Landlord Complaint Record: #20-0302

Nate and Margret Schemel    |    Lenexa    ,    Kansas 66227    Landlord Complaint 20-0302


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CASE CLOSED RESOLVED Jun 26, 2009


RESOLVED! This complaint has been resolved. Landlord acted professionally by providing a fair and prompt resolution.
 



Case Number : 20-0302 Filing Date : Apr 24, 2009
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.
upload Kept Private RPA Mailing Center The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.
upload Kept Private RPA Mailing Center This is the 3rd and final notice that was sent to the landlord/ manager. This is the final attempt / notice to request an immediater resolution to the complaint. I has been processed for mailing.

LANDLORD / MGR : Nate and Margret Schemel RENTER : Kept Private
Property Name :      
Address : 8421 Green Rd Address : Kept Private
City, State - Zip : Lenexa, Kansas - 66227. City, State - Zip : Kansas City, Kansas - 66102.
Phone : Kept Private Phone : Kept Private

COMPLAINT :
Fair Resolution according to renter :
  1. $944.00 of my deposite back

RENTAL DETAILS
Address               :   5110 County Line Road
City, State - Zip   :   Kansas City, Kansas - 66106.

COMPLAINT DETAILS (from renter)

My Landlord and I did our final walk threw together, durring that Nate told me everything looked great with the exception to a few minor things; that I said ok to. However Nate charged me $400 for replacing carpet in the bedrooms on the main floor do to the fact that there were some stains on it. These stains were on the carpet when I moved in. Nate also charged me $400 for replacing the main foors bathroom tub lining do to rust. The tub rusted because of some messed up plumbing from a previouse tenit. Nate attemted to fix it while I was living there but did not stop the leaking faucets. I was also charged $92 for fixing a shower head that was broken and for a plunger, the shower head had been glued together when I moved in and I just tried to continue to keep it glued. Nate informed me that the previouse tenit changed the shower head and messed up the plumbing so I did not feel comfortable trying to replace it myself. He aslo charged $280 for 8 hours of labor cleaning, painting and cleaning up dog poop. The walls had not been painted when I moved in, in fact the walls were pretty banged up. I spent 3 days cleaning the house prior to the walk threw; and as far as the dog poop is concered, I can understand cleaning it up, but it would have been helpful to know at the begining of the year that it needed to be done. Of the $1200 deposit I recieved $28 back. The $400 for the tub, $400 for carpet, $92 for the shower head, and $80 for painting is $972 minus the $28 is $944.Thankyou

LANDLORD / TENANT RESPONSES (6)
From Date IP Address Response
Renter Jun 10, 2009 24.166.166.192 Still have not received a check. What should I do now?
Renter May 30, 2009 64.126.37.132 Still have not received refund check as of May 30, 2009.
Renter May 23, 2009 64.126.37.132 I have yet to recieve a check from Nate. It has been ten days sinse I expecpted the payment wich seems like plenty of time to mail a check. I would appriciate either a check of an updated explaination why it has not been sent.
Renter May 13, 2009 64.126.37.132 Thats fine. Ill take the one fourty, Im tiered of dealing with this. Nate knows he is in the wrong here and it was my stupidity for trusting someone I knew. Thank you for your help. I will be expecting a check in the mail within the week.
Renter May 6, 2009 64.126.37.132 After two different renters and two years, it would be understandable that the walls need painting. Also landlord used FLAT paint, which cannot be wiped. When flat paint is wiped, it comes off. If we had cleaned the walls any more, we would have worn the paint off. The other rooms were cleaned as well as they were before we moved in. I am willing to settle for the $140 that was already offered AND the price of the already worn carpet since this was something that you wanted to do ahead of time
Renter May 6, 2009 64.126.37.132 Landlord said After getting carpets professionally cleaned it was determined that the rooms must be recarpeted. However, Margaret came over two months before we even moved out and had someone with her to measure the carpets to be replaced. This says to me that the landlord determined ahead of any cleaning that they were going to replace the carpet. If they already intended to replace them. They should pick up that expence and not me.
Landlord May 1, 2009 24.10.132.67 MEDIATION AGREEMENT: (fax to agent) Landlord has agreed to the following: We are willing to possibly return an additional $140 of the security deposit (half of our labor charge) as that is a loss of our time. The other charges are for materials that were damaged by the tenant during her stay, which to my understanding is the purpose of the security deposit.
Landlord May 1, 2009 24.10.132.67 FAX RESPONSE 3: (to agent) As for the paint, she is correct in the sense that a professional company did not sand down the walls and tap every corner to do the job. However, they did not have black smears on them when she moved in either. She speculated that the marks were from the beds during the walk-through. Every material we used was done with price in mind. We found remnant carpet for the bedrooms and used the most economical showerhead and plunger for the tub.
Landlord May 1, 2009 24.10.132.67 FAX RESPONSE 2: (to agent) The bathtub did not have rust but stains from lack of regular cleaning and could not be removed. The showerhead itself was in good working condition when she moved in. The previous tenant did replace it himself and caused a leak behind the wall that could not have dripped on the tub. When we did the final walk-through, the showerhead was wrapped in tape to hold it together. The plunger was removed by the tenant and when replaced was no longer functional.
Landlord May 1, 2009 24.10.132.67 FAX RESPONSE: (sent to agent) Ms. Stanley was given a move-out list prior to her vacating the house. Most of the list was completed satisfactorily with teh exclusion to the tub, carpets, dog poop, and a few minor details which include the showerhead. The carpets were well cleaned by the previous tenant and in good working condition. After attempting to clean them, there were several spots in the two smaller rooms that would not come out so they were replaced.
Landlord Apr 30, 2009 69.76.228.31 See the attached fax for complete response. We are willing to negotiate our labor by half from $280 to $140 and issue the tenant an additional $140 of the security deposit.

