Landlord Complaint Record: #20-1182

Sharon Thompson    |    Chase City    ,    Virginia 23924    Landlord Complaint 20-1182


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CASE CLOSED UNRESOLVED Feb 1, 2011


UNRESOLVED COMPLAINT: Despite mediation efforts; neither party could reach an agreement that was accepted by the other party.
 



Case Number : 20-1182 Filing Date : Jan 6, 2011
Investigating Agent : Kept Private Case Disposition : Unresolved
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Jan 16, 2011
This is the MLS listing for my rental house which shows "HOT TUB DOES NOT CONVEY" in the property description. This is also evident that upon removal of the hot tub, landlord knew there could be potential moisture & mold issues and did not try to prevent it.
upload Kept Private Renter Jan 10, 2011
Bio-Remediation_Inspection Report Attached- 2
upload Kept Private Renter Jan 10, 2011
Bio-Remediation_Inspection Report Attached- 1
upload Kept Private Renter Jan 10, 2011
We change the vent filters just about every other month due to bad air quality
upload Kept Private Renter Jan 10, 2011
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Attic Mold
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upload Kept Private Renter Jan 10, 2011
This is what my wife and I sent to the landlord.
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 : Sharon Thompson RENTER : Kept Private
Property Name :      
Address : 10799 Old Cox Road Address : Kept Private
City, State - Zip : Chase City, Virginia - 23924. City, State - Zip : South Hill, Virginia - 23970.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Wrongful fee charges, unlawful entry & harassment, non-compliant to repairs
Fair Resolution according to renter :
  1. Reimburse for RPA fees, wrongful check charges
  2. Denies conversations: enforce sent request to contact me by only mail, fax or email
  3. Mold: find & pay for temporary housing while mold remediation is being done
  4. Mold: Decontaminate my clothes, personal items, pay for moving expenses to temporary housing
  5. Mold: Complete mold remediation to rental property or break the lease immediately

RENTAL DETAILS
Address               :   428 Jeffrey's Lane
City, State - Zip   :   South Hill, Virginia - 23970.

COMPLAINT DETAILS (from renter)

I'm Korean and having problems with my landlord because I donâ??t understand when she yells at me. My wife (married 9/21/10) is American and has been helping me with understanding so I need her help in completing this complaint as well. I didn't know I had to write a letter to get things fixed, so I just called the landlord but she still hasn't fixed my heating/air unit. It runs all the time, never shuts off & it's increasing my light bill. My wife moved in (7/1/10), noticed no storage space and the problems with the floors - we decided not to buy the house. I told her the bedroom carpet had black spots in it and the landlord cleaned it before I moved in (7/1/09) but it came back & itâ??s getting bigger. During the initial walk thru, the realtor (ReMax) never answer me when I asked about the black spot in the living room hardwood floor and he said he would ask about it but he never did. (I didn't know Mold- I moved in) We both are having strange allergies so in Oct, 2010 my wife asked L\L if we pay to replace the carpet with wood, can we do that just so we can be comfortable until the lease end. Strangely she said "NO" when it's not costing her anything. Even after my wife told her about our increased allergic reactions, she still said she will not make any changes and we can buy the house and do it ourselves. My wife started calling around asking about the wood floors turning black. (Mold) In Dec., The bank made a mistake put my deposit in the wrong acct and they charged me for several bounced checks including hers (12/1/10) which was not my fault. My wife got the notice in the mail,she called me, I immediately called L\L (12/2/10) but her phone wasnâ??t taking messages. The bank fixed the problem (12/3/10), reimbursed my fees and gave me a letter to give to my landlord because it wasnâ??t my fault. l paid the L\L late fee/bad check fee immediately when she called me(12/7/10) while working. She overcharged me ($91) for the fees & my lease states ($75) which I know she can't do. My L\L calls my business yelling, where her check is every month before it's due. Iâ??m tired of her harassing me at work, today she showed up, forced her way into my house knowing Iâ??m at work, my wife rushed out the shower and L\L said sheâ??s inspecting her house! No warning, no tenant, Iâ??m coming in! She walked thru my house past my wife and my store is 2 min around the corner. She got my certified letter about no notices/warning -but she said its her house, she do what

