Landlord Complaint Record: #20-0790

Carlyle Court    |    Connie    |    Indianapolis    ,    Indiana     Landlord Complaint 20-0790


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CASE CLOSED FORCE REQUIRED Sep 21, 2010


WARNING! This property/ landlord refused to mediate a fair resolution or respond to this
complaint. Landlord refused to cooperate.
 



Case Number : 20-0790 Filing Date : Aug 26, 2010
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Agent Sep 1, 2010
This is a copy of the charges to the deposit as provided to the tenant.
upload Kept Private Agent Sep 1, 2010
This is a copy of the move-in checklist emailed to the agent from the tenant.
upload Kept Private Agent Aug 31, 2010
This is a scanned copy of the faxed response sent to the agent. The landlord has provided receipts to show proof of charges as per statute. Landlord is not willing to adjust charges as they feel they are completely justified.
upload Kept Private Renter Aug 31, 2010
Regrading the crayon on wall, the manager told me that she took photos of crayon on walls. I requested to the manager to send me photos that shows crayon on walls. I received these photos from Carlyle Court Apartment on 08/26/2010 by mail. The uploaded "LANDLORD FAXED RESPONSE" page 2, also mentioned "Painting-removal of crayon from walls, $225". I was wondering that could you please let me know where are crayon on wall in these photos. These photos I received from Carlyle Court Apartment on 08/26/2010.
upload Kept Private Renter Aug 31, 2010
Regarding the charges of "Replacing Damaged Oven", we already placed work order for this on June 21, 2010. As I mentioned that work order was placed along with replaced the Patio Screen. The maintenance person came & replaced the patio screen and was told that he is going to replace the stove. I was wondering that why they are charging for this Stove even though we placed work order FOR THIS OVEN. Please look the charges for "Cleaning - Kitchen Sink, Main & Second Bathroom 50.00". The Apartment, 9461 Carlyle Drive, Aptartment C, Indianapolis, Indiana 46240, which I was rented had ONLY ONE BATHROOM. Please justify that this Apartment had TWO BATHROOMS.
upload Kept Private Renter Aug 31, 2010
This is move-in check list dated 04/23/2007, in which I clearly mentioned that "Bath Tub has some spot has paint removed. Tub has black spot not clean". I also mentioned in Cleanliness of Apt: "Not properly cleaned and didn't fixed Pre existing Problem".
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 : Connie RENTER : Kept Private
Property Name : Carlyle Court      
Address : 951 Carlyle Lane Address : Kept Private
City, State - Zip : Indianapolis, Indiana - . City, State - Zip : Plano, Texas - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Charges $1115.00
Fair Resolution according to renter :
  1. There should not be any charges on my account at Carlyle Court Apartment.
  2. Refund $200.00 deposit.

RENTAL DETAILS
Address               :   9461 CARLYLE DR APT C
City, State - Zip   :   INDIANAPOLIS, IN - 46240 3918.

COMPLAINT DETAILS (from renter)

We moved in to this apartment - 9461 Carlyle Dr, Apartment C, Indianapolis, IN 46240, - on April 23, 2007 and moved out on June 26, 2010. I have received a letter from Collection Manager of Carlyle Court for a bill of $1115.00 for the following charges, dated 08/03/2010. I called the manager 2 weeks back and told her that I am disputing these charges, but I have not received any updated information from her. 1. â??Replacing Damaged Ovenâ? $350.00. My wife called on Jun 21, 2010 at 04:11 PM. She placed work order for (a) Oven & (b) replacing patio screen. Maintenance person came and replaced patio screen. And he told that â??he is going to put a new Ovenâ?. I asked manager about the work order, manager said that she was not able to find the work order. Maintenance person replaced patio screen, it clearly indicates Oven work order was also placed. 2. â??Painting Living Room, Kitchen & Second Bedroom Walls â?? Double Coat Requiredâ? $225.00. We stayed in this apartment 3 years. They have never painted this apartment since we moved in April 23, 2007. Manager told me there were crayon marks and she took photos. I removed all crayon marks before moved out, except in kitchen entrance one spot and below dining window one spot. I requested manager for these photos, I havenâ??t received these photos. 3. â??Carpet Stains Removal â?? Living Room & Master Bedroomâ? $200.00. The day we moved in this apartment April 2007, our previous apartment 9523 Carlyle Dr, Apt F, Indianapolis, IN 46240 ( it was in the same community) was complete destroyed by FIRE. Carpet of this apartment was already old. They have never replaced carpet when we were renting this apartment. 4. â??Reglazing tub/Shower â?? Main Bathroomâ? $120.00. This apartment has only ONE Bathroom. In MOVE-IN-CHECKLIST I already mentioned â??Tub has black spot and not clean. Bath Tub some spot has paint removed.â? 5. â??Reglazing Countertop â?? Main Bathroomâ? $120.00. This apartment has only one Bathroom and a small wash basin. 6. â??Cleaning- Kitchen Sink, Main & Second Bathroomâ? $ 50.00. This apartment has only ONE bathroom. How it possible to charge for â??Second Bathroomâ? cleaning? In MOVE-IN CHECKLIST, dated 04/23/07, I clearly mentioned that the Apartment is not properly cleaned and didnâ??t fixed Pre Existing Problems. I am requesting you please look in to this mater and kindly resolve these charges issues ASAP.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Sep 1, 2010 174.52.152.127 EMAIL TO AGENT (Copy of email sent to agent) Dear Agent Paxton: Please find the attachment for the MOVE-IN CHECK LIST, in which I clearly mentioned that "Bath Tub has some spot has paint removed. Tub has black spot not clean". My question is why are they charging for this even though I mentioned in the move-in check list. I have also mentioned in Cleanliness of Apt: "Not properly cleaned and didn't fixed Pre existing Problem". Regarding the charges of Stove, we already placed work order for this on June 21, 2010. As I mentioned that work order was placed along with replaced the Patio Screen. And the maintenance person came & replaced the patio screen and was told that he is going to replace the stove. I was wondering that why they are charging for this Stove even though the maintenance person told to replace this stove. The invoices from Carlyle Court, which you have uploaded the total cost showing for Apartment C is $580.00. There is no invoice for the replaced of Stove. Regrading the crayon marks on wall, I asked manager to send me photos that shows crayon marks on walls & I received those photos from her. I was trying to upload those photos & was getting error. Please find the attachment of these photos (received from Carlyle Court) and I was wondering that where are crayon marks showing on wall in these photos. I am requesting you kindly look in to these matter again and please do the needful. Thanks & Regards, Kankan

