Landlord Complaint Record: #20-1952

Grove Park Apartments    |    Glen A. Supit    |    Gaithersburg    ,    Maryland 20878    Landlord Complaint 20-1952


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CASE CLOSED MET MINIMUM REQUIREMENT Oct 17, 2011


REQUIREMENT MET: After mediation it has been determined that the landlord met the minimum requirement for this complaint.
 



Case Number : 20-1952 Filing Date : Sep 7, 2011
Investigating Agent : Kept Private Case Disposition : Met Minimum Requirement
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Sep 16, 2011
This picture was taken on August 29, 2011, two days (and 15 days after the incident) before visitors' parking signs "mysteriously" transformed into what the landlord presented as its supporting photograph.

upload Kept Private Renter Sep 16, 2011
This picture was taken on August 29, 2011, two days (and 15 days after the incident) before visitors' parking signs "mysteriously" transformed into what the landlord presented as its supporting photograph.

upload Kept Private Landlord Sep 14, 2011
This is a copy of the signed and agreed upon terms that John Isla signed. Please refer to the third paragraph entitled "Visitor Parking". Please note his initials agreeing that a visitor parking tag must be displayed clearly at all times.

upload Kept Private Renter Sep 13, 2011
This is to remind the landlord that the visitor parking sign did not just transform itself. It was obviously changed to protect the interest of Grove Park Apartments. An investigation of Grove Park Apartments's work orders will show that the picture of the parking sign provided by the landlord was recently done.

upload Kept Private Landlord Sep 13, 2011
This notice was sent to all resident to advise them that Grove Park Apartments will soon begin to have a new parking program and that anyone that wishes to park their vehicle (resident or guest) must always have a permit.

upload Kept Private Landlord Sep 13, 2011
This sign clearly states that all visitor will require a permit to park at Grove Park Apartments.

upload Kept Private Landlord Sep 13, 2011
This sign clearly states that if you are to park your vehicle at Grove Park apartment it will need a permit.

upload Kept Private Landlord Sep 13, 2011
This notice advised all resident that the parking program will start soon and they must pick up their stickers. Again, it also informs the resident about the need for parking tags for guest that is to park at Grove Park Apartments.

upload Kept Private Renter Sep 7, 2011
Discusses the points raised by the management and my response to each point and presents the relevance of each supporting document

upload Kept Private Renter Sep 7, 2011
Attached are the supporting documents

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 : Glen A. Supit RENTER : Kept Private
Property Name : Grove Park Apartments      
Address : 750 Clopper Road Address : Kept Private
City, State - Zip : Gaithersburg, Maryland - 20878. City, State - Zip : Gaithersburg, Maryland - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Violation of Lease Agreement regarding parking policy
Fair Resolution according to renter :
  1. reimbursement of $154.00 for the impound, towing, and storage fees of my friendâ??s vehicle and RPA fees
  2. addition of an addendum to the lease agreement addressing the parking issue
  3. making a public apology about its failure in addressing the specifics of the new parking policy prior to its implementation
  4. making a public apology about changing the visitor parking sign more than 2 weeks later to cover up its mistake
  5. a letter of apology to my friend, Ryan de la Pena for illegally towing his vehicle

RENTAL DETAILS
Address               :   791 Quince Orchard Boulevard #31
City, State - Zip   :   Gaithersburg, Maryland - 20878.

COMPLAINT DETAILS (from renter)

1) On August 14, 2011 my visitor's vehicle was towed despite being parked in a clearly marked visitor parking space (which was acknowledged by the management in its response to my complaint) 2) The management refused to reimburse the amount of $154.00 for impound, towing, and storage fees despite acknowledging that my visitor parked in the designated visitor parking space. 3) Visitor parking signs were changed more than 2 weeks later to benefit the argument of the management that my visitor did not have a valid parking permit when original sign did not mention anything about a parking permit. 4) The management attempted to manipulate information about the parking policy by arguing that, "we provided you with a signed Parking Policy ..." in its letter dated August 31, 2011. The management was referring to the memorandum of the management's planned parking policy. 5) Lease agreement has a very clear parking policy which the management did not mention. Furthermore, any changes to the lease agreement must be agreed upon by both parties and must be documented in the lease agreement signed by both parties. No changes to the Lease Agreement is documented. 6) Instead of resolving the issue, the management covered up its mistake by changing the visitor parking signs to support its argument.


LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Sep 16, 2011 68.50.162.42 The landlord assumed that my initials on the memorandum about its new parking policy is an automatic agreement of the proposed policy. The truth is my initial simply means I have read the proposed policy. Let me refresh the memory of the landlord about the three basic components of a contract. These are: the offer, the consideration, and the acceptance. The offer is clearly specified in the lease agreement, consideration was made prior to both parties signing the lease agreement and a mutual agreement was made when both tenant and landlord signed the lease agreement. The Lease (consisting of all the documents identified in the introduction is the COMPLETE AGREEMENT between you and us." Furthermore, '... the lease (agreement) can ONLY be changed by an agreement in writing, SIGNED BY YOU AND US (page 17, section 55 of the lease agreement). The memorandum did not automatically replace the lease agreement. It was not dated nor signed by both parties. And it is not part of the official binding contract- The Lease Agreement.

Landlord Sep 13, 2011 66.10.144.81 On June 20, 2011 Mr. Isla came to the leasing office and initialed/signed a copy of the Community Parking Policy for Grove Park Apartments. On the section that states Visitor Parking it clearly states that "A visitor parking tag must be displayed clearly at all times." I am also forwarding you 5 documents that is related to this complaint: 1) The Community Parking Policy - where Mr. Isla has initialed and sign the documents, 2) Parking Roll Out notice letter - This letter was sent on May 9, 2011 and stated that the community is planning to roll out a new parking policy where all residents and visitors will require to have a permit if they choose to park their vehicle at Grove Park Apartments, 3) Final Parking notice letter - This letter was sent out on July 6, 2011 and informs and reminds all resident that the parking program will start soon and they are to pick up their parking pass, it also indicate that if they are to have guest that is to park their vehicle at Grove Park Apartemnts they will need to have a parking permit, 4) Picture of Entrance Parking Sign - Is placed on all enterances of the community and it indicate that if you are planning to park your vehicle at Grove Park Apartments it will require a permit, 5) Visitors Parking Signs - This sign is located at all of the guest parking area and it also clearly states that if your guest is to park here it will need a parking permit.


INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
Agent Oct 17, 2011 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.

Agent Sep 9, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1423 8814 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.