Hairdresser’s saga continues as hole turns to dump

| 04/08/2009

(CNS): The longstanding dispute between local hairdresser Monalisa Morganberry-Kudritzki and her landlord took another twist last week when a pile of rubble and rubbish was dumped outside her Hair Den salon in Mary Street. Despite recent court rulings that her landlord must fill in the hole that had been dug in front of her business, the landlord has deposited an array of debris in front of the salon, and as of Monday 3 August had not complied with the judge’s orders. Morganberry-Kudritzki told CNS that she was dismayed by the turn of events disrupting her legitimate business.

On 8 June Morganberry-Kudritzki arrived at her salon to find that her landlord, with whom she has had a long running dispute, had literally dug up the parking lot in front of her shop preventing herself and her clients from gaining entry. Despite the fact that both the Planning Department and the courts had told the landlord to fill the hole and return it to its previous state by the evening Saturday 25 July, the order has not been complied with.

Morganberry-Kudritzki told CNS that the parties had returned to court last Wednesday, 29 July, because the hole had not been filled and levelled as ordered. During the proceedings the landlord had said the hole could not be filled as the equipment was out of service. However, after the court hearing Morganberry-Kudritzki returned to her salon to find a huge pile of rubble and rubbish in front of her salon.

“I could not believe it there were trees, rubble, an old toilet and all sorts of rubbish just dumped in a pile in the hole in front of my shop,” she said, adding that once again she has had to turn to the court for assistance.

Expressing her exasperation with the situation, and despite what has been reported in other media, Morganberry-Kudritzki insisted that she does not owe her landlord money and has persistently followed the instructions of the court during the course of this longstanding dispute. Sheadded that she is still having to face ordeal after ordeal as her landlord attempts to evade dealing with the dispute through the proper channels.

 

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  1. Frequent Flyer says:

    To those of you that suggest that she ‘just move out’… I hope you never end up in her predicament. This is why we have laws to protect people from just this sort of landlord, IF you have the money to take it to the courts.

    There are always two sides to every story and I would think since there has been no interview with the landlord (unless I missed it) and the extremely childish way the landlord is reacting, besides flaunting the LAW, it just goes to show you that once again, the laws of the island only pertain to some of us. And others can act and do as they please.

    Does anyone know what it means to be called a Banana Republic??!!  It can certainly be entertaining at times, but only when it doesn’t affect you. At some point, if you live here long enough, it will affect you. So beware….

  2. Anonymous says:

    Two sides to the story. What a mess three years of non-payment of rent would really piss me off too. I am not understanding why this couldn’t be resolved in over three years. A judgement was made but it is not being followed and so there seems to be no recourse to the landlord…….It is escalating and this needs to be nipped before things really get out of hand and innocent people are hurt!!!

     

    http://www.caycompass.com/cgi-bin/CFPnews.cgi?ID=10384032

     

    The owners of the Mary Street building claim they have tried everything to get the tenant evicted after serving notice for non–payment more than three years ago.

    “It is a nightmare. The judge orders her to pay; she does not. The locks were changed and she busted them off. We dig a huge hole in front of the building – she constructed a makeshift walkway. She ignores Planning orders and no new lease was ever signed,” said the landlord’s daughter Julie Range.

    Ms Range said the tenant is not obeying the law so she does not think she should either. Until the courts can come up with a solution to have her removed from the building, this is where it stands, she said.

    “I am not filling back the hole and if she fills it back I will sell the fill as payment for rent,” said Ms Range.

    • Richard Wadd says:

       The ‘comments’ made by Ms. Range don’t hold water. 

      IF her statements are true, then the Law allows one to block access, take possesion, and sell assets to recover. Just as Dr. Frank.

      At the very least, following proper Legal proceedure, they could Evict with assistance from the Court.

      If after 3 years this wasn’t done, then the validity of the statment is highly questionable.

      The Blatant dis-regard for the Law by the Landlord displays the ‘nature of the beast’. Even IF the Landlord was in the right initially, they are far from it now.