LANDLORD / TENANT RESPONSES (15)
From Date IP Address Response
Renter Feb 1, 2011 68.57.66.51 Good! I just asked RPA to close my case. See ya in Court!!!
Landlord Jan 31, 2011 67.142.165.24 SO EXCITED!!! CAN'T WAIT! YA!!
Landlord Jan 31, 2011 67.142.165.24 SO EXCITED!!! CAN'T WAIT! YA!!
Renter Jan 31, 2011 68.57.66.51 To the L/L: You have the nerve!! If you knew what you were doing, none of this would be happening. But pigs get fat & hogs get slaughtered! The record shows that you to this date failed to be responsible and you have the right couple to help you understand that you can't treat people the way you do and get away with it. As far as your insurance company, you didn't tell them it was Mold, so therefore you told another lie that will eventually have some affects on your case. I will keep yelling at you like you yelled at my husband on the phone over & over again. Dont' worry, it will all be over for us as soon as we get out this house but it will go on for you. You can wait - Soon!
Landlord Jan 31, 2011 67.142.165.24 It no need to have your phone records pulled, I remember the conversation with you yelling at me. That is why my fiance called you! I sick and tired of you harrassing me and threating me!
Landlord Jan 31, 2011 67.142.165.24 It no need to have your phone records pulled, I remember the conversation with you yelling at me. That is why my fiance called you! I sick and tired of you harrassing me and threating me!
Renter Jan 31, 2011 68.57.66.51 Both of us are tired of being sick and I'm ready to get out this moldy house. Today, I/we called our attorney and explained that we will most likely need his services so as of Friday, we will release the retainer fee and let him deal with the L\L the best way he see fit and that's what we are paying him for. He's really good and specialize in mold cases. They are in the process of pulling my phone records in search of her cell phone number back in October because she spoke to my wife for over 20 minutes and then she got her boyfriend to call me afterwards. I asked my attorney to do this because she tell so many lies and may try to deny the conversation although I have a witness that heard the entire conversation. We have also given him names & addresses subpeoenas including the ReMax agent that showed the house because I asked him about the black floors and never got back with a response. I see no reason to keep waiting.
Renter Jan 29, 2011 68.57.66.51 CORRECTION: This message is in reference to create our final statement due as requested by the RPA agent one week from today which is Friday, February 4th. If the L\L submit proof of insurance investigation to RPA (call, get letter from insurance co, proposal, etc.) saying that the insurance company needs another two weeks, then I’ll wait if RPA makes that determination that it will do some good to wait. Other than that, I/we don’t trust what she says and we have plenty of reasons not to believe her based on the past responses. The L\L said she can’t make a decision until she hear from the insurance co first but it’s her choice and ONLY HER decision to break the lease or the court will force her to break it at her cost. As far as we are concerned we don’t want to wait any longer because we’re being affected. So therefore the L\L has until the time given by RPA to decide if she’s going to release us from this lease or go to court. If no answer is given by Friday, February 4th, 2011, then consider this message from us as our notice to vacate the premises immediately upon finding safe adequate housing. Our lawsuit against her will begin promptly if she does not timely pay our full deposit of $700.00+ interest after 13 mos. and $91.00 return check fees after vacating the property due to health & safety issues and non-compliance on L\L part. In court, our attorney will also be suing L\L for all previous rent money because L\L’s actions proved she knew about the mold problem before we moved in. These figures have nothing to do with the other charges in the lawsuit, this is just rent ($700 deposit + $700x12=$8,400 + $750x6=$4,500/total $13,600+ interest) not counting damages from living with mold knowing how mold affects the body and we’ve been sick for a period of time now.
Renter Jan 29, 2011 68.57.66.51 This message is in reference to create our final statement due as requested by the RPA agent one week from today which is Friday, February 4th. If the L\L submit proof of insurance investigation to RPA (call, get letter from insurance co, proposal, etc.) saying that the insurance company needs another two weeks, then I’ll wait if RPA makes that determination that it will do some good to wait. Other than that, I/we don’t trust what she says and we have plenty of reasons not to believe her based on the past responses. The L\L said she can’t make a decision until she hear from the insurance co first but it’s her choice and ONLY HER decision to break the lease or the court will force her to break it at her cost. As far as we are concerned we don’t want to wait any longer because we’re being affected. So therefore the L\L has until the time given by RPA to decide if she’s going to release us from this lease or go to court. If no answer is given by Friday, January 4th, 2011, then consider this message from us as our notice to vacate the premises immediately upon finding safe adequate housing. Our lawsuit against her will begin promptly if she does not timely pay our full deposit of $700.00+ interest after 13 mos. and $91.00 return check fees after vacating the property due to health & safety issues and non-compliance on L\L part. In court, our attorney will also be suing L\L for all previous rent money because L\L’s actions proved she knew about the mold problem before we moved in. These figures have nothing to do with the other charges in the lawsuit, this is just rent ($700 deposit + $700x12=$8,400 + $750x6=$4,500/total $13,600+ interest) not counting damages from living with mold knowing how mold affects the body and we’ve been sick for a period of time now.
Landlord Jan 27, 2011 67.142.165.24 I called the engineers phone yesterday and they told me it would be 2 weeks before the report is ready and then the insurance adjuster would have to call and let me know if the insurance will cover the remediation. However the tenants don't want to wait the 2 weeks for the report.
Renter Jan 26, 2011 68.57.66.51 The insurance structual engineer came this morning (1-26-11 @ 10 am) with the L\L and did a thorough inspection of the problem areas while taking pictures to see if the insurance company will pay for the needed mold remediation work. They (insurance company) will contact the L\L upon their final decision and then we can see what's the next best thing to do. Now that we know it's a Mold problem we're dealing with, it has to be dealt with no matter who has to pay for it because it is causing health issues with the tenants. I will be speaking with my attorney as well in reference to our next step.
Landlord Jan 25, 2011 67.142.165.26 I receive a call this morning and my insurance company engineer will be coming to the house on January 26th @ 10:00 a.m.
