Landlord Complaint Record: #20-1310

Prime Choice Realty    |    Rhonda Jernigan, David Jernigan, Rich Degen    |    Sevierville    ,    Tennessee 37862    Landlord Complaint 20-1310


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CASE CLOSED RESOLVED May 3, 2011


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



Case Number : 20-1310 Filing Date : Feb 25, 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 11, 2011
The following attachment is a scanned copy of an email response sent to the agent in response to this complaint.
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 : Rhonda Jernigan, David Jernigan, Rich Degen RENTER : Kept Private
Property Name : Prime Choice Realty      
Address : 621 Wall Street, Suite 1 Address : Kept Private
City, State - Zip : Sevierville, Tennessee - 37862. City, State - Zip : Jefferson City, Tennessee - 37760.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Withholding of security deposit & pre-paid rent
Fair Resolution according to renter :
  1. 1. Refund $500 Deposit, 2. Refund $795 pre-paid rent, 3. Reimburse for RPA Fees

RENTAL DETAILS
Address               :   222 Tristan Drive
City, State - Zip   :   Dandridge, Tennessee - 37725.

COMPLAINT DETAILS (from renter)

We terminated our lease early, notifying (in writing) the property management company (Prime Choice) of our intentions to do so. We paid rent in full and on time through February 1st even though we were no longer primarily residing at the residence. Property management company never conducted final walk through of property and owner of house (Rich Degen) sent in professional cleaners and painters without our knowledge or permission on January 21, 2011. We never received anything in writing stating there were any damages to the house or repairs needed to be made. Prime Choice offered to refund us our entire security deposit ($500) but refused to give us the check unless we signed a statement saying we would take no further action to collect pre-paid rent. When we declined to sign this paper, they withheld security deposit. Property has been re-rented by owner (Rich Degen) for the months of February and March. We pre-paid rent to Prime Choice in March 2009 for final month's rent in the amount of $795. Per a lease extension, this was to encompass the dates of February 15-March 15, 2011. We have picture evidence and was notified by eyewitnesses (neighbors) that the property was re-rented for February and March 2011. When we asked Prime Choice for the pre-paid rent since the property had been re-rented, they refused and told us we had to seek this money from the owner. Our lease is with Prime Choice, not the owner. We contacted a local attorney who stated that Prime Choice was responsible for returning us the money since they were the ones to accept payment for it. In an attempt to make the situation right without going to court, we contacted Prime Choice on Wednesday, February 23 asking their intentions to refund the money due to us. We asked for a response by today (Friday, February 25) and have not heard from them.

LANDLORD / TENANT RESPONSES (3)
From Date IP Address Response
Renter May 2, 2011 75.77.52.154 We have reached an agreement with Prime Choice Realty and The Degens. While there was a lot of untruths spoken by both the landlord and the Property Management Company, we are just happy to have a resolution to this matter and that we no longer have to deal with either party any further. We will be seeking no further action against either party and you have our permission to officially close this case.
Renter Mar 11, 2011 75.136.44.77 While it is true we were contacted by Prime Choice with a settlement offer and agreed to the terms, we have received no further communication from them acknowledging our agreement. We would like the claim to remain open until we receive the money that has been agreed upon, as we have been promised the return of our security deposit in the past with no success. Once we receive the check for the amount owed ($500 for security and $400 for pre-paid rent), we will close the claim with RPA.
Renter Mar 11, 2011 75.136.44.77 While it is true we were contacted by Prime Choice with a settlement offer and agreed to the terms, we have received no further communication from them acknowledging our agreement. We would like the claim to remain open until we receive the money that has been agreed upon, as we have been promised the return of our security deposit in the past with no success. Once we receive the check for the amount owed ($500 for security and $400 for pre-paid rent), we will close the claim with RPA.

INVESTIGATING AGENT - REMARKS (14)
Agent Date Response
Agent Apr 29, 2011 CASE UPDATE REQUESTED: The agent is requesting that the landlord or tenant update the case as to the status of the complaint. Agent will provide one full week for updates.
Agent Apr 12, 2011 EXTENSION PERMITTED: As per the tenant's request, this case will remain open for a reasonable period to allow the settlement offer to be received. The tenant is responsible to update the case weekly in order to keep the case open. Pending update for tenant.
Agent Mar 19, 613 CASE STILL PENDING UPDATE: The case is still pending confirmation from the tenant.
Agent Mar 11, 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 Mar 11, 2011 LANDLORD RESPONSE: According to the landlord the tenants financial situation changed due to divorce. They indicated to the tenant that she would be breaking the lease and she asked to help sublet the property or to find a new tenant. The landlord then goes on to explain the situation surrounding the vacancy and handling of deposit. The landlord states that an agreement has been reached between Ms Bryant and Mr Degen of a refund of $500 security deposit and return of $400 of last months rent to be retained. He is waiving 1/2 month of rents that they did not pay. The landlord is in the process of working out the final details and expects this to be completely resolved witihin 10 days.
Agent Mar 11, 2011 LANDLORD EMAIL RESPONSE: Agent has received an email response for the landlord. The agent will scan a copy of the email and upload it to the complaint.
Agent Mar 2, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1423 9750 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Mar 2, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: March 10, 2011 by 7pm
Agent Mar 2, 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 Mar 2, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Mar 2, 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 Mar 2, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Mar 2, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Mar 2, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.