Landlord Complaint Record: #20-0987

Mirabella Heights Apartment Homes    |    Brenda Vaccaro    |    Albuquerque    ,    New Mexico     Landlord Complaint 20-0987


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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 : 20-0987 Filing Date : Oct 29, 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 Landlord Oct 30, 2010
Another image taken on Sep 15 2010. The noise ranges between 53 and 65 dB. The day time threshold in the Albuquerque city ordinance is 55 dB and the night time threshold is 50 dB.
upload Kept Private Landlord Oct 30, 2010
Another image taken on Sep 15 2010. The noise ranges between 53 and 65 dB. The day time threshold in the Albuquerque city ordinance is 55 dB and the night time threshold is 50 dB.
upload Kept Private Renter Oct 30, 2010
This was taken on Sep 15 2010. Two of the three air conditioners can be seen outside the window. The noise is greater when more than one unit is working simultaneously. The day time threshold in Albuquerque's city ordinance is 55 dB. The measurement was carried out as specified in the ordinance.
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 : Brenda Vaccaro RENTER : Kept Private
Property Name : Mirabella Heights Apartment Homes      
Address : 701 Stephen Moody St SE Address : Kept Private
City, State - Zip : Albuquerque, New Mexico - . City, State - Zip : Albuquerque, New Mexico - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Noise
Fair Resolution according to renter :
  1. Early termination of lease without penalty/fees

RENTAL DETAILS
Address               :   701 Stephen Moody St SE #1312
City, State - Zip   :   Albuquerque, New Mexico - 87123.

COMPLAINT DETAILS (from renter)

I live in a ground floor apartment in a three storied building. It is a one bedroom one bath unit. There is a single window in the bedroom. Immediately outside the window are three air conditioners. The noise from these air conditioners has become a major cause of sleep deprivation. On nights before important days, I have also been forced to sleep in friends' homes. The decibel levels measured by me as well as by a landlord representative are beyond thresholds specified in the city noise ordinance. The landlord suggested moving to a different apartment in the community. However, a) all ground floor apartments have the same problem and b) my parents, when visiting, cannot negotiate stairs to higher floors. The landlord then directed me to communicate with their legal representatives. The legal representatives say there is "no proper basis for early termination of the lease". In addition, my contract with my employer expires at the same time my lease is set to expire in Aug 2011. And, although the air conditioners are not going to be used in the coming winter months, the noise will resume from March or so. I would like to move out of this apartment as soon as possible so that I have a better chance of finding a longer lease now than a shorter more expensive one later.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Nov 23, 2010 76.18.85.0 This is my final statement as requested by the agent. Since the time I filed this complaint I have not been contacted by any representative of the landlord, nor have they provided me with any other information to alleviate my concerns about the noise issue. My concerns and any solutions I seek are already outlined in my (legitimate) complaint. I remain hopeful that mediation can still prevent further expensive measures for both me and the landlord.

INVESTIGATING AGENT - REMARKS (14)
Agent Date Response
Agent Dec 9, 2010 LANDLORD REFUSAL: Landlord has refused to address this complaint. Agent is forced to close this complaint. Tenant may at their discretion take this matter to court.
Agent Nov 25, 2010 REQUEST FOR FAIR SETTLEMENT: It is clear that both parties feel that they are justified in their arguments. However, if we are to resolve this complaint through mediation, we will need to find a fair solution that both parties can agree on. The agent is asking that both parties reconsider their stances and offer a solution that will be fair to all involded. The agent will allow both the tenant and landlord one week to make an offer that would be acceptable. The agent will review the offers to determine if further mediation is applicable. It is the agents hope that both parties will reach an agreement through mediation. Pending one week response period...
Agent Nov 17, 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 Nov 17, 2010 UNRESOLVED DISUPUTE: Tenant has provided images to show that the noise level is at 60 decibles which is above code requirements. Landlord has not provided any solution to this complaint and has failed to respond despite repeated request from the RPA.
Agent Nov 17, 2010 FOLLOW-UP CALL: Agent has contacted the landlord to request an immediate response. Agent has informed management that a written notice was already mailed and has past the alloted response time-frame. Agent has requested an immediate response, within the next 3 business days. Pending Response...
Agent Nov 17, 2010 PAST DUE RESPONSE: Landlord has been provided with a reasonable time-frame to respond but has not. Agent will follow-up with management to request an immediate response.
Agent Nov 6, 2010 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1430 3031 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Nov 6, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: NOVEMBER 15, 2010 by 7pm
Agent Nov 6, 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 Nov 6, 2010 MAILING PREPARED: Agent has prepared case for mailing.
Agent Nov 6, 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 Nov 6, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Nov 6, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Nov 6, 2010 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.