Landlord Complaint Record: #20-1315

Mary Pozzi    |    Tigard    ,    Oregon 97224    Landlord Complaint 20-1315


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CASE CLOSED FORCE REQUIRED Apr 12, 2011


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



Case Number : 20-1315 Filing Date : Feb 27, 2011
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code 3 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Feb 27, 2011
Emails between renter and landlord requesting additional information and informing of potential violations.
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 : Mary Pozzi RENTER : Kept Private
Property Name :      
Address : 11545 SW Durham Rd B2 Address : Kept Private
City, State - Zip : Tigard, Oregon - 97224. City, State - Zip : Beaverton, Oregon - 97007.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Fees charged at move in and unreasonable amounts withheld from deposit
Fair Resolution according to renter :
  1. Refund split equally between tenants of $1000 non-refundable fees paid at the time of move-in.
  2. Refund split equally between tenants of 50% of all damages claimed and withheld from security deposit for a total of $443.58.

RENTAL DETAILS
Address               :   15651 SW WINTERGREEN ST
City, State - Zip   :   TIGARD, OR - 97223 2622.

COMPLAINT DETAILS (from renter)

Section 90.302 of the Oregon Residential Landlord-Tenant Act, "the Act", 2009 Edition effective January 1st, 2010 prohibits a landlord from charging a fee at the beginning of a tenancy for an anticipated landlord expense and may not require payment of any fee except as provided for in section 90.302 of the Act. The rental agreement entered into August 1st, 2010 by Jessica McNaughton and Rich Mosley contained the following required terms, and associated payments or obligation of potential payment: Charge of a non-refundable Pet Fee in the amount of $500. Charge of a non-refundable Cleaning Fee in the amount of $500. Non-compliance fees for pet waste/garbage/parking violations set at the amount of $500. The Act provides that fees for these types of non-compliance may not exceed $50. Damages claimed and withheld from security deposit are disputed as follows. Additional detail can be provided . -Pendant Lights: Tenant believes to have been normal wear and tear. Total charge $80 -Yard clean up including leaves, pet waste, trash removal and damage to landscape/plants: Tenant does not believe to have caused any damage, nor left any pet waste or left other debri warranting the cost. Total charge $307. -Damage to kitchen curtain rod: Rod was improperly installed (with duct tape) prior to move in and tenant believes charges for damage to be unreasonable. Total charge $100 -Damage to curtain rod in upstairs bendroom: Tenant believes charges for repair to be unreasonable. Total charge $50 -Damage to Garage Door: Tenant does not feel they caused any damage to garage door. It was in proper working order upon move-out. Moving help can provide witness. Total charge $50. -Additional cleaning deposit: Tenant is being charged for cleaning that was not done at the time of move out which landlord was informed was not done at the time of move-in. Specified items were left in the same condition as move-in. Total cost $150.

LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response

INVESTIGATING AGENT - REMARKS (13)
Agent Date Response
Agent Apr 12, 2011 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.
Agent Mar 26, 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 26, 2011 LANDLORD UNWILLING: The landlord has been unwilling to respond to the complaint. The RPA can no longer mediate due to the landlords refusal.
Agent Mar 15, 2011 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 Mar 14, 2011 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 Mar 2, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1430 3260 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.