pay their own Legal Fees
The Rivas have their manager, Rene Whipple - Vincent execute all their tricks. The Rivas have their manager, Renee Vincent, present their lease for signing without any timely opportunity by the new tenant to make an informed reading of the lease. In July of 2011, Michael Elbery (at that date a consumer looking for an apartment to rent) called Rene Vincent after she made appointment with him to sign their lease, in attempt to acquire the lease so that he could take time to read their lease contract. Rene refused to return the call. Instead, Rene put on the pressure and demanded that the lease be signed and only gave 15 minutes for the future tenant to read the lease, while the manager-Rene breathes down your back annoyed that the tenant finds it necessary to read the lease contract.
The Rivas depend on their illegal lease being signed, so they can rip off their tenants and have total dictatorial control of the tenants. The lease contains a provision that their tenants pay their legal fees should the Rivas have to "defend or prosecute" any of the various legal and illegal clauses in their lease. However these lousy crooks, the Rivas, don't have to worry about obeying the law; their tenants never challenge their illegalities. Regardless, of the Riva's legal fees clause, the tenant is not liable for those legal fees, as per Mass. law, should the tenant win in a court of law against the Rivas.
Another of the Riva's tricks is not to contact the tenants about renewing their lease unit a few days prior to the current lease expiration. This way the tenant is more likely to re-sign the Riva's illegal lease. That's right, the Rivas had a policy of demanding that the tenant renew a new lease at the time the old lease expired; that way the tenants had the impossible or very costly job of finding a new place to live. The Rivas refused to allow a tenancy at will for even a short period after one of their leases expired, so to maximize leverage/control over the tenants. The Riva's really got obnoxious about the renewal of their leases for the lease period starting July 1, 2014; the Riva's didn't initiate the lease renewal process until after July 1, 2104. That's right, the old lease expired on June 30, 2014, and the Riva's didn't have their Manager, Rene Vincent, contact the various tenants, who Rene claimed were "a dozen", whose leases needed to be renewed. The problem for the Rivas was that they had also collected the rent checks for the new month of July 2014 causing Michael Elbery to be a "tenant at will". As a "tenant at will" all the leverage the Rivas had over Michael Elbery, via their lease provisions, including their Legal Fees being paid by the tenant, were gone.
Michael Elbery was still unable to walk at July 1, 2014 due to crippling effects of the police Cyanide Gas Attacks of 2012. He would have had no choice but to reluctantly renew with the Rivas. However, the Rivas "out tricked" themselves. Well, actually it was their manager, Rene Whipple Vincent, who got arrogantly sloppy. Rene reported to the Rivas that tenant, Michael Elbery, signed their lease, again, for another year. This 2014 lease was identical to the original illegal Riva lease, but Michael Elbery never signed. The Riva's sent a confirmation that he had renewed the lease for another year.
Within a few days during the first week of July 2014, Rene Vincent went on a psycho yelling attack while yelling and screaming at Michael Elbery. Elbery had no mercy for this piece of garbage bitch who had gone out of her way to cause him trouble for the last 3 years. Renee Vincent demanded that she had "made a mistake" and demanded that Michael Elbery sign the lease. Rene Vincent threatened that she would call the Lee Police because the lease belonged to her and the Rivas. Michael Elbery told Rene that he did not agree with her and that her bosses, the Rivas, had confirmed in writing that Elbery signed the lease.
Rene Vincent, the Riva apartment manager, lost, and she didn't look good. Her bosses the Rivas were defeated by their own documentation and had no lease as leverage to make false claims and cause legal fees to their tenant, Michael Elbery. If the Rivas decided to evict Michael Elbery, the cheapo Rivas would have to pay their own legal fees.
The Rivas were scared they no longer had leverage via a "Legal Fee clause" in their lease. The Rivas decided to sell the 10 unit apartment complex they owned in Lee, Mass.; they made some showings but didn't find a buyer. So Earnest and Tonya Riva incorporated the ownership of the Apartment Complex to avoid a lawsuit that they would have to defend via Michael Elbery. Prior to December 2104 they did business as a sole proprietor. These Rivas went to extremes when they lost their lease provision leverage over Michael Elbery to force him to pay their legal fees. These people are serious crooks.
