Landlord Complaint Record: #20-0737

Carol Derry    |    Vineyard Haven    ,    Massachusetts 2568    Landlord Complaint 20-0737


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CASE CLOSED MET MINIMUM REQUIREMENT Sep 8, 2010


REQUIREMENT MET: After mediation it has been determined that the landlord met the minimum requirement for this complaint.
 



Case Number : 20-0737 Filing Date : Aug 12, 2010
Investigating Agent : Kept Private Case Disposition : Met Minimum Requirement
Complaint Level : Code 4 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 : Carol Derry RENTER : Kept Private
Property Name :      
Address : P.O. Box 5062 Address : Kept Private
City, State - Zip : Vineyard Haven, Massachusetts - 2568. City, State - Zip : Brookline, Massachusetts - 02445.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Withheld Security Deposit
Fair Resolution according to renter :
  1. Return remaining $550 of security deposit

RENTAL DETAILS
Address               :   176 Oak Hill Ave
City, State - Zip   :   Pawtucket, Rhode Island - 2860.

COMPLAINT DETAILS (from renter)

Carol Derry intends to keep half of the security deposit ($550) because she wanted 60 days notice before we moved. We gave her 40 days notice.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Aug 31, 2010 72.70.72.174 Carol called in March and told me she needed sixty days notice if we were going to leave. Not knowing whether we would be moving or not, I assured her that I would be in touch, and that if we decided to move, I would contact her as soon as I knew our future plans. We found a place and decided to move May 22, forty days before July 1st. I called her immediately, and she said she was sorry to hear that we were leaving. I said that we were sorry to go. I don't consider this a "betrayal" or a "violation" of our agreement. I didn't hear anything for two weeks. Then a realtor calls to say she's coming to look at the place. I don't see how the condition of the apartment is relevant in this dispute since Carol clearly stated in an email to me that she was keeping $550 of the deposit money because we didn't give her sixty days of notice. No mention was made of the condition of the apartment. But since she brings it up now, I have to contest her claim that we caused anything other than normal wear. Several pieces of window glass were broken the day we moved in. Window sills had badly chipped paint all five years we lived in the apartment. My wife and I accepted these flaws and put up with drafty windows (and the heating bills) because we knew Carol had spent a lot of money already to rehab the place and that she was making improvements--replacing the roof, windows downstairs, etc.--as she could afford them and as she saw fit. To pretend that we were responsible for all of the imperfections in that apartment is simply disingenuous.
Landlord Aug 21, 2010 76.24.197.14 This tenant violated the 60 day notice he agreed to when leaving the apartment. This was a verbal agreement during a discussion last spring because we had not had thought it necessary to re-sign a lease. I trusted this tenant's word. Notice was given Memorial day weekend. Leaving me with only 4 1/2 weeks to find a tenant just as the height of the rental season was ending. After all the time the tenant was in residence without an increase in rent and my quick response to any complaint I still can't believe his betrayal.He did not even have he decency to tell me he was looking for another apt. I finally found someone for middle August. but have lost 1 1/2 months rent. I understand from a lawyer that a verbal contract is valid. Also the apartment was in deplorable condition with broken windows and chipped walls and woodwork and a hanging hall light fixture. It has cost approximately $3000 to fix the apt. and make it habitable. It was newly painted and completely livable before this tenant moved in.

INVESTIGATING AGENT - REMARKS (13)
Agent Date Response
Agent Aug 31, 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 Aug 31, 2010 LANDLORD UNWILLING TO WAIVE FEE: Landlord is not willing to waive fee and remains firm that the tenant is responsible and liable for the charges.
Agent Aug 31, 2010 TENANT RESPONSE: Tenant does admit to providing less than the required 60 day notice, and as per agreement is resposible for fofeiture of deposit.
Agent Aug 23, 2010 TENANT UPDATE: Agent is requesting that the tenant review the response made by the landlord. Landlord is making a claim based upon a verbal agreement. Pending Tenant Response...
Agent Aug 23, 2010 LANDLORD RESPONSE: Tenants deposit was forfeited due to early termination. Tenant did not provide a 60 day notice prior to vacating, according to landlord.
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.