Stone Walling and Silent Yoga (standard:Fan Fiction, 2363 words)
Author: Juggernaut	Added: Jan 22 2013	Views/Reads: 2817/2284	Story vote: 0.00 (0 votes)
A fictional court proceedings based on a bad experience with a unfair landlord.

Click here to read the first 75 lines of the story


job.” 

“Have you completed the six months lease?” 

“No, you honor. On the very first evening at the cottage, as 

the sun was setting slowly I heard bird noises. Generally, birds tend 

to start sing at dawn but surprisingly here the birds started singing 

as dusk was setting in and continued throughout the night.  The next 

day, I asked the locals about the bird noise during the night since it 

is unusual that birds sing or make noise during the night time.  To my 

surprise, I was told that the nightly loud noise was from tree frogs 

that infested the east side of the island several years ago and became 

a serious noise nuisance.  These frogs, I was told are tiny and 

managed to land on eastside of the Big Island from Puerto Rico, since 

the frogs make Coqui–Coqui sounds, the frogs were referred to as Coqis 

on the island and the nuisance is called Coqui noise.  The tiny frogs 

live on the trees thus called tree frogs and make loud relentless noise 

in harmony with each other from dawn to dusk.  Unless a house is fully 

insulated with doors and windows closed shut with air-conditioning, it 

is difficult to keep the interior quiet.  The cottage is very open with 

several windows; it is like living indoors with outdoor experience 

which was nice except for the noise that I could not bear.  I thought I 

should have been informed of the noise nuisance by the defendants 

before they offered the cottage for rent or at least mentioned in their 

advertisement.  And this was not done.  As evening approaches every 

day, I have this sinking feeling of not getting sleep from the Coquis. 

As matter of fact I wrote a short story entitled “Singing Tree Frogs on 

Lava Rock,” about the frogs and my anguish.  I rented the cottage for 

six months to live quietly and write some short stories but the 

environment around the cottage was nothing but constant noise.” 

Judge Takahashi turned towards the defendants for response. 

“Your honor though I own the property, M. Stiph manages both 

the cottages on the farm, therefore I will allow Ms. Stiph to respond,” 

Mr. Walling excused himself from the stand. 

“I am disappointed to learn that Mr. Juggernaut was affected 

by the noise of Coquis but I suggested him to use ear-plugs in the 

night to reduce the noise level,” said Ms. Stiph. 

“Have you tried using ear-plugs” Judge Takahashi turned towards 

Mr. Juggernaut for an answer. 

“Yes your honor but it made no difference. To neutralize the 

Coqui noise I needed a noise cancelling device generally used on the 

airplanes, with such a contraption, it is hard to sleep, night after 

night.” Juggernaut closed his both ears to demonstrate his annoyance 

with constant Coqui noise.” 

Juggernaut continued “to make things worse during the day time, 

the neighbor behind the cottage drove his tractor driven lawn mower 

several hours a day with loud noise and operated a diesel power 

generator as a back up to solar, generating equally loud noise. 

Construction noise from a house being built in front of the cottage 

added more noise during the day time.  In addition to these noises, the 

nearby geo-thermal plant operation generates steady humming noise 

throughout the day and sometimes night.  The cottage though located in 

rainforest, the noise levels during the day and night was worse than 

urban living.” 

“Before you signed the lease with Mr. Juggernaut, have you 

submitted a disclosure statement as required by the real-estate law 

that indicates noise nuisance from the tree frogs”? asked the Judge 

turning towards the defendants. 

Stiph  replied ,“I am not aware of the law.” 

“It seems you collected the first month June rent in April, are 

you aware you cannot collect the first month rent in advance of the 

occupancy date of June 1st, 2012, also a violation of the law?” Judge 

Takahashi gave a sharp look at the defendant. 

Ms. Stiph shrugged her shoulders and threw her hands in air as 

if she could care less. 

“Any other unhappy experiences you want to share Mr. 

Juggernaut?” 

“Yes, your honor, I was told that I will have internet 

connection 24/7 but I need to get my own Wi-Fi router to tap into the 

internet modem located at the main cottage. I was not informed that the 

tenant at the main cottage has the control on the internet modem 

switch. My internet connection depended on his whim when he switched on 

and off the internet modem. This was a very difficult for me since I 

need the internet to make telephone calls. For the three months I lived 

at the cottage, I waited every day for the renter in the main cottage 

to wake up so that I can get internet whether it was 8 Am or later.” 

Juggernaut continued, “During the month of October, for three 

days in a row I did not have power at all since the solar system did 

not work.  The solar technician that visited the cottage could not fix 

the system told me that the batteries that store the solar power were 

too old and needs replacement if I were to get steady supply of power 

during the night time when it needed most. So, during the month of 

October, I have to wait until 9 Am or later until the sunlight was 

bright enough to generate solar power and since the old batteries could 

not store the power generated during the day. The landlord gave strict 

instructions not to use rice cooker, coffee percolator or hair dryers 

etc., to save power but never took their responsibility seriously to 

maintain the solar system to provide enough power for minimal usage 

during the night time when power was most needed.” 

He continued emotionally “the driveway from the Pohiki Road to 

the cottage was uneven and often muddy road from constant rains that 

requires a vehicle with high under clearance like an SUV or a truck. 

