Landlord Complaint Record: #21-8053

Muntasir Ahmed Khandkar    |    Hatfield    ,    Pennsylvania 19440    Landlord Complaint 21-8053


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CASE CLOSED CASE DROPPED Mar 4, 2013


CASE DROPPED: This complaint was not worked by the RPA� The case was terminated early and does not impact the landlords rating.
 



Case Number : 21-8053 Filing Date : May 8, 2012
Investigating Agent : Kept Private Case Disposition : Case Dropped
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter May 8, 2012
Communication regarding the initial condition of apartment

upload Kept Private Renter May 8, 2012
Communication regarding the initial condition of apartment

upload Kept Private Renter May 8, 2012
Confirmation that landlord knew of infestation prior to lease signing

upload Kept Private Renter May 8, 2012
This is a text received from the landlord identifying the condition of the apartment to be received on April 7th as being

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Repairs requested after inspection on April 7th.

upload Kept Private Renter May 8, 2012
Communication regarding requested repairs

upload Kept Private Renter May 8, 2012
Communication with landlord notifying him of infestation and requesting treatment

upload Kept Private Renter May 8, 2012
Communication with landlord requesting agreement on a resolution for breach

upload Kept Private RPA Mailing Center May 8, 2012 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Muntasir Ahmed Khandkar RENTER : Kept Private
Property Name :      
Address : 137 Raintree Crossing Address : Kept Private
City, State - Zip : Hatfield, Pennsylvania - 19440. City, State - Zip : Lansdale, Pennsylvania - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach of Warranty of Habitability, Violation of consumer protection laws
Fair Resolution according to renter :
  1. 1. Refund or credit of $700 for April rent paid, 2. Rent abatement of $350 for May rent, 3. Reimbuse for RPA fees

RENTAL DETAILS
Address               :   613 N Broad Street Unit#4
City, State - Zip   :   Lansdale, Pennsylvania - 19446.

COMPLAINT DETAILS (from renter)