Michael Elbery thanked the Riva landlords for the "mistake" in confirming that their tenant had re-signed another illegal lease.
2015, The Rivas Command Extortion via Another Illegal Lease Signing - Riva's Mafia tactics Fail with Anglo tenant
A year went by and the Riva's had not changed their ways; they still think everybody is scared of them. They are the scheming Ginzos, who have to have illegal leverage over their tenants or they are miserable. The Rivas want to cause their tenant trouble by creating false grounds for evictions as is provided by design in their illegal lease clause #13, and then make the tenant pay the legal fees. That lease clause #13, only requires a false accusation that a tenant has made noise and the tenant will be subject to Riva's eviction (throwing tenant out on the street without Due Process of Law) by the Rivas and that tenant will have to pay Riva's legal fees, and balance of the Riva lease term, so the Rivas can railroad that tenant illegally.
Yes sir, the Rivas had been waiting a year and this time were prepared. In May of 2015, the Rivas sent "tenant at will", Michael Elbery, a letter with an accompanying lease. The letter made Riva demand that he sign their illegal lease for the rental period starting July 1, 2015. Yes, the lease they demanded Elbery sign was the same lease with all the illegal clauses and provision that Elbery pay their legal fees should the Rivas decide to throw him out on the street without Due Process, as per Mass. law, on fabricated grounds.
On June 28, 2015, Michael Elbery responded with a letter in return. This letter informed the Rivas that he didn't receive proper notice leave the apartment as required by Mass. law for a "tenant at will". What a shame for the Rivas, who have absolutely no use for the law and think they are the law, and who are too cheap to pay their own legal fees.
Now, the only way to get Elbery out of their apartment is by following the law. Which they don't want to do because they are not capable of understanding law and will have to go to an attorney to take the proper notification process and that will cost the Riva Landlords money. Whatever will they do, they collected the July 2015 rent from Michael Elbery and have extended his "tenant at will" status. Will they take the risk of evicting Michael Elbery after giving him proper termination notice as required by law? A landlord, like the Rivas, takes the chance the tenant will counter sue for all the numerous Riva illegalities, herein.
Michael Elbery gave the Riva's fair notice of his intent to counter sue for the illegal conduct should they go to the Court and evict him. Should a landlord in Mass. have to go to court to evict a tenant, that tenant has the right to counter sue causing, in the case of the Riva landlords, expensive litigation.
Ernest "Mickey Mouse Mafia Boy" Riva doesn't like getting outsmarted, even if he is a glittering ignoramus. He wants to even the score and beat his Teuton tenant, Michael Elbery, but he doesn't know how. What will this runt's next move be?
Earnest and Tonya Riva decide to "Run Away" - Sell an Apartment Building Full of Lead Paint to Al Wilcox and Lynn Bertelli
Since 2015, Earnest and Tonya Riva were in fear that they would go to jail for their violations of law that exist in their illegal lease. The Rivas were also afraid that all the tenants in their Apartment Complex in Lee, Mass. would be alerted to the illegal lease causing the Rivas to be sued and their devious plans to be foiled. This all because Michael Elbery let them know that he understood the law and the Rivas were in fear of a lawsuit or the Attorney General's Office or one of the Tenant Protection Watchdog Organizations in Massachusetts attacking them with legal action.
The Rivas had the Answer to the knew fear of law put in them by Anglo tenant, Michael Elbery. In the summer of 2015, the Rivas decided they had enough and would sell their Lee, Mass. apartment complex. They showed the apartment complex several times through a realtor but got no buyers. The potential buyers were unsatisfied with the external condition of the Building on Old Pleasant St.
By 2016 time was against them and the Riva violations of law at their Apartment Complex in Lee, Mass.. The Rivas were forced to make renovations to sell the Apartment Complex to new landlords Al Wilcox and Lynn Bertelli. Riva had a sale to Al Wilcox and Lynn Bertelli on the condition that the Rivas make repairs to the building. The repairs including replacing the bricks that fell out of the building, painting the outside of the building, and replacing the fascia that had a hole in it due to water pouring through it because Al Vincent had deliberately removed the gutter and left the drain pipe hanging off the side of the building since 2014.