This was not mentioned in their advertisement.  I purchased a VW sedan 

and every time I drove from and to the cottage, the ground clearance 

was so low on a sedan, the bumpy ground scratched and damaged the oil 

pan underneath.  The poor and rough conditions of the driveway to the 

cottage were never mentioned in the advertisement either.” 

“Fair enough, Ms. Stiph will you please respond to Mr. 

Juggernaut?” 

“All I would say we were sorry for any inconvenience to 

Mr. Juggernaut during his stay, we are just doing business,” Ms. Stiph 

looked indifferent and businesslike. 

“As per the fair disclosure laws, have you disclosed on 

possible intermittent supply of internet and power supply to the 

tenant?” the judge looked at Ms. Stifle from top of her eye-glasses.” 

“I am not sure your honor.” 

“What you mean, have you disclosed it or not?” the 

judge looked irritated. 

“I don't have the copy of my advertisement in front of 

me to verify,” replied Ms. Stiph shrugging her shoulders. 

“I have the copy of the advertisement, judge,” said 

Juggernaut handing over the copy to the bailiff. 

Judge Takahashi quickly glanced at the 

document. “Nowhere in your advertisement had you disclosed as required 

by the law about the Coqui noise or other limitations. Do you 

understand that your advertisement on Craig's list was deceptive for 

not mentioning the limitations,” Judge Takahashi asked the bailiff to 

show the document to Ms. Stiph. 

Ms. Stiph took a quick glance at the document and 

returned it to the bailiff without making any comment. 

“I consider your advertisement on Craig's list was 

deceptive. Mr. Juggernaut should have been informed of the Coqui noise 

and you cannot collect the first month rent in advance, on both counts 

your actions were significant violations of rental laws,” Judge 

Takahashi was stern in her voice. 

“Judge, I am a business woman and the letter ‘B' for 

business flows in my blood so as my blood type B to confirm it.  Mr. 

Juggernaut violated his lease agreement and left one month early and to 

recuperate the loss of rent, I kept the deposit money of $1000,” Ms. 

Stiph looked determined. 

“Have you informed Ms. Stiph that you were leaving one 

month early before completing your lease agreement?”  The judge looked 

at Juggernaut. 

“Yes your honor.  I sent an email to Ms. Stiph asking 

her permission to relieve me of the lease so that I can leave at the 

end of October rather than end of November before completing my lease 

period for the reasons explained particularly the Coqui noise and you 

have the copy of email to Ms. Stiph and her response.  Nowhere in her 

response she mentioned about keeping the deposit otherwise I could have 

continued to stay to the end of lease period after all I put with the 

noise for three months and interruption with power and internet,” 

Juggernaut looked at Ms. Stiph. 

“True, nowhere in your response you mentioned about 

keeping the deposit money?” the judge looked at Ms. Stiph for response. 

“Well I tried to get someone to rent the cottage but I 

could not get anybody in such a short notice and I have to recoup my 

business losses Judge so I kept the deposit money,” Ms. Stiph was 

adamant. 

“You cannot keep the deposit money as last month rent 

for three reasons, number one you failed to disclose in your rental 

advertisement about Coqui noise which is against the law, secondly you 

should not have collected the 1st month rent in advance with the 

deposit which is also a violation of real-estate law, thirdly when Mr. 

Juggernaut requested you to release from his lease agreement, in reply 

nowhere you mentioned about keeping his deposit if you were fail to 

rent the cottage for the last month, you gave an impression to Mr. 

Juggernaut that you released him of the lease to leave one month before 

completing the lease without penalty otherwise he could have stayed in 

spite of the horrible Coqui noise and interruptions in power and 

internet supply,” the Judge was detailed in her observations. 

“I am in the business of making money, if Mr. 

Juggernaut suffered great inconvenience, I am sorry but it was his 

prerogative to rent our cottage and I am not responsible for his loss,” 

Ms. Stiph looked away and rolled her eyes. 

“What you do for living Mr. Walling?” asked the Judge. 

”For generations my family was in the business of building 

retaining walls thus we acquired our family name ‘Walling,” 

“How about you Ms. Stiph?” 

“I am in the business of selling Eastern philosophy.” 

“Well, Mr. Juggernaut as a story teller if you were to write a 

story from this experience what would be the title?” asked Judge 

Tekahashi. 

“Your honor, considering the poor response I received from the 

defendants to resolve the issue, a title like “Stone Walling and Silent 

yoga,” would be appropriate,” said Juggernaut.  The Judge and the 

bailiff along with the court audiences gave a resounding applause. 

“Judge,  since I won the case, can I request the court that the 

defendants instead of paying back my deposit and court expenses to me, 

donate that amount to my favorite radio NPR, a radio station that 

delivers truth always,” requested Juggernaut. 

“Sure, I will include your request in my judgment. Ms. 

Stiph, you cannot stiff people, no pun intended; I order you to return 

the deposit money to Mr. Juggernaut and also I am making you pay a 

penalty of $4000 for his pain and suffering although he did not request 

in his petition,” Judge Tekahashi brought down the gavel gently to 

touch the sidebar concluding the case. The court audience mostly law 

students gave a standing ovation as the celebration of justice restored 

in favor of Juggernaut. 


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