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Landlord Complaint Record: #20-0393

Markel Coleman    |    Indianapolis    ,    Indiana 46240    Landlord Complaint 20-0393

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CASE CLOSED

UNRESOLVED

Nov 30, -1

UNRESOLVED COMPLAINT: Despite mediation efforts; neither party could reach an agreement that was accepted by the other party.

RENTAL DETAILS
Address               :   1033 Reserve Way, #1033 City, State - Zip   :   Indianapolis, Indiana - 46220.

COMPLAINT DETAILS (from renter)

INVESTIGATING AGENT - REMARKS (22)
Agent	Date	Response
AGENT #204 Nov 11, 2009 Mediation attempts were made, however, no resolution was agreed upon. CASE CLOSED Agent Nov 11, 2009 NO AGREEMENT REACHED: Both parties feel that their argument is justified, thus no agreement has been reached through mediation. Parties may at their own choosing pursue in court, mediation is no longer a valid option. Agent Nov 11, 2009 CASE TO BE CLOSED: Agent Nov 11, 2009 FINAL STATEMENT: Landlord has contacted the agent to stated that he has complied with the statute concerning notice and deposit breakdown. Agent also stated that the entire case including his paperwork has been reviewed by his attorney and is legally binding. Landlord states that the charges are justified and the tenant is responsible. Agent Nov 5, 2009 LANDLORD CONTACT: Agent has contacted the landlord. A detailed voicemail was left explaining the current situation. Pending Response... Agent Nov 5, 2009 LANDLORD RESPONSE: Landlord has left voicemail for the agent. Agent will be contacting him shortly. Agent Nov 4, 2009 3 DAY RESPONSE: Following the 3 business day response period, this case will be closed. Landlord is expected to return deposit in full. Agent Nov 4, 2009 FINAL RESPONSE PERIOD: Agent is providing both parties with a chance to respond to mediation request. Due to the landlords inability to comply the debt claimed has not been substantiated as per Fair Debt Collection Act and cannot be collected from the tenant. Agent Nov 4, 2009 LANDLORD NON RESPONSIVE: Landlord is non-responsive to Mediation efforts. Agent has provided the landlord with more than reasonable time-frame to respond to request. Agent Oct 21, 2009 FINAL WRITTEN NOTICE: Landlord has not been responsive. Agent is creating a new bonded copy of the complaint and will be sending a FINAL NOTICE TO RESPOND. Landlord will be provided with 3 business days to respond, following 3 business day delivery time-frame. Pending Landlord Response... Agent Oct 7, 2009 PROMPT REFUND REQUESTED: Based on Indiana Code, the landlord should not be able to keep any portion of the deposit due to the landlords failure to comply with the Statute of Limitations. Landlord is requested to promptly refund deposit or to provide proof that the landlord did not violate the Indiana Statute. Agent Oct 7, 2009 INDIANA CODE Section 32-31-3-12: Agent has verified legal statute. Landlord has 45 days to provide refund or breakdown of charges. If a landlord fails to do either within the 45 day time frame the landlord is not entitled to keep or charge the deposit. According to tenant the landlord did not comply with the 45 day required statute. Agent Oct 7, 2009 STATUTE OF LIMITATIONS: Tenant states that the landlord did not comply with the Statute concerning the refund of deposit or breakdown of charges to the deposit. Therefore, the landlord is in default of the law concerning the refund of deposit and is not entitled to charge anything to the deposit. Agent Sep 29, 2009 PENDING FOLLOW-UP: Landlord is reviewing the complaint and will be responding with fair solution within the next couple of days. Pending Follow-up... Agent Sep 29, 2009 LANDLORD RESPONSE: Landlord, Markel Coleman, contacted the agent via phone to discuss the case. Landlord has informed the agent that the amount owed is $4,653.23 and not $7727.66 as shown on the complaint. Landlord is able to provide breakdown of charges to justify the amount owed by Alexandra Berene. However, the landlord will be looking at the charges to consider an alternative arrangement. Agent Sep 29, 2009 DELIVERY ACCEPTED: Landlord has signed for the Certified Copy of the mediation notice. Pending Response... Agent Sep 25, 2009 PENDING RESPONSE: Agent is pending a response from management. Mailing has been prepared and is pending delivery. Pending Delivery the landlord will have 3 business days to respond. Pending Response... Agent Sep 25, 2009 CERTIFIED MAILING: The case will be sent via USPS Certified Mail. The Tracking number is; 7005 0390 0004 8213 0824 visit www.usps.com to track. Agent Sep 25, 2009 NOTICE OF MEDIATION; Agent has prepared the Notice of Mediation along with a bonded copy of the filed complaint. Agent will be mailing notice via USPS First class Mail... Agent Sep 25, 2009 CASE REVIEW: Agent has reviewed the case and is preparing a written notice of mediation that will be mailed to the landlord. Pending Creation of Documents... Agent Sep 25, 2009 CASE ACCEPTANCE: Agent has accepted the case and is preparing to review the case. Pending Review... Agent Sep 25, 2009 CASE ASSIGNED: Case has been assigned to RPA Mediation Agent S. Paxton ID #204. Pending Acceptance...