Landlord Complaint Record: #20-0901

Advantage Pointe Properties, Richard Small    |    Albuquerque    ,    New Mexico     Landlord Complaint 20-0901


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CASE CLOSED FORCE REQUIRED Dec 9, 2010


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



Case Number : 20-0901 Filing Date : Oct 9, 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 Renter Oct 24, 2010
page 3

upload Kept Private Renter Oct 24, 2010
page 5

upload Kept Private Renter Oct 24, 2010
page 5

upload Kept Private Renter Oct 24, 2010
page 3

upload Kept Private Renter Oct 24, 2010
page 2

upload Kept Private Renter Oct 24, 2010
This is page 1 of the property condition report filled out by Tyson's property prior to our move-in. We had to photograph them as we do not have access to a scanner

upload Kept Private Renter Oct 24, 2010
Picture of the wall niche

upload Kept Private Renter Oct 24, 2010
Picture looking down into the living room

upload Kept Private Renter Oct 24, 2010
Response to Mr. Smalls points

upload Kept Private Agent Oct 18, 2010
Packaging for blinds which tenant claimed not to have replaced. Found in trash container.

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
Rust stains

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
None

upload Kept Private Agent Oct 18, 2010
Submitted by tenant at time of occupancy.

upload Kept Private Agent Oct 18, 2010
Developed by National Home Builders Association and utilized by the U.S. Department of Housing and Urban Development.

upload Kept Private Renter Oct 9, 2010
This is the Letter we sent to Advantage Pointe Properties requesting resolution.

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 : Advantage Pointe Properties, Richard Small RENTER : Kept Private
Property Name :      
Address : PO Box 65056 Address : Kept Private
City, State - Zip : Albuquerque, New Mexico - . City, State - Zip : albuquerque, New Mexico - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Return of security deposit
Fair Resolution according to renter :
  1. Reasonable return of security deposit

RENTAL DETAILS
Address               :   10027 Vista Cantera LN NW
City, State - Zip   :   albuquerque, New Mexico - 87114.

COMPLAINT DETAILS (from renter)

Our basic complaint extends to the fact that Mr. Small is requesting that our entire security deposit is required to cover damages plus an additional amount of of $1051.76 at the rate of 18% interest for wear and tear to a carpet that was not new when we moved in, and for repainting of the home. We lived in the house for nearly three years and do acknowledge that the carpet was in less than perfect condition when we moved out, but we also have our move in checklist that also states the carpet had stains and was not new. Further when we moved in it was managed by a different property management company and we only elected to move out when Advantage Pointe Properties acquired the account. The rent increase was more than we were willing to pay so we elected to move out rather than renew our lease through advantage Pointe. When we did the final walk through with Mr. Small, advantage Pointes Representative, he did not advise us of any problems with the property at that time and went so far as to say "It looks good". Since then we received the bill from him and sent a letter back to him disputing the charges. since then it has gone to a collection agency. We requested a detailed list of the damages from him and sent him a letter disputing the charges which we will include here. We have not heard back from Mr. Small since sending the letter via registered mail. However we continue to hear from the collection agency. We have also sent them a letter requesting non contact during the dispute process.


LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Oct 24, 2010 76.113.18.188 I'm not sure why page three submitted twice, but the first page 5 is actually page 4.

Landlord Oct 18, 2010 174.50.87.156 Tenant caused damage to property beyond normal wear and tear. Pet damage to carpeting required replacement of carpeting through out home (see photos). Watering of plants maintained in home by tenant caused excessive damage to interior paint and carpeting (rust stains - see photos). Damage to light fixture in 2nd floor hallway required replacement of fixture (manufacturer would not supply just the shade). Damage to blinds and replacement by tenant with undercut blinds required replacement of six or seven blinds (tenant claims not to have replaced any blinds - see photos). Pet damage to sliding screen door required repair of same. Percent of damage charges based on component live expectancy developed by National Home Builders Association and used by U.S. Department of Housing and Urban Developement (see attached guideline) and length of occupancy vs. life expectancy of component. Also, considered property condition report submitted by tenant at time of occupancy. Richard Small, Qualifying Broker/Owner Advantage Pointe Properties P.O. Box 65056 Albuquerque, NM 87193 (505) 205-1581 (888) 875-8717 (fax)


INVESTIGATING AGENT - REMARKS (19)
Agent Date Response
Agent Nov 25, 2010 LAST OPPORTUNITY: The agent is providing both parties with a final opportunity to make an offer that both parties can agree on. At this point, the case appears to not be resolved through mediation. Agent would rather see the case resolved and is providing both parties with a chance to make a fair settlement offer. Agent will provide 1 week.

Agent Nov 25, 2010 TENANT EMAIL: The tenant has contacted the agent stating that they are not satisfied with the landlords response and doesn't feel it is right that a landlord can charge tenants without supporting documentation. Tenant feels that the landlord is only trying to take advantage of their tenants. Tenant is not satisfied.

Agent Nov 17, 2010 FINAL CALL: The agent is extending the complaint an additional week to allow the tenant to respond to the compalaint. Pending Tenant Response...

Agent Nov 7, 2010 TENANT'S RIGHT: Tenant has right to provide a response to the complaint before it is closed. Agent will allow 1 full week. Pending Response Period.

Agent Nov 7, 2010 LANDLORD UNWILLING: Landlord is unwilling to offer the tenant any other solution and remains firm that the tenant is responsible for damages to the apartment.

Agent Oct 30, 2010 LANDLORD RESPONSE REQUESTED: Agent has requested that the landlord respond to the additional documents added by the tenant. An email has been sent.

Agent Oct 30, 2010 TENANT RESPONSES: Tenant has provided a lot of supporting documents to substantiate their claims. Landlord has not responded.

Agent Oct 20, 2010 TENANT: Agent is requesting that the tenant respond to the statements and evidence provided by the landlord. Pending tenant response...

Agent Oct 20, 2010 RESPONSE FROM LANDLORD: Landlord has uploaded images to show damage to the property. Landlord also states that the tenant is responsible for damages caused during tenancy. Landlord remains firm that all the charges are justified and has not provided an alternate settlement.

Agent Oct 20, 2010 LANDLORD RESPONSE: Landlord has responded to the complaint.

Agent Oct 11, 2010 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7009 2820 0000 7830 8046 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.

Agent Oct 11, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: TUESDAY OCT 19, 2010 by 7pm

Agent Oct 11, 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 Oct 11, 2010 MAILING PREPARED: Agent has prepared case for mailing.

Agent Oct 11, 2010 COMPLAINT NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...

Agent Oct 11, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.

Agent Oct 11, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.

Agent Oct 11, 2010 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.