      As for the Tennant, IF her statements are truthful (and I am inclined to believe they are), then she has made a stand for ALL tenants, and brought to the forefront WHY we so desperately need a Tennant / Landlord Law in these islands.

      A very couragous stand !

  3. Anonymous says:

    I fail to see why the landlord (who should be publicly named) has not been carted off to jail for contempt of court and breach of planning regulations. The contempt he/she has shown for the laws of the land and his/her lack of common decency is absolutely unbelievable. Where on earth does he/she come from.

    Not only has he/she created a smelly eyesore in the midst of George Town, "financial capital of the Caribbean", but he/she has inconvenienced ALL tenants of the building who have been without parking spots all this time. They would certainly also have a claim against the landlord for breach of quiet enjoyment.

    I agree with other comments in that this must now be a criminal case.

    And for all who say "Why doesn’t she move out"? These things take time and planning! I have not doubt that plans are afoot for an orderly evacuation of the premises. However, even without getting into who is in the right and who is in the wrong (though it seems patently clear), does anyone deserve to be inconvenienced like this in the meantime?

    Shame on you!!

  4. Anon says:

    I dont care who owes who money.  I do care that this is an unsightly mess created by the landlord on a public highway that constitutes a real danger to the public who have to pass by it every day (as I do).  the landlord hasn’t even provided sufficient light at night and a temporary fence or suitable obstruction around this excavation to protect the public – clearly has no regard for their safety. 

    The landlord clearly has no respect for his obligations as a landlord; the safety of the general public and worse still, a flagrant disrespect towards the Cayman legal system.  How many more people will get away with taking the law into their own hands and effectively sticking two fingers up at the legal system?  It seems to me that many view the legal system as a joke and don’t take it seriously or fear any consequences – what a sad state of affairs indeed. 

    I agree with the previous poster – this should now be a criminal matter/contempt.  The eyesore that is at the front of this salon not only endangers every member of the public that walks past it, but also in my view consitututes a public nuisance.  The landlord should be imprisoned and fined and should be truly ashamed.  Disgusting and most immature behaviour for an adult.

  5. Anonymous says:

    Regardless that the tenant is right, why is she still there? It seems that after years of dealing with a landlord like this, most people would just move out. I hope that she’s not spending hundreds of dollars in court/lawyer fees over this. That would be so unfair.

  6. Anonymous says:

    Why hasn’t the landlord been arrested?  If he has failed to comply with a court ruling should not the RCIPS be there to enforce the law.  Go to court and refuse to pay a police ticket and see how fast  you are arrested!

  7. A REALIST says:

    Just get out of the people’s place Mona-Lisa. Do you feel good going to a place where the owner doesn’t want you there. What do you gain?

  8. Anonymous says:

    Why stay and put of with that?

     Just move your salon somewhere else! Its not worth the loss of business to continue wasting your time there.

    Just move, problem solved!

  9. Anonymous says:

    Getting silly….

    Well, the hole was filled in….

  10. Richard Wadd says:

    Why is it that CNS has not published any details of the ‘Landlord’ in this (and previous) report?

    In the interest of the article, and indeed as an obligation to your readers, BOTH parties should be named, and BOTH given the oppertunity to comment on the matter. IF it is that the ‘Landlord’ does not wish to comment, then they should go on record as such, especially if the ‘Landlord’ has nothing to hide.

    Just my thoughts.

  11. PAUL says:

    you should investigate and publish the landlords name, free adverts for business operator, total disreguard for court system, apparently means nothing on the island, no recourse

  12. Anonymous says:

    A criminal matter?

    Ignoring the rights and wrongs of the financial dispute between landlord and tenant, and I am not a lawyer, but to me this looks like contempt of court and continued harassment. Has this not become a criminal matter?

  13. Anonymous says:

     Resilience my friend… resilience. Goodmust overcome evil and no matter what they the "landlord" try, you will live to see them begging water and for the mere crumbs from your plate. And for those who laugh at your present demise, they will become pregnant with many a sorrows.

    One day at a time, breath and trust God, He shall deliver you!

    I respect you Ms. Monalisa your strength is second to none – You are a STRONG BLACK WOMAN!!!!