Landlord Complaint Record: #20-1304

Park 25 Apartments    |    Heather Ossiander    |    Lawrence    ,    Kansas 66047    Landlord Complaint 20-1304


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CASE CLOSED RESOLVED Mar 23, 2011


RESOLVED! This complaint has been resolved. Landlord acted professionally by providing a fair and prompt resolution.
 



Case Number : 20-1304 Filing Date : Feb 22, 2011
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Agent Mar 10, 2011
The following is a scanned copy of the statement provided by the pest control complany.
upload Kept Private Agent Mar 10, 2011
The following is fax received in response to the request for additional evidence.
upload Kept Private Renter Mar 4, 2011
here is my response to the landlord
upload Kept Private Agent Feb 25, 2011
The following attached PDF is a scanned copy of the fax sent by management addressing this complaint. The upload is available so that the tenant can view the response.
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 : Heather Ossiander RENTER : Kept Private
Property Name : Park 25 Apartments      
Address : 2401 W 25th Street #9A3 Address : Kept Private
City, State - Zip : Lawrence, Kansas - 66047. City, State - Zip : Lawrence, Kansas - 66047.
Phone : Kept Private Phone : Kept Private

COMPLAINT : My Landlord is making me pay for the bed bug expenses
Fair Resolution according to renter :
  1. pay for the bed bug expenses
  2. let me break my lease
  3. reimburse for RPA fees

RENTAL DETAILS
Address               :   2440 W 24TH TER # 21C6
City, State - Zip   :   LAWRENCE, KS - 66047 2800.

COMPLAINT DETAILS (from renter)

I called the apartment office Feb 16 about bed bug problems. I got a call the next morning that they were sending an exterminator that following Monday to look at my apartment. They made it seem as though they were going to take care of the pest control problem. On Monday I called them and told me that the exterminator is going to come Thursday Feb 24 to treat my apartment and that it will be be at my expense and it will cost $850 plus tax. It clearly states in my lease that they'll provide service for pest control except fleas. From the packet they gave me in the beginning it states "Pest control : the Peterson companies (Park 25 is part of the Peterson companies) are proud of their pest control maintenance program. if a problem should arise please contact the rental office to set up an appointment for service. We ask your cooperation in not leaving food open or dirty dishes laying around. Garbage and waste should never be left in the apartment. Residents with pets may be charged for flea spraying during the term of their lease." The manager told me when i visited her in the office that same day (Monday) that the bed bugs are considered damage to the apartment. I was also told by one of the receptionists Saturday that they have been getting complaints about bed bugs in other apartments in the area. I know that bed bugs are attracted to wood and there has been construction projects going on in my apartment complex and their storage site is just outside my apartment doors. I recently had my widow and sliding glass door replaced also.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Mar 4, 2011 24.143.59.111 Here is a letter for my landlord and my responses to the claims written in the landlords letter.

INVESTIGATING AGENT - REMARKS (18)
Agent Date Response
Agent Mar 23, 2011 CASE RESOLVED: Tenant has confirmed that the landlord has settled this complaint. It is now closed.
Agent Mar 19, 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 Mar 10, 2011 NEW FAX: The agent has just found the new fax that was sent showing the statement of the exterminator. Management has provided a statement from their extermination company showing that they unit was inspected and bedbugs were located only in the unit of the tenant. The tenant does have right to have another pest control company inspect the other surrounding units should she feel this evidence is not enough. Management has provided the statement requested which does show that the unit in question was the only one with bed bugs. Agent will provide a final week for the tenant to update this case. Because management has been able to provide evidence, it is more apparent that the tenant may be at fault. Tenant is provided with a week to rebuttal the new evidence provided by management.
Agent Mar 10, 2011 LANDLORD FAX: Management has responded with a new fax stating that they have contacted their licensed Pest Control contractor for evidence/ testimony. However, they have no provided such evidence and state it will be provided upon receipt. Agent is asking that management provide such statement to this case. It is not fair that the tenant is expected to agree to the terms without first being provided with full disclosure. The landlord does make valid claims that the infestation was only applicable to the tenant in question, but they have still not provided any written 3rd party documentation to support their claims. Agent is requesting that management submit any evidence so that this complaint can be resolved. Statements without 3rd party documentation do little to prove responsibility. The agent is providing one full week for all parties to submit any documentation to support their claims. Tenant should also consider hiring a inpection company to inspect surrounding units to determine if bedbugs are present in surrounding units. Pending final week.
Agent Mar 2, 2011 NO FURTHER PROOF: Landlord has not been able to provide any additional evidence to support their claims. The agent will provide the landlord with a final 3 business days to respond to this request. Pending extension...
Agent Feb 25, 2011 TENANTS RIGHT TO RESPOND: The tenant has right to respond to the response made by the landlord. Agent will review the response to determine if further mediation is applicable to this case. Agent will allow one week for the tenant to respond. Pending tenants response...
Agent Feb 25, 2011 REQUEST FOR ADDITIONAL PROOF: The additional is requesting that management provide evidence to show that a thorough inspection was done by a bed bug specials to further prove that bed bugs are not present in surrounding units. The agent would like to know what method was used to inspect surrounding units. Was the inspection a quick visual inspection, or did it include K9 sniffing dogs, or any bed bug traps? It is reasonable for management to provide evidence validating their statements. At this point, the agent has only received a statement, but no evidence has been provided.
Agent Feb 25, 2011 PARK 25 RESPONSE: Management for Park 25 has provided a 5 page fax explaining why they feel the tenant is fully responsible for all bed bug removal cost. Management has stated that all surrounding units were inspected and that only unit effected was Rubie's. Landlord holds tenants fully responsible for bed bug eradication and has not provided a settlement offer to resolve the complaint. Management remains firm and feels justified based on their inspections of surrounding units. It should be mentioned that no statement from a 3rd party licensed inspector has been provided to validate their statements that no surrounding units have bed bugs.
Agent Feb 25, 2011 FAX UPLOADED: The faxed response has been uploaded to the complaint. The tenant should review it and respond accordingly.
Agent Feb 25, 2011 LANDLORD RESPONSE: Landlord had promptly responded to this complaint by sending in a detailed fax addressing the complaint specifically. The agent will scan and upload a copy of the fax.
Agent Feb 22, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1430 3017 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Feb 22, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: March 2, 2011 by 7pm
Agent Feb 22, 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 Feb 22, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Feb 22, 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 Feb 22, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Feb 22, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Feb 22, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.