Landlord Jan 24, 2011 67.142.165.28 I didn't get a call today from the insurance adjuster. I will be refunding the $91.00 to Mr. and Mrs. Hong.for bad check fee.
Renter Jan 22, 2011 68.57.66.51 The L\L and Insurance Adjuster came by Friday, Jan. 21, and took a look at the house to assess the mold problem. After inspecting the house, the adjuster said they will be sending their own engineer to assess the damage and what caused it. That will determine whether or not they will pay for the damage. The L\L agreed that if she didn't have the funds to pay for the damage out of pocket, then the next option was to try her homeowner's insurance policy. The L\L and I spoke briefly and thinks that there is a 50/50 chance that it could go either way if they can determine if the mold was a pre-existing condition. We are waiting until the engineer come next week to give final results.
Landlord Jan 20, 2011 67.142.165.22 I went to the insurance company today and they couldn't tell me whether they would or wouldn't not cover the remediation They did however send a e-mail to the main office and an insurance adjuster is suppose to call me to sent up an appointment to take a look at the house.
Renter Jan 19, 2011 68.57.66.51 In reference to the conversation we had today, as mentioned below we're still waiting for additional testing to determine what the next move will be for the crawl space, attic and carpet. Mr. Meloy mentioned that the testing will also determine how much is inside the house and at what level. If it's not too bad then that's a good thing for us as the tenants. The next question is will we be able to stay while the remediation is being done, how long will it take and where will we stay during the time the work is being done. It's the responsibility of the landlord to put us in adequate housing while the work is being done (we already paid our rent for the month) and to pay for it. I guess we need to discuss that too based upon the report from the testing.
Landlord Jan 18, 2011 67.142.165.22 I still haven't received the e-mail from Bio-Remediation with the proposal. Hope I receive it tommorrow. If not I will them again.
Renter Jan 18, 2011 68.57.66.51 Hi RPA, yes today was a lot better in dealing with the landlord than before. If we can get the mold remediation done as soon as possible, we will be alright and can continue with our lease until the end. However, if the insurance company does not agree to do the work due to liability, then we much vacate the premises immediatly. We will continue to wait the time allowed by RPA to determine what the full inspection will uncover. We wanted to work this out sensibly and in September we didn't know who RPA was but now - RPA is the best!
Renter Jan 18, 2011 68.57.66.51 Thank you RPA, the landlord came to look at the problem today (1-18-11), and will be sending notice of what her decision will be as far as the repairs. This time she was a lot different than the last time conversation we had so we will see what will happen next.
Landlord Jan 18, 2011 67.142.165.22 I have contacted Bio-Remediation and waiting on a proposal from them.As soon as I get the proposal I am going to take to my Insurance Company and see if they will help with the cost of removing the mold., I went to the rental property today and a very nice conversation with Mrs. Hong. She I agreeded that we are going to work or resloving the issus regarding the rental property.
Renter Jan 17, 2011 68.57.66.51 I'm so tired of dealing with this liar & thief!! If the L\L is worrying about whether or not it's mold, then tell her to not fix it because in addition to several other people, he will also be sent a subpoena to court. This L\L has done things to others, not just to me and I don't mind going to court because she need to be stopped. In researching this mold problem, we also found out that the L\L did not pay the fees to the ReMax company that showed her house to me. She knew I didn't understand and told me to give the deposit money directly to her and not to ReMax. But I don't know all the laws here and I thought I was doing the right thing until the realtor came into my store and told me about her skipping out on the payment. She never paid ReMaix the fees for advertising and showing her property and they will be sent a subpoena for court as well.
Renter Jan 17, 2011 68.57.66.51 YOU WERE NOTIFIED BY RPS ON JANUARY 10, 2011 - THAT'S ENOUGH TIME! You will have all the time deemed necessary by the court since you didn't respond when asked. When it's involving health and safety, how long do you think we should wait for you to continue to lie about everything. Now you have it in writing. This lady is crazy. Now L\L is saying that Bio_Remediation of Virginia is telling a lie and this is what he does as a specialist? I don't think so. As far as you having more time, if you would have came when you talked to my wife after our wedding in September - we both would have known back then giving you plenty of time to fix the problem. It's not about you , it's about me, my wife and family who have all been sick from staying here. As you told my wife, she doesn't have anything to do with this and that's why she didn't tell you when you dropped in. It was my place as the tenant to deal with you once evidence is gathered and as suggested by the Virginia Legal Aid Society. Just go to court if you think you are right, we'll be there we can afford a attorney.
Renter Jan 17, 2011 68.57.66.51 Thank you RPA, the L\L sent email saying she will come by tomorrow (1-18-11) to do another visual inspection which is fine because she notified me by email this time. Her visual inspection means nothing to me since we both know what the Certified Environmental Mold Inspector said. She is the liar, not us and that is the reason for all this. We asked her to come long time ago and we are tired of the headaches & allergy problems so we must protect our own health. She is not a certified Mold inspector and we want an answer! She’s either going to pay for remediation immediately and we stay in her house or she will let us out this lease immediately in writing with our full deposit. These terms are more than reasonable according to my attorney but she will find out what reasonable means. If she really wanted to fix the problem, she would have done it already when I mentioned HEALTH ISSUES & ALLERGIES. Either way, it’s going to happen. My wife doesn’t like her but she still tried to work with the L\L to take care of this situation because of me. This was not our choice. I moved here because I liked the house and so did my wife at first especially since it was so close to our business. But every since the summer, it’s been really uncomfortable with dealing with her. I will only wait the time allowed through RPA before our attorney takes over the case based upon her decision. After that, the options above is no longer available and we will sue for the entire amount of all rent monies paid, punitive damages, all medical expenses & prescriptions and whatever my attorney deems as sufficient for our suffering.