The other renovation that was a condition of the sale was the removal by Riva of the lead paint in Apartment #7 and #9 that was peeling and chipping off the wall because of all the water that had run inside to the interior wall of that building due to the gutter missing for years and replacing of the bricks that were falling out of the building causing more water to run inside behind the brick exterior of the Apartment Building. So much water ran behind the brick sheathing of the building (the brick outside wall) that the inside plaster wall was melting from water damage causing the lead paint to be falling off the wall. The building was built long before 1978 and lead paint was outlawed. It is presumed by law that any building built before 1978 has lead paint. Riva got away with not removing the lead paint on the outside surfaces of the Apartment Building that was peeling off the building but he could not get around his tenant in Apartment #7, Michael Elbery, who knew the Lead Paint Laws. Per October 2016 conversation with Rivas maintenance man, Al Vincent, he was "coming in there" to remove the lead paint and replace the framing studs in the wall of the building that had been rotted from water logging due to the gutter missing and the water running behind the outside wall. Al Vincent instructed that the insulation is all wet and worthless, which would be true.
Al Vincent disclosed in October of 2016, that it could take him 30 days, or "as long as it takes", to replace the framing studs that were rotted in the northwest corner of the Building due to the over 2 years of running rain water flowing inside the building because the gutter was removed. Al Vincent told tenant, Michael Elbery, that "you have to find another place to live during the lead paint removal" because of the dangerous to human life it causes.
Michael Elbery knew Al Vincent was not certified or licensed to remove lead paint as required by law. Michael Elbery asked Al Vincent, "don't the lead paint laws require you to be licensed to remove the lead paint in an apartment building?" Vincent responded, "I don't like the lead paint laws" and that was the end of Riva removing the lead paint in the Apartment Building lived in by Michael Elbery. Riva being a cheap asshole didn't want to pay the price caused by Mass. Lead Paint Removal Laws.
Bertelli and Wilcox buy the Building regardless of the Lead Paint Violations and Structurally Defective Water Logged Framing
However, the lead paint didn't deter the new owners, Al Wilcox and Lynn Bertelli from buying the 10 unit Apartment Complex that consisted of 2 buildings. Al Wilcox had a plan that would save him about $50,000.00. Wilcox decided that he was "going to get in there" and remove the kitchen walls in Apt. #7 and Apt. #9, himself, without complying with any lead paint laws.
Tenant, Michael Elbery, refuses to allow new landlord, Al Wilcox, to get in his apartment to rip lead paint walls off the framing studs because the lead paint will kill him as the lead paint particles filter through the air and settle throughout his apartment.
After being asked by Michael Elbery, if he is certified as required by law to remove Lead Paint, Al Wilcox claimed, "I am certified to remove the Lead Paint". Al Wilcox said he was certified to remove lead paint. Al Wilcox got caught lying! Michael Elbery told Al Wilcox that he "does not have a license to remove Lead Paint in Mass. because he checked with Massgov. and Wilcox does not show up for any license, not even Lead Paint Removal".
To remove the Lead Paint in Michael Elbery's Apt. #7 Wilcox has to hire a Licensed Lead Paint Inspector, a Licensed Lead Paint Remover, and also Register with the Board of Health. As the landlords, Wilcox and Bertelli, are required to first provide all the tenants in the building with a 10 day Notice that amongst many required details of the Lead Paint removal, list the Licensed Lead Paint contractors who will be doing the job. Wilcox would also, per Mass. Lead Paint Removal Laws, have to provide his tenant suitable other living quarters at Wilcox's Expense during the Lead Paint Removal Job. But Wilcox wants to Violate the Lead Paint laws and remove the Lead Paint in Apartment #7, himself, just as he already did in Apartment #9. All so Al Wilcox and Lynn Bertelli can save money and in the process kill their tenant, Michael Elbery with Lead Paint Poisoning.
On April 12, 2017 Lynn Bertelli arrived at Michael Elbery's Apt. #7 door for her needless "Mass Save Energy Audit; Michael Elbery served Landlord, Lynn Bertelli, a 93A letter alerting the landlords that they will be sued for numerous violations of law concerning Apartment #7. Michael Elbery also alerted Lynn Bertelli that he is "moving out of here because I don't like living here any longer". But Michael Elbery already alerted landlords, Bertelli and Wilcox, that he was leaving as soon as he found another place to live.
