Formal Letter to Phat Kay Tran D.S.D. — May 2024
This exhibit reproduces the formal written notice sent by Michael A. Gasio to Dr. Phat Kay Tran D.S.D. concerning hazardous mold conditions at 19235 Brynn Court, Huntington Beach CA. The letter, mailed by certified post on May 30 2024, documents tenant notification of a known health and safety violation, references prior USPS-registered correspondence, and requests a written response to specific compliance questions. The second page provides a structured request for a yes/no reply and formal follow-up with the City Attorney’s Office if unanswered.
Dear Dr. Tran,
I am writing to express my profound disappointment and concern regarding your recent decision to take legal action against me to remove me from the premises within three days. This action comes despite your awareness—confirmed by USPS Registered Mail dated May 30 2024—of the severe mold issue in the kitchen, which had been identified by your contractor more than twelve months earlier. The presence of over sixty square feet of mold constitutes a serious health hazard and a violation of California tenant-protection statutes and landlord-responsibility laws.
The issue was previously communicated through your agent Hanson Le and Berkshire Hathaway Ethos Properties, and the unresolved contract and habitability breach were reported to Huntington Beach Police Department detectives. All parties were duly notified of the mold problem.
Your decision to pursue eviction despite documented notice violates contractual duties and may constitute fraud under California law. Clause 2 of the lease specifies that when mold is identified and not remediated within a reasonable timeframe (≈ 700 days), the landlord must take corrective action. Failure to comply exposes the landlord to further legal remedies and potential claims under civil and penal codes.
As a landlord with multiple properties, you are aware that providing false statements to law enforcement or the courts is a felony. These actions disregard legal obligations and jeopardize tenant health and safety.
Please respond to this letter by [specific date] and indicate:
Yes ☐ No ☐
If you fail to respond, I will forward this request and your non-action to the City Attorney’s Office for investigation. I hope the new property manager and your office can communicate promptly to resolve the matter and avoid further legal complications.
Sincerely,
Michael A. Gasio
These images are direct reproductions of the certified letter transmitted to the landlord in May 2024 and form part of the pre-litigation health-and-safety documentation trail.