Landlord Complaint Record: #20-3331

Green Mount Lakes apartments    |    Andree Stell    |    Ofallon    ,    Illinois 62269    Landlord Complaint 20-3331


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CASE CLOSED MET MINIMUM REQUIREMENT Jan 27, 2012


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



Case Number : 20-3331 Filing Date : Dec 20, 2011
Investigating Agent : Kept Private Case Disposition : Met Minimum Requirement
Complaint Level : Code 4 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
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 : Andree Stell RENTER : Kept Private
Property Name : Green Mount Lakes apartments      
Address : 1200 greenfield place Address : Kept Private
City, State - Zip : Ofallon, Illinois - 62269. City, State - Zip : ofallon, Illinois - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Repeated noise, broken items, unable to reside in apt
Fair Resolution according to renter :
  1. Reimbursement of pro-rated days I have had to leav, payment of broken items

RENTAL DETAILS
Address               :   1224 GREENFIELD PL APT 102
City, State - Zip   :   O FALLON, IL - 62269 7299.

COMPLAINT DETAILS (from renter)

I moved in 15 Sept 2011, on 1 Oct 2011 I started notifying my apartment complex of the noise above me. It shakes my walls, light fixtures, appliances on top of my counters. I have had 3 pictures fall off the wall and shatter, in which I have a 15 month old who was near. I have notified them several times, approx 10. I have had to leave my apartment 7 times now, as I have to leave again tonight. I have 7 witnesses who have been here to see the damage, and hear the noise. It happens anywhere from 0500-2300 (7 am - 11 PM). The reponse I get has ranged from- we will send him a notice, an email, give him a call, and then it turned into my neighbor stating he wrestled with his children, to refusing to move, to he has decided to find a house to buy. In the meantime, I am on active duty, I am a Registered Nurse, and because I have had to pack up my things and leave with my child in the middle of the night because of the noise, and return in the morning, I have been pulled off of cases because I am not getting the required sleep to administer sedation medication to patients. It has affected my belongings, my sons safety, our comfort, my job. I have had to leave, yet still required to pay rent. I was never offered to move, but was stated was, "if I were to offer to move you, who would move your stuff?" But no offer was made. Also, in one discussion, it was said that my neighbor may be doing this out of spite now, and another conversation she didn't want to make him mad. I do not want any more dealings with them. My rights are being abused. When I leave 30 Dec, I should be reimbursed for te loss of my items and not being able to LIVE in my apartment. In section 19 of their lease, it states that all residents are allowed a quiet environment (not in those words) and they are not handling this situation. I have notified the police 2 times, and once when they knocked on the door, the noise stopped and started again in 15 minutes so I had to leave. There was a one week period where my son had pneumonia and a 105 fever for 7 days, we had to leave 2 of those because he was unable to sleep, and I had to take him to the doctor twice, who noted that because my son was not getting the needed rest, his body was not getting better. So now, this has affected my sons health. I have a sitter three times a week, during the week, who comes to the house to watch him. She, herself, not counting when I have had to leave, has had to leave with him 4 times. Again, to summarize: My belongin

LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Landlord Dec 30, 2011 66.37.244.244 We are sorry you feel we have been unable to meet your residency needs. Several attempts were made by the staff at Green Mount Lakes to witness the noise you mention. Additionally, we were given the police report from their visit. The police reported the noise was within acceptable parameters. When living in a multi-family housing situation it very much differs from single family housing. Noise is subjective and varies in level for all parties. Due to this reason we must rely on our staff and police to be the judge relating to noise levels. This ensures that it is not one resident’s word against another resident. To date, no one from the Green Mount staff or police have witnessed inappropriate noise levels. Additionally, we have contacted surrounding residents in the building to see if they have witnessed or been subjected to inappropriate noise levels from any of the apartment homes. They have not. I am sorry you feel we did nothing, however, we did offer to let you transfer to another unit on November 14, 2011. Additionally, we offered to allow you to give a 30 day notice and walk away from your Lease Agreement. Lastly, you were offered to be allowed to turn over possession of your apartment home early and would not be charged the remaining days of your notice once we received possession of the unit. Green Mount Lakes and its agents have offered a variety of solutions and alternatives. No reimbursement for items is warranted.
Renter Dec 22, 2011 108.210.8.107 My belongings have been broken because of the shaking of the walls, I have had to leave 7 times, my sitter 4 times, my sons safety and health have been put at risk. They have not abided by their contract or the law called, "right of quiet enjoyment" as follows: Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something. Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet. Def:quiet enjoyment n. the right to enjoy and use premises (particularly a residence) in peace and without interference. Quiet enjoyment is often a condition included in a lease. Thus, if the landlord interferes with quiet enjoyment, he/she may be sued for breach of contract. Disturbance of quiet enjoyment by another can be a "nuisance" for which a lawsuit may be brought to halt the interference or obtain damages for it.
Renter Dec 22, 2011 108.210.8.107 I want to add that I asked to leave early in Nov and was denied and said I would be responsible for the whole month of December. Yesterday, 20 Dec, I was offered to leave 7 days early with no reimbursement. I was NOT offered another unit before when Andree Stell offered my neighbore to move, and he refused. I was NOT offered another unit when I asked to leave Nov 2011. I was also told yesterday that even though a 10 day notice was sent to Jeffery Maher, my neighbor, they will not do anything else because I am leaving. Yet I am still experiencing noise. Andree Stell also refused to notify my neighbor again of the noise yesterday. They also will not provide me with proof that he has been notified. I was called a liar yesterday by Andree Stell, I was insulted about being part of the military, and I caught Kelly in a lie as I was present as she told a resident that "policy" for noise is notifications, fines then eviction. When Andree was asked, she said she has no idea where Kelly got that from. Lindsay has been in my apt and seen the photo frame and my witness was there and told her how it fell. Yet I am called a liar. I am being discriminated against because I am military and got ofrders to leave, and they are refusing to honor the Right to Quiet Enjoyment covenant and their lease in section 19.

INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
Agent Jan 27, 2012 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.
Agent Jan 3, 2012 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 Dec 21, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: December 30, 2011 by 7pm
Agent Dec 21, 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 Dec 21, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Dec 21, 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 Dec 21, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Dec 21, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Dec 21, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.