In retaliation for Michael Elbery's, April 6, 2017, 93A letter, on 4-22-17 Al Wilcox excitedly knocked on Apt. #7 door and yelled, "I'm coming in there with another man on Monday (4-24-17) to remove the lead paint in there." Michael Elbery replied that "you are not complying with the Massachusetts and Federal Lead Paint Removal Laws and I will call the police if you show up here Monday morning to force your way into my rented premises!"
Al Wilcox stupidly then returned with a handwritten notice that he claimed made his attempted Monday morning Illegal Lead Paint Removal all of a sudden legal. Wilcox claimed that "his man" was licensed to remove Lead Paint. Michael Elbery immediately checked Massgov. for Raymond Supranowicz and he did not appear as being licensed to either remove or inspect Lead Paint in Massachusetts. Michael Elbery told Wilcox that he and the other tenants are owed by Mass. law a 10-day written notice of all proposed Lead Paint Removal and Inspection complete with documentation of licensing and certification by the people who will engage in the Lead Paint Inspection and Removal. Wilcox is also required by Mass. Law to register his proposed Lead Paint Removal with the Lee, Mass. Board of Health. Wilcox refused, telling tenant, Michael Elbery, that he isn't doing that. Notice Wilcox uses two "rr's" in Elbery, as has his wife, Lynn Bertelli, when they can't get their illegal way.
Ya, Wilcox has been investigating Michael Elbery. During the controversy of April 22, 2017, Wilcox found it necessary to confirm that Michael Elbery never had any children. That's right, and you can't go after my children because I never had any; it is a Modern World and with all the contraceptives there is no excuse to have children if you feel things aren't right. When Michael Elbery asked Al Wilcox if he was related to Attorney Mike Wilcox of Worcester and partner of Louis P. Aloise, Wilcox was silent. It is small world and small people who have small resources like two "rr's".
Wilcox and Bertelli Want to Cover- Up the Evidence of their Crimes, Lead Paint Violations, Water Logged Framing Causing Condemnation
Al Wilcox also exclaimed while yelling his displeasure with tenant, Michael Elbery's 93A letter, "you like to send those letters, well we will take the lead paint out!" Wilcox, and his wife landlord, can dish it out but they can't take it. As a tenant, who pays his rent promptly on the first of every month, Michael Elbery has cornucopia of rights as a tenant as provided by the Massachusetts State Legislature via the Landlord Tenants Laws. Wilcox would love to remove the Lead Paint covered plaster walls in the kitchen of Apt. #7, so to cover-up the Lead Paint Violations and the Framing studs and sills that are water logged and should cause condemnation of the Building; Wilcox wants to do it himself in Violation of Law. Wilcox has no problem causing a Lead Paint health hazard to his tenants. The only thing important to Wilcox and Bertelli are their pocket book!
Wilcox and Bertelli refuse to Comply with Mass. Lead Paint Laws because the Process is very expensive if landlords, Al Wilcox and his wife Lynn Bertelli, obey the Lead Paint laws.
Michael Elbery has to alert the Authorities, Local - Lee, Mass. Board of Health and State Board of Health of the lead paint problem that exists at 120 Old Pleasant St.. The Building Inspector will be notified that the framing in the walls and sills are rotted from years of water logging that Wilcox and Bertelli want to cover up. The Insulation is also water logged.
And of Course, Wilcox and Bertelli need to be sued for their Violations of law!! First, Bertelli and Wilcox get a 93A for their good work and illegalities. Due to the persistently obstinate harassment by the Landlords, Bertelli and Wilcox, there will be an Additional count in the lawsuit against them for Violation of Quiet Enjoyment., all via a brand new Updated 93A letter.
This landlord, Al Wilcox and wife Lynn Bertelli, are stupid people who would rather cause trouble and kick their tenants around in violation of Law. Michael Elbery already notified in writing that he has no intention of living in their apartment #7 and is in process of finding another place to live. Not good enough for these slum landlords they would rather kick ass and pretend that they have the right to property and can do whatever they want. Michael Elbery further told Al Wilcox that "I had no intention of living here and I don't want to live here."
