Landlord Complaint Record: #20-0735

Rick Post    |    Kimberly    ,    Idaho 83341    Landlord Complaint 20-0735


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CASE CLOSED RESOLVED Sep 17, 2010


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



Case Number : 20-0735 Filing Date : Aug 11, 2010
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code 4 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Aug 24, 2010
Hello Mr Paxton, Yes, Rick Post added that to the Release Form plus he also didn't show the whole signed paper. I will send you the original in which he stated he would return the deposit after ensuring that all utility bills were paid. I also send him the State of Idaho's CAO 16-9 Demand for Security Deposit request back in April 2010 for the $405 owed which he did not respond. We had called Mr. Post immediately after hearing about Bert's passing and was only a couple weeks after. We were attempting to fly up there that week, however, Rick Post would not allow us or anyone access to the property. Mr. Brown arrived in Idaho as soon as I was able to get the keys released from the Coroner's Office at which time he spent a week removing all items and cleaning property to Mr. Post's satisfaction and signed the release stating so and that no other claims would be pursued or filed and was given the keys. If we knew he wasn't going to return the deposit Mr Brown certainly would not have spent all that time cleaning it. As far as him only being paid $375 for rent, that's what he asked for. We had no idea what the rent was there until we had a chance to go through all of my fathers paperwork which was all boxed up and shipped to Oklahoma. It was then I learned Mr Post also owed a $5 key deposit making balance owing of $405. At the time of surrendering the property and Mr. Post's acceptance of condition of said property , Mr. Post stated that by Idaho law he could not return the deposit for 21 days. After the 21 day period had expired, a phone conversation with Mr. Post indicated that he was not going to return the deposit and would be sending us a bill in direct conflict to his written statements.
upload Kept Private Agent Aug 23, 2010
Copy of the signed release form.
upload Kept Private Agent Aug 23, 2010
Copy of first page of lease.
upload Kept Private LandLord Aug 23, 2010
This is a scanned copy of the landlords response to the complaint. Landlord also attached a copy of the lease, deposit breakdown, and Property Release.
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 : Rick Post RENTER : Kept Private
Property Name :      
Address : 3434 E 3700 N Address : Kept Private
City, State - Zip : Kimberly, Idaho - 83341. City, State - Zip : Guthrie, Oklahoma - 73044.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Wont release security and key deposit.
Fair Resolution according to renter :
  1. Refund $405 sec & key dep.

RENTAL DETAILS
Address               :   360 3rd Ave N
City, State - Zip   :   Twin Falls, Idaho - 83303.

COMPLAINT DETAILS (from renter)

My father passed away earlier this year and was renting a little house in Twin Falls, ID since 2004. He went from a year lease to a month to month. He died on the 2nd of the month and had been sick prior to passing. I paid the rent for that month plus it was emptied and cleaned. The landlord looked at the rental and signed an acknowledgment of accepting the condition of the property and receiving the keys. There is a $400 security deposit owed to my father plus a $5.00 key deposit. I have the copy of the rental agreement. I later received a bill from him for $923.53 minus $400 damage deposit. My father smoked and the landlord knew that. He billed me for having to repaint everything, fixing a leaking toilet and repairing a fan. He billed me for 30 hrs of work at $15 an hour = $450. Carpet cleaning at $110.00 and $46.00 for window blinds. It was my father's air conditioner in the window but he didn't tell us that until about 30 seconds after he signed accepting the property. He thought that was real funny because there was nothing we could do. Well, I didn't and am not going to pay him for obvious reasons plus he'd all ready signed a paper saying he accepted the property after it had been cleaned and received the keys. I would like to go after the $405 sec and key deposit if you think it's feasible.

LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response

INVESTIGATING AGENT - REMARKS (19)
Agent Date Response
Agent Sep 8, 2010 FINAL RESPONSE PERIOD: Agent is providing both parties with 1 week to create final statements. Agent will review statements to determine if further mediation is applicable.
Agent Sep 2, 2010 REQUEST FOR UPDATE: The agent is requesting that the tenant or landlord provide a response as to whether a refund has been provided.
Agent Aug 25, 2010 3 BUSINESS DAY RESPONSE: Agent is providing the landlord with 3 business days to provide a refund. If the landlord fails to comply the tenants may be required to pursue this matter in court.
Agent Aug 25, 2010 REFUND REQUESTED: Agent has requested that the landlord promptly refund the $405 for deposit withheld. Agent has contacted the landlord and left a message providing address of the tenant.
Agent Aug 25, 2010 NO RIGHT TO CHARGES: Landlord has signed a release statement on the 5th of March stating that NO OTHER CHARGES would be pursued, then on March 24 sent out a Bill for Additional Charges. Landlord has gone against the release statement signed by him. Landlord had no right to request additional charges based upon his release statement.
Agent Aug 23, 2010 TENANT CONTACTED: Agent needs clarification. Agent is requested a copy of the Release Form signed by the landlord to determine if his handwritten note was on the original document of if it was added later.
Agent Aug 23, 2010 PROPERTY RELEASE QUESTION: The landlord has a hand written note on the release form stating: This has nothing to do with security deposit only rent do. Agent is under the impression that the note was added later as an explanation, however, the release form is clear that NO OTHER CHARGES would be brought up. It does not state that it is ONLY referring to the rent. The handwritten note says it only goes toward rent.
Agent Aug 23, 2010 PROPERTY RELEASE: Landlord did provide a property release form that states: Payment is to be considered as PAID IN FULL, and no other claims shall be pursued or filed against Bert T Schram and or his estate.
Agent Aug 23, 2010 MAILING: Landlord has sent in a mailed response. Agent is reviewing the response and will scan documents for upload.
Agent Aug 17, 2010 LANDLORD CALLED: Agent contacted the landlord, but received answering machine. Agent informed the landlord that the tenants feel he owes $450 deposit and $5 key fee and that he would need to respond in writing as explained in the notice. Pending Response from landlord.
Agent Aug 17, 2010 LANDLORD RESPONSE: Landlord had left the agent a voicemail requesting a call back.
Agent Aug 13, 2010 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7009 2820 0000 7830 7513 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Aug 13, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: AUGUST 23, 2010 by 7PM
Agent Aug 13, 2010 EXPECTED LANDLORD RESPONSE: Written notice is being mailed to the landlord and expected to arrive in 3 business days. Following delivery the landlord will have 3 business days to respond. Pending landlord response.
Agent Aug 13, 2010 MAILING PREPARED: Agent has prepared case for mailing.
Agent Aug 13, 2010 LEGAL NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...
Agent Aug 13, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Aug 13, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Aug 13, 2010 CASE ASSIGNED: Agent S. Paxton ID#204 has been assigned to mediate this case. Pending case acceptance.