On or about 11/29/2011 Mr. Khandkar contacted a company by name of Service Magic for the purpose of obtaining an exterminator to treat for bedbugs the apartment known as unit#4 located at 613 N Broad Street, Lansdale, PA. Mr. Khandkar declined however to follow-up with the exterminator and thus did not have the unit treated at that time. This incident was not known to me at the time of lease signing. On or about 1/15/2012 I left a $700 deposit for rental of the aforementioned unit without knowledge of the above incident. On or about 3/19/2012 I met with Mr. Khandkar in person to sign a one year lease agreement from April 1, 2012 thru March 31, 2013. There was a clause contained in the lease that I objected to which stated that the tenant shall be responsible for the cost of related to pest control. After expressing my objections on the basis that it is the landlord’s obligation to provide an maintain the apartment free from infestation, he and I agreed that he would responsible for the cost related to pest control for at least the first six months and that I would be responsible IF my living habits were the cause of the infestation. In violation of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, Mr. Khandar did not disclose that he knew of the possibility that the unit he was providing had an issue with bedbugs. On or about 3/26/2012 The prior tenant of my unit along with the tenant of the neighboring apartment communicated to Andrew Krauss, an investigator from the Lansdale boro code enforcement office, that the unit had a bedbug infestation and that the landlord had failed to take action to rectify the problem. Mr. Krauss then notified Mr. Khandkar and instructed that he have the units treated for bedbugs no later than April 10, 2012. On or about 4/6/2012 Mr. Khandkar presented me with the keys to the unit after exclaiming via text message that I would be receiving a “shiny new apt” which will be ready to occupy on April 7th. On or about 4/7/2012 the day that I was to move into the apartment, Mr. Khandkar, without prior notice or permission in violation of the lease terms as well as a violation of Pennsylvania’s covenant of quiet enjoyment, entered Unit#4 along with an exterminator for the purpose of inspecting the unit. At the time, I was not present in the unit, nor was I notified that the inspection took place. I came to know of the incident only after filing a complaint of bedbug infestation with the Lansdale boro on April 30, 2012. On this same date against the advice of the exterminator, Mr. Khandkar refused to have the apartment treated. On 4/7/2012 at approximately 3:00 pm when I arrived to inspect the unit and prepare for move-in, I noted the following: All of the light fixtures had wires exposed, as these had not been reaffixed to the wall following Mr. Khandkar’s painting of the unit. The apartment reeked of dog feces. The carpets in the living room area and bedroom were both badly soiled, stained and damaged. The oven and stove were filthy and covered in soot and grease. The only air-conditioner in the unit was visibly broken and the filters were filthy. In addition, there were noticeable patches on the walls where it appeared holes had been punched through. I immediately contacted Mr. Khandkar who agreed to correct the above issues with the exception of replacing the rug, which he said that he would have cleaned. On or about 4/10/2012 Mr. Khandkar contacted my mother, a co-signer on the lease and notified her that the requested repairs had been completed. He further remarked that he would not prorate the rent for April. As the requested repairs were made in a timely fashion, I agreed that the rent would not be prorated because of those specific repairs. On 4/20/2012 while cleaning the unit I came across several stink bugs and contacted Mr. Khandhar requesting an exterminator and I received no response. I subsequently sprayed the apartment myself. On 4/21/2012 I along with my 7 year old son spent the first night in the apartment. On or about 4/27 after my son awoke with bites over his body I became alarmed and visually inspected the premises for insects. The only insects discovered were fleas coming from the rug. After being unsuccessful in acquiring a response from Mr. Khandar regarding the previous pest, I simply fumigated the apartment myself for fleas. I and my son stayed at my mother’s home that night. Ofter returning to apartment on 4/29 and spending the night my son awoke on 4/30 with additional bites on his face. This time as I began inspecting the apartment I saw a bug walking along the carpet. I caught the bug for the purpose of attempting to identify it. I saw immediately that it was a bed bug. As I left my son’s room I encountered two more bedbugs walking along the carpet in the living room, I captured both of these as well. On 4/30 I contacted Mr. Khandkar regarding the bedbugs and he attempted to blame me for bringing them into the apartment. He then stated that I would have to wait until the weekend before he would send out an exterminator. I objected and contacted the Lansdale boro code enforcement to file a complaint. At the time that the complaint was filed, Mr. Krauss informed me that a prior complaint regarding bedbugs had been made on 3/26. After speaking with Mr. Krauss, Mr. Khandkar contacted my mother to inform her that he would have the apartment treated on May 2nd. I and my son have not slept in the apartment since 4/30/2012 On 5/1/2012 I send via certified mail a letter to Mr. Khandkar notifying that I would be withholding the rent until the treatment of the apartment is complete. On 5/2/2012 My mother and I greeted the exterminator and inquired about the treatment, it was at this time that my mother was notified by the exterminator that Mr. Khandkar had previously refused to have the unit treated. I also learned that the treatment was in two stages with the second treatment being applied in two weeks. On 5/3/2012 My mother contacted Mr. Khandkar to notify him that I would not be returning to the apartment until two weeks from the date. And she also notified him that he was in breach of the implied warranty of habitability. She used this correspondence as a means of requesting the remedy of having the April rent paid refunded and May’s rent prorated. Mr. Khandkar declined On 5/6/2012 My mother again contacted Mr. Khandkar asking that he reconsider. He refused.


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

INVESTIGATING AGENT - REMARKS (25)
Agent Date Response
SYSTEM Mar 5, 2013 OFFICIAL COPY OF COMPLAINT: An official copy of the complaint has been requested by the tenant and mailed out by the nearest mailing center. The tenant should receive the copy of complaint within 3 days.

SYSTEM Mar 4, 2013 CASE DROPPED: As per the tenant's right; they have chosen to drop this case. No further responses will be accepted. The tenant has requested that the RPA drop the case. The tenant has also agreed that their filing fees are forfeited, regardless of their decision to drop the case early.

SYSTEM Jun 23, 2012 Case 21-8053 is re-opened by System.

SYSTEM Jun 23, 2012 Case has been closed by Tenant request. Tenant is pursuing further legal action.

SYSTEM Jun 23, 2012 The tenant has closed this case. The RPA will no longer be accepting responses to this complaint.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012
Please respond to complaint within 2012-05-15.


SYSTEM May 8, 2012 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 21-8053.

SYSTEM May 8, 2012 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord

SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.

SYSTEM May 8, 2012 EMAIL TO TENANT: The system has sent an email to the tenant. The email included a copy of the complaint as filed by the tenant.

SYSTEM May 8, 2012
Your Complaint 21-8053 has been accepted by RPA system.Now it is in process.


SYSTEM May 8, 2012 New image uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 New file uploaded by Tenant.

SYSTEM May 8, 2012 Complaint has been field.