INVESTIGATING AGENT - REMARKS (21)
Agent Date Response
Agent Sep 21, 2010 NO RESPONSE: landlord has been non cooperative and refused to mediate a fair solution. Agent has no choice but to close this case.
Agent Sep 13, 2010 LANDLORD NON-RESPONSIVE: Agent will provide the landlord with a final opportunity to propose a solution. Tenant has provided evidence that some items such as the bath tub were pre existing. Pending landlord response...
Agent Sep 4, 2010 PENDING RESPONSE: Landlord is provided with 3 business days to respond.
Agent Sep 4, 2010 LANDLORD FOLLOW-UP: Landlord has not responded to the latest update from the tenant. Agent will contcat the landlord to request an update.
Agent Sep 1, 2010 PENDING LANDLORD RESPONSE: Agent has contacted the landlord and will allow 3 business days for a response. Pending Landlord response...
Agent Sep 1, 2010 LANDLORD CONTACTED: Agent has contacted the landlord to review the evidence provided by the tenant and has request a reversal of $695 for charges for items that are not justified by landlord. Specifically Replacement Stove $350, Reglazing Tub $120, and Painting for crayon marks that are not visible in the pictures provided by landlord $225.
Agent Sep 1, 2010 NON-JUSTIFIED CHARGES: The tenant has been able to provide evidence that that landlord had no right to charge for Replacement Stove $350, cost of reglazing tub $120 (pre existing based on movin-in check list) Furthermore the landlord provided pictures to the tenant but could not show crayon marks as claimed. Painting cost does not appear to be justified $225.
Agent Sep 1, 2010 TUB STAINS: Tenant has provided a copy of the original move-in statement. The statement clearly shows that the tub had pre existing stains and was not clean. How is management charging the tenant for this?
Agent Sep 1, 2010 STOVE CHARGES: Tenant brings up a valid point. The manager did not provide an invoice for the stove. Furthermore, agent is confused how the tenant is responsible for a non-functioning stove. Based on photos provided by the tenant, the stove was not new and was quite old. Agent suspects that the stove stopped functioning due to age and not due to tenant.
Agent Sep 1, 2010 FILES UPLOADED: Agent has uploaded the files that were sent by the tenant.
Agent Aug 31, 2010 FAX OVERVIEW: Landlord has provided a breakdown of charges and provided copy of receipts for cost. Landlord feels fully justified and is not willing to waive any of the fees.
Agent Aug 31, 2010 FAX SCANNED & UPLOADED: Agent has scanned and uploaded a copy of the fax to this complaint record.
Agent Aug 31, 2010 LANDLORD RESPONSE: Landlord has faxed the agent a response. Agent will review fax.
Agent Aug 26, 2010 DUPLICATE NOTICE: Agent has prepared a duplicat notice that is also being sent to M & J Management (Jackie Albers)
Agent Aug 26, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: SEP 3, 2010 by 7PM
Agent Aug 26, 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 26, 2010 MAILING PREPARED: Agent has prepared case for mailing.
Agent Aug 26, 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 26, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Aug 26, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Aug 26, 2010 CASE ASSIGNED: Agent S. Paxton ID#204 has been assigned to mediate this case. Pending case acceptance.