Wouldn't you know it, Al Wilcox is in Government. Wilcox is a local yokel Elected Official in the Good Town of Tyringham, Mass.. Lynn Bertelli is an appointed Official in the Good Town of Tyringham, Mass. So pious and the pretense of law abiding, isn't it always the way in todays U.S.A..
The Police will also be notified that Wilcox is planning more illegalities.
Wilcox knows he got Caught in Crime
On April 22, 2017, Al Wilcox screamed at tenant Michael Elbery that "the Lead Paint Removal in Apt. #9 is none of his business." Wilcox and his "scooter riding son" removed lead paint in Apt. #9 without complying with law. When Wilcox and Bertelli bought the building, in November of 2016, the tenant in Apt. #9 moved out, so the new cheap Landlords, Bertelli and Wilcox, took opportunity to violate the Mass. and Federal Lead Paint Laws in that Apt. #9. Wilcox knows that Michael Elbery knows that what Wilcox did in Apt. #9 is a crime. And Wilcox is real nervous about it because it is easily proved by existing physical evidence.
In late April of 2017, there was, a middle aged 6'-7" skinny white male, who identified himself as being from the "insurance Company" to "appraise the Building." Looks like the Landlords want to make sure there building has plenty of fire insurance.
90 Days Later Bertelli's son moves Out - Is this place going up in Flames for Insurance $$ - Hide the Evidence
Lynn Bertelli's son and his wife moved into Apt. #9 on about February 1, 2017 (see the Updated 93A letter for details on Bertelli's son). Now, at the end of April 2017, Bertelli's son is moving out of Apt. #9. During the last week of April 2017, Bertelli stood at tenant, Michael Elbery's, front door and spoke to her son in load voice, so that Michal Elbery could hear their conversation 2 rooms away. Bertelli stated that her son would be moving out and that he would be leaving his furniture. Leaving his furniture!!
This was the same son that moved in to Apt. #9 on February 1, 2107. This is also the same son that Bertelli decided would occupy Apt. #7 because it is her property. The problem Bertelli had was that there was and existing tenant, Michael Elbery, in Apt. #7. When Bertelli ordered Michael Elbery out of Apt. #7, so her son could take that Apartment #7, Michael Elbery declined. So after Al Wilcox illegally removed the Lead Paint in Apt. #9 and spent 2 weeks renovating Apt. #9, Bertelli's son moved upstairs to Apt. #9. Bertelli was quite insistent that her son needed a ground floor apartment with no stairs, very important according to her long list of reasons.
Now, after 90 days, Bertelli's son and his wife are leaving and also leaving his furniture. I bet there is plenty of insurance on her son's apartment #9, not just the Landlords' insurance but insurance on the contents of Apartment #9.
In my Opinion based on the facts supported by evidence, Al Wilcox is in fear that the Authorities have already found out about his criminal violations of the Lead Paint Removal Laws in Apt. #9. Wilcox and Bertelli are people that think they can do what anything they want to do. They have a very expensive problem in Apartment #7; a lead paint problem. They also have a structural problem in the northwest corner (forms apartment #7 and #9 corner) of the 4 Unit Apartment Building at 120 Old Pleasant St., Lee, Mass due to the water leaking behind the brick wall causing the framing and sills to rot. The building is structurally unsound and the framing needs to be replaced. The building will be condemned when the Authorities learn of this structural problem.
In my Opinion based on the facts supported by evidence, A fire in the northwest corner of the soon to be empty Apt. #9 would solve all their problems at the expense of the Insurance Company and all the structural problems and Lead Paint Violations would go up in fire. The insurance company would also pay for new furniture in Apt. #9. The landlords would get rid of their paying tenant in Apt. #7 without going through evictions proceedings that would result in a counter suit that expose all their illegalities and cause a condemnation of their Building, as well as, the very costly Lead Paint Removal.
As soon as Bertelli's son moves out it will be an alert for this place to go up in fire. Some of the neighbors have been informed of the situation at 120 Old Pleasant St., Lee, Mass., including Albert across the street; she is on the Lee, Mass. Volunteer Fire Dept.
