Landlord Complaint Record: #20-1910

Donna Carroll    |    Middletown    ,    New York 10940    Landlord Complaint 20-1910


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CASE CLOSED FORCE REQUIRED Jan 27, 2012


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



Case Number : 20-1910 Filing Date : Aug 29, 2011
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code 4 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Sep 14, 2011
I saved this letter and photos in one file.
upload Kept Private Renter Aug 31, 2011
I have submitted her response along with the State Attorney's response and all paperwork I have.
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 : Donna Carroll RENTER : Kept Private
Property Name :      
Address : 115 Carboy Road Address : Kept Private
City, State - Zip : Middletown, New York - 10940. City, State - Zip : Middletown, New York - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Deposit denied with unfounded counter-claims
Fair Resolution according to renter :
  1. Refund $1600 deposit
  2. Reimburse RPA fees

RENTAL DETAILS
Address               :   3 Mermaid Lane
City, State - Zip   :   Middletown, New York - 10940.

COMPLAINT DETAILS (from renter)

I rented a private house from this LL from April 2009 until April 2011. In 2010 a renewal lease was made and signed by her and I. During the 2 winters that we spent in this house, the 2nd level always froze (no heat and no running water). My wife and I brought this to the attention of the LL and she indicated that it was just a matter of regulating the thermostats correctly. This was not the case. The insulation which was done by her and her husband was poorly fitted and the 2nd level which is where the master bedroom and our children's bedroom was, froze because of this. We were relegated to moving to the 1st floor every winter. In addition, because of the poor insulation our energy bills were high (oil is used for heat and water) This became expensive as oil prices rose and in March of 2011 we informed the LL that we were moving. She became upset and asked how she would pay her mortgage if we moved. Since then she refused our phone calls and requests for a move out inspection. I had someone take witness of the cleaning we performed and write a statement. I took pictures and have sought resolution with the State Attorney General to no avail. I sent her a letter requesting my deposit and she responded with a laundry list of "damages" that were not performed by me or my family. In retrospect, as I pieced together some of the conversations we had and some of the home related events that took place I can't help but feel that she was setting us up to keep our deposit and possibly seek a "payday" at small claims court. I have taken the initiative to acquire notarized documents from former neighbors to defend myself from her allegations. Initially I sought a refund minus reasonable and legal deductions. Now I seek full restitution. Please advise. I'm an active duty soldier getting ready to move to a new duty station and would be very pleased and relieved with a prompt and fair resolution.

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

INVESTIGATING AGENT - REMARKS (14)
Agent Date Response
Agent Nov 12, 2011 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.
Agent Oct 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 Oct 26, 2011 LANDLORD REFUSAL: Despite repeated attempts both written and verbal, the Landlord/ Manager has refused to respond to the complaint. Due to the landlords refusal to cooperate with RPA Mediation, the RPA has no choice but to close this case. The tenant will need to seek other legal options such as court.
Agent Oct 17, 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 Oct 17, 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 Oct 7, 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 Sep 9, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1423 8777 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Sep 9, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: September 16, 2011 by 7pm
Agent Sep 9, 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 Sep 9, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Sep 9, 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 Sep 9, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Sep 9, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Sep 9, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.