Landlord Jan 17, 2011 67.142.165.28 The hot tub was not removed because of moisture problems, It was because I didn't want the tenants to use it!!!
Landlord Jan 17, 2011 67.142.165.28 I will be happy for the renter to take off $16.00 off of next month rent, however I will not pay the fees of RPA! This is the first I have heard of there being mold in the house! The black spots in the living room ARE NOT MOLD!!!! They were there when I purchase the home. The previous owner had to large dogs and they peed on the wood, it will not come up. I have tried before I moved in the home. Since this is the first I heard about the mold I will need more time the investigate the proble
Landlord Jan 17, 2011 67.142.165.28 I will be happy for the renter to take off $16.00 off of next month rent, however I will not pay the fees of RPA! This is the first I have heard of there being mold in the house! The black spots in the living room ARE NOT MOLD!!!! They were there when I purchase the home. The previous owner had to large dogs and they peed on the wood, it will not come up. I have tried before I moved in the home. Since this is the first I heard about the mold I will need more time the investigate the proble
Landlord Jan 17, 2011 67.142.165.28 I will be happy for the renter to take off $16.00 off of next month rent, however I will not pay the fees of RPA! This is the first I have heard of there being mold in the house! The black spots in the living room ARE NOT MOLD!!!! They were there when I purchase the home. The previous owner had to large dogs and they peed on the wood, it will not come up. I have tried before I moved in the home. Since this is the first I heard about the mold I will need more time the investigate the proble
Landlord Jan 17, 2011 67.142.165.28 I will be happy for the renter to take off $16.00 off of next month rent, however I will not pay the fees of RPA! This is the first I have heard of there being mold in the house! The black spots in the living room ARE NOT MOLD!!!! They were there when I purchase the home. The previous owner had to large dogs and they peed on the wood, it will not come up. I have tried before I moved in the home. Since this is the first I heard about the mold I will need more time the investigate the proble
Renter Jan 16, 2011 68.57.66.51 I’ve been checking the RPA web site everyday hoping to see a positive response from my landlord but I see nothing so far. Although we didn’t know exactly what was causing our allergies before, now things are very different in knowing that its Mold related and could cause serious health issues with prolonged exposure. We pay our rent on time, keep the house clean and want to live in a safe, comfortable environment without our family getting ill upon visiting. The past Christmas holiday was the first of its kind in our family and was very lonely and sad due to current conditions of my rental property. Christmas is the time families should be together as we have always been but our children & grandchildren could not visit due to prior sickness when stayed here during the Thanksgiving holiday. There are some things that we sometimes overlook if it’s just affecting us but when 80% of your family get sick and no one know why – that’s a serious problem. If my landlord completes the mold testing & remediation by a certified Mold Inspector, she must also take responsibility for her actions and the non-compliance on her part. Due to the added stress & worry from increased health issues and visible mold growth in the Living room (floors black), bedroom carpet, attic storage area and crawl space; a certified Mold Inspector was called to give inspection of the property. These mold problems have now made the rental property unsafe, uninhabitable, and untenantable, and represent a material breach by you, as our landlord, of our lease or rental agreement. You have also breached your statutory duty under our state’s landlord-tenant law requiring the above property to be maintained in a safe, habitable, and tenantable condition. The above adverse mold conditions materially affect our health, safety, and enjoyment of the property. I [we] did not cause these serious mold problems but we tried to get the problem fixed immediately upon noticing it by dealing with the landlord ourselves which was not affective. If we are to remain in this rental property safely until June 30th , I [we] herein request that you according to the law, as our landlord, do the following remedial steps as stated in the initial complaint. If my landlord does not respond... see next
Renter Jan 10, 2011 68.57.66.51 My landlord is still not cooperating with prior contact/notice before coming over and she is still doing things without our knowing. I reported that she dropped in last week without notice & forced her way in; she got some man to drop in today without calling and I know she is retaliating by her actions. My Landlord has never been here to inspect this house since I started living here. Now all of a sudden, she’s dropping in without calling? Today (Sunday, 1-10-11), my wife and I was at home trying to celebrate my birthday privately as newlyweds do. A vehicle pulled up in our driveway, a man got out a white van (no name on van) and just walked around the back of our rental house. It scared my wife to see him go behind the house without knocking on the door; I didn't know who he was so I went outside and asked him. He said he was there to fix the heat/air unit and it wasn't working properly so the parts have been ordered. I'm not going to continue to pay her and have my wife live uncomfortable under these conditions. I called the police last week when this happened (1-6-10) because I can see that my wife and my landlord will end up in a physical confrontation very soon. Even the police said "there has to be some sort of respecting our privacy and that's how people get hurt when forced to protect themselves". The landlord should have contacted me and let me know what they had planned so we can agree on the time and availability. I guess my landlord expected the house to be dirty but to her surprise other than my wife being sick and in her Pj’s doing house chores… she had nothing to complain about because the house was clean as it is always. My wife wants things fixed the correct way and we have really been trying to work with this lady but she is very disrespectful and unprofessional. I had a hard time understanding what was going on at first but now I see. The Landlord is intentionally invading our privacy & tenant rights which do not sit too well with me because we are excellent paying tenants. If this landlord is allowed to enter into our house where we live, where our valuable things are kept, with no prior notice and do whatever, whenever she wants and the law does not protect us - then we need to leave before something happens. Although my wife is not on the lease, she is legally my wife and has everything to do with the health & safety of not just me but our children & grandchildren too.