INVESTIGATING AGENT - REMARKS (26)
Agent Date Response
Agent Jun 26, 2009 After mediation both parties are happy with the end results. Case Closed.
Agent Jun 26, 2009 CASE RESOLVED: This case has been resolved and will be closed.
Agent Jun 15, 2009 VOICEMAIL LEFT: Agent left voicemail for tenant stating that the check is on its way. Agent has requested that the tenant confirm when the check is received. Pending confirmation from tenant...
Agent Jun 15, 2009 APOLOGY CONFIRMATION: Agent received an apology from Margret Schemel explaining that her husband had thought she took care of the refund and vice versa. Margret has assured agent that the check will go out today. Pending confirmation from tenant...
Agent Jun 11, 2009 AGENT FINAL REQUEST: Agent is preparing a final written request for the landlord to immediately send refund to tenant. Pending Mailing...
Agent May 27, 2009 UPDATE: Agent has requested a mailing of the refund check again. Pending confirmation from tenant.
Agent May 18, 2009 PENDING DELIVERY: Tenant is to update the case as to when she receives the check. Pending confirmation of check...
Agent May 18, 2009 LANDLORD CONTACTED: Agent left a message for the landlord explaining that the tenant will accept the $140 refund. Agent has provided the current mailing address of the tenant and requested that the check be mailed right away. Pending Delivery...
Agent May 13, 2009 TENANT EMAILED: Agent has emailed the tenant and requested a acceptance or refusal to the $140 mediation agreement. Pending Response...
Agent May 13, 2009 MEDIATION AGREEMENT: Landlord is willing to refund $140 of the deposit. Tenant is expected to accept or decline the mediation agreement within 3 days. Pending Renter Response...
Agent May 13, 2009 LANDLORD UNWILLING: Landlord is unwilling to negotiate the amount any further as he feels the charges are fair and within legal right.
Agent May 11, 2009 NO LANDLORD RESPONSE: Agent has scheduled to discuss the terms requested by the renter. Pending update...
Agent May 6, 2009 TENANT RETURNED CALL: Tenant spoke with the agent concerning the case and the mediation agreement. Tenant feels she is not responsible for the carpet replacement. Carpet had stains before moving in. Tenant will be providing a statement and response. Pending respons...
Agent May 6, 2009 TENANT NOTIFIED 2: Agent has made a second attempt to contact renter by phone. Agent left a voicemail explaining the agreement and requested an online response. Pending Response...
Agent May 1, 2009 TENANT NOTIFIED: Tenant has been notified via email. Pending response from tenant.
Agent May 1, 2009 MEDIATION AGREEMENT: Landlord has agreed to cut the labor charges in half. The amount to be refunded would be $140. Pending Renter Acceptance...
Agent May 1, 2009 FAX TRANSCRIBED: Agent has broken down the fax received by the landlord. See above comments.
Agent May 1, 2009 FAX RECEIVED: Agent received a fax response from the landlord. Agent is reviewing fax and will update case with details.
Agent Apr 24, 2009 LANDLORD RESPONSE: Copy of case has been prepared and is being mailed to the landlord. Landlord requested to respond no later than Friday May 1st. Pending Landlord Response...
Agent Apr 24, 2009 CASE REVIEW: Agent has reviewed the case and is preparing a written notice of mediation. Request for refund of deposit will be mailed to the landlord.
Agent Apr 24, 2009 CASE ACCEPTED: Agent S. Paxton has accepted this case and is reviewing details for mediation. Pending Review...