Letter Lee, Mass. Building Inspector, Letter Lee, Mass. Chief of Police, Letter Director of State Board of Health, Letter Lee, Mass. B of D,
Updated Illegalities of Wilcox and Bertelli via 93A letter, And then things got real nasty after June 1, 2017.
The Mass Save Energy Audit (light bulbs changed so Bertelli could snoop)
On May 12, 2017, Landlord, Lynn Bertelli, accompanied an alleged Mass Save Energy Auditor, ECT, Chad Simmons. Actually, Simmons wasn't from the Utility Companies who run Mass Save or any company named Mass Save, but Simmons worked for a company called Center for EcoTechnology (CET). CET has all the symptoms of a Fraud, similar, to Y2K Studies at Boston University (B Jew).
All Chad Simmons did was replace 6 light bulbs in Apt. #7 and gave tenant, Michael Elbery, an electrical outlet strip he claimed would save energy.
What was the big deal! All the Notice to the tenants in the one building at 120 Old Pleasant St. and all they did was a few light bulbs. They didn't go to the other building in the Apartment Complex with their "Mass Save Energy Audit". The other building is bigger and has more tenants and even more light bulbs. There must have had need for new light bulbs in the other Apartment Building, why didn't Simmons with Bertelli, in escort and observation, due an Energy Audit of the 6 unit building that makes up the balance of the 10 Unit Apartment Complex?
What were Simmons and the Landlords, really up to? Bertelli was making careful observation.
Michael Elbery called the Utility Companies and "Mass Save" and inquired, before May 12, 2017, as to exactly what the "Mass Save Energy Audit" consisted of. The Audit was supposed to test insulation, appliances, thermostats, the furnaces, in addition to the light bulbs. The people at the Utilities and "Mass Save" were clear that there would be "a lot of equipment" involved in the testing required of the "Mass Save Energy Audit" that would take about 2 1/2 hours for a residential unit. However, Chad Simmons did not even have a "stool", so he could install light bulbs! This Simmons wanted Michael Elbery to provide him with something that he could use, a stool, so Simmons could install light bulbs in the ceiling fixtures. Michael Elbery declined, so landlord, Bertelli, had to fetch one in her son's apartment.
This guy Simmons only knew how to replace light bulbs and I think Chad Simmons and his CET are a Fraud. What was Simmons really doing?
See all the exciting events with an updated 93A letter because Wilcox didn't like the first one. and letter to the Authorities.
On Saturday, June 3, 2017, Bertelli's son, Carbral and his girlfriend leave their apartment, leaving their furniture. The furniture was moved Monday morning, 6-5-17, by Al Wilcox and his employee, Franky.
Later that day of June 5, 2017, Al Wilcox punctures the water feed pipe in the trap in the now vacated apartment #9. Michael Elbery arrives home at about 2:00pm to find his kitchen apartment flooded with water dripping from the apartment overhead that is now vacated.
Wilcox shuts off water to entire apartment Building, 3 tenants in the 4 Unit Apartment Building at 120 Old Pleasant st., Lee, Mass., The Water did not need to be turned off because there is a shut off valve in the cellar for each apartments Water. The tenants have no idea when the water would be turned back on. The Lee Police are called and try to located Wilcox to turn the water back on, but they are unable to contact Wilcox or find him.
Michael Elbery ordered Al Wilcox and his helper/employee Franky out of his apartment; there was no long an Emergency the water was shut off and Michael Elbery would hire a licensed plumber. Al Wilcox demanded that he had to be allowed to fix the water leak (that he caused).
At the same time, Michael Elbery called the Police and made sure the incident was at least recorded via the 911 line. The Police arrived and had a stabalizing effect. Michael Elbery informed the police that Wilcox punctured the water pipe and caused the water leak in order to illegally cause him to Vacate the Apartment so Wilcox could save money and get the Lead Paint out of the apartment without paying the high price of complying with the Massachusetts Lead Paint Removal laws. Michael Elbery stated to the police that Wilcox is not a licensed plumber nor is his helper, Franky, and that he, Michael Elbery will call a plumber to fix the water leak.
