Tenant Communications — Evidence of Payment Verification

Summary

All text messages below were authored and sent by Michael Gasio, documenting his lawful efforts to confirm delivery of rent payments and trace a missing Wells Fargo cashier’s check originally payable to Berkshire Hathaway HomeServices. USPS records recived safly at establishment Berkshire hathaway California Homes Services Huntington Beach May 30 2024.These records demonstrate ongoing transparency by the tenant and the owner’s pattern of nonresponse and desception once presented with payment proof.

1️⃣ Payment Verification Message (Tenant to Owner)

“Legal in numbered the payment just like I did on the cashier’s check to Berkshire Hathaway — I have no problems paying you.” Sent after phone call to Dr. Phat tran pay outside contract or I will remove you.

Message establishes tenant’s effort to label and track all payments precisely, maintaining legal consistency with prior transfers. Tennent pays rent early for July as check is being located or bank will give cash for missing June payment stop by Wells Fargo bank on Beach Blvd. Huntington Beach get cash same day.

2️⃣ Follow-Up on Missing Check

“I can’t help you with any of your questions. All I can do is help you find your check... Anna said that the police have it that you counterfeited the second lease that you took to court so I can’t talk to you anymore.”

This text, written by the tenant, references statements from others (Anna, Huntington beach police) showing he was being stonewalled and documenting what he had been told. It serves as a contemporaneous written record of the misinformation used to block resolution.

3️⃣ Evidence of Prior Payment Instrument

“I have not heard back from them yet regarding if they found this contract — I don’t know how.”

Text accompanied by the cashier’s check image payable to Berkshire Hathaway HomeServices for $4,337 (“26 of 37 payments to Phat Tran”), confirming Michael’s proactive outreach to locate the missing payment and verify contract status. Mr. Gasio was not a one month customer as the check stated "payment 26 of 37 when it was a 13 month contract call one year and a consumed May payment is 38 months total comitment.

4️⃣ Timeline Context

• April–July 2024: Tenant continues to send payments, verify records, and seek clarification on missing check routing.
• Post-payment period: Owner ceases contact, while tenant continues to submit documentation and inquiry texts to establish traceability.
• Tenant’s documented diligence contradicts later allegations of “failure to pay” or “lease counterfeit.”

Legal Relevance

• Texts and check records serve as contemporaneous written proof of good-faith payment and active communication attempts.
• Demonstrates fraudulent concealment and refusal of acknowledgment by the landlord and associated agents once confronted with proof of wire and cashier’s check delivery.
• Supports predicate elements of 18 U.S.C. §1343 (wire fraud) and Cal. Civ. Code §1942.5 (retaliatory conduct).