INVESTIGATING AGENT - REMARKS (27)
Agent Date Response
Agent Feb 1, 2011 CASE UNRESOLVED: Neither landlord or tenant have been willing to come to a solution via RPA mediation. The Tenant has requested that the case be closed.
Agent Jan 28, 2011 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 Jan 28, 2011 TENANT EMAIL RESPONSE: I have spoken to the L\L and she is waiting to hear a response from the report of the insurance adjuster and the engineer which could take an additional 2 weeks. I/we have not seen any evidence that she has made a move other than to slow down the process. She has stated firmly that she does not have the money to fix the mold problem. I told her that we can't stay in this house and she must break the lease in writing or face going to court. Feb. 1st is coming up and we need to know if we can move immediately. She can't have it both ways, she needs to break the lease, give us time to find adequate housing & move immediately. If she doesn't have the money to pay back our security deposit then the month of Feb. we will not pay rent while finding us suitable housing and then we will move without further obligation to the lease. We see no other choice.
Agent Jan 19, 2011 UPDATE REQUESTED: The agent is requesting that the landlord or tenant update the case as to the status of a solution. Pending response.
Agent Jan 7, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: 01/17/2011 by 7pm.
Agent Jan 7, 2011 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 Jan 7, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Jan 7, 2011 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 Jan 7, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Jan 7, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Jan 7, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.
Agent Jan 7, 2011 PHONE CORRECTION: Landlord's phone number is: (434) 917-xxxx The prefix is showing (434) 317-xxxx which is an error.