Wilcox would demand, "you don't have any water, what are you going to do now?" Wilcox continued, "when are you going to leave". Michael Elbery got the message, it was deliberate and a totally violation of law by Wilcox to get Michael Elbery out of that Apartment #7 so Wilcox could have a free hand and save money by avoiding the Mass. Lead Paint Laws. This Wilcox is one Greedy individual and he is an amateur.
Le Provost plumbing shows up to fix the pierced water pipe. The plumber had access to the punctured water feed pipe via the plumbing trap in the ceiling of the kitchen of Apt. 7 Michael Elbery rents from the new landlords, Wilcox and Bertelli. The plumber removed the Copper water feed pipe that he immediately pointed out was pierced. That's right copper is soft and can be easily punctured with a sharp hard steel tool, like and all. Al Wilcox had access to that pipe from the newly vacated Apt. 9 by removing the lid on the plumbing trap that was in the floor of that newly vacated apartment.
And guess who grabbed the evidence? That's right, Michael Elbery has the evidence that is the copper plumbing/water pipe that Wilcox punctured.
When Wilcox arrived, Michael Elbery allowed Wilcox into his apartment because the plumber knew Wilcox (they are all local in the hamlet of Lee, Mass.) and was acknowledging his presence and got confused and upset because initially Michael Elbery would not allow Wilcox in the apartment; the emergency was long over and Michael Elbery was cleaning up Wilcox's vandalism.
The plumber told Wilcox that Michael Elbery grabbed the punctured copper pipe that was the source of the water leak.
The plumber was useless once Wilcox got there and took a totally different attitude. Wilcox took the plumber up to the vacant apartment upstairs and talked to him for about 15 minutes. The plumber returned only to break the same copper water pipe out the wall.
Michael Elbery and the plumber, Rich, went into the cellar to turn the water back on so that the plumber was sure that he was fixing the right water pipe. Michael Elbery first turned the Main Water Valve at the water meter back to the on position which allowed all the water in the building to go back on, however, the shut off valve for Apt. 9 had been turned off earlier ( the yellow handle was pointed down) and the water leak could not be tested because it was in the off position. Wilcox has relatives who live across the street and must have alerted Wilcox that we were in the cellar; Wilcox entered the cellar and stopped Michael Elbery and the plumber from touching the Apartment #9 Shut off Valve. Wilcox admitted that the water to apartment #9 had been shut off and he pointed to the yellow handle valve that was pointing as being for apartment #9.
Michael Elbery demanded that Wilcox and the plumber not go any further and turn the water back on in his apartment and the other apartments. Michael Elbery let them now there was no need at this point of any reason to shut the water down in the entire 4 Unit Building. Wilcox started yelling and refused.
Michael Elbery again called the police because the situation was getting out of hand. Al Wilcox is a cry baby and a liar, and if starts he lies and cries and claims, "he hit me"!
Now that two hours had passed since the water was shut off.
Darkness set in and Michael Elbery reported a crime to the police. Michael Elbery reported that Wilcox and the plumber is gone and the water is OFF in the entire 4 Unit Apartment Building. The other two tenants are Ballerina, who has a dance studio in Stockbridge, and an Author, who works for the Catholic Church at the Shrine in Stockbridge, Mass., and Michael Elbery.
The police reported that Wilcox was supposed to turn the Water back on before he left the building. Michael Elbery assured the police that the water was OFF in the Entire Building. The police later called Michael Elbery and reported that they cannot find Al Wilcox. Wilcox turned off the Water Meter so the usually simple task of turning the water back on in the Building via the main shut off lever at the inside of the water meter was not available. The Main Shut Off Valve at the water meter had no function because the water meter had been disabled. More Crime. But Wilcox did not know how to do that, he used a plumber in a black truck who lives across the street.
Due to being threatened with arrested by the Police for turning off the water in the apartment building, at about 6:15am Wilcox and his buddy entered the cellar and turned on the water in the Building, ending Wilcox's and associate's crime spree. The plumber in the black truck who lives across the street pulled up to the back of the building and he and Wilcox went into the cellar to reactivate the water meter and the water went back on. The police finally caught up with Wilcox.
SEE - the TRO Housing Court Case filed by landlord, Lynn Bertelli, 6-7-17.
Violation of Quiet Enjoyment -