Landlord Complaint Record: #22-9926

Marc Napert    |    FALL RIVER    ,    Massachusetts 02723    Landlord Complaint 22-9926


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CASE CLOSED FORCE REQUIRED Mar 4, 2013


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



Case Number : 22-9926 Filing Date : Jul 11, 2012
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Jul 12, 2012 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 Jul 22, 2012 The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.

LANDLORD / MGR : Marc Napert RENTER : Kept Private
Property Name :      
Address : 66 GAGNON STREET APT 1 Address : Kept Private
City, State - Zip : FALL RIVER, Massachusetts - 02723. City, State - Zip : FALL RIVER, Massachusetts - 02723.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Harassment
Fair Resolution according to renter :
  1. I am moving out by August 5th 2012

RENTAL DETAILS
Address               :   66 GAGNON ST APT 2
City, State - Zip   :   FALL RIVER, MA - 02723 3221.

COMPLAINT DETAILS (from renter)

My landlord's girlfriend has been harassing me for months and slandering me. I have proof of this and the fact that they are committing fraud. Since his girlfriend has started problems, he has, in turn, started his own complaining. He has come upstairs to yell at me, told me what visitors I can or cannot have at my apartment (I have employees that help care for my special needs children 5 days a week). He has threatened to not give me my earned interest that I have gained since living here and his manner is very threatening. I have always paid my rent early and have always followed the rules here. Former tenants have had the same problem. I am moving out but they seem to be determined to make our last few weeks uncomfortable. I am making a complaint because I feel the safety of my children and myself may be at risk. His name is Marc Napert and his girlfriend's name is Glory Barnes. They both live downstairs on the first floor. I reside on the second floor in the same home.

LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Renter Aug 6, 2012 71.233.27.187 Cultured Care is a company based out of Swansea. They provide a home health aide and a nurse for my children. Our home health aide works only part time. Their policy allows for the employee to bring their child with them to work as long as it is okay with the parents of the client. By law a landlord cannot tell a tenant who can and cannot be a visitor weather it be a person or an animal. Please read the laws of Massachusetts Marc. Here is a helpful website. http://www.gis.net/~groucho/landlord.html. Also the only reason why there was more noise than usual the last few weeks was because we were moving out through the last month I was there. I have text messages, emails and witnesses of the harassment. The first floor tenant not only harassed me but my employees were also harassed. We have documentation of all of it. I also have documentation of the first floor tenant admitting to freud and living with the landlord for the past 11 years as his girlfriend yet telling the state she lives alone just to recieve more SSI benefits, transitional assistance and fuel assistance. I assumed that some of the anger from them was because they thought I reported them to the state. I wasn't planning on doing that until I moved out but I still haven't. Ms Barnes would only harass us when Marc Napert wasn't home (Unless it was through a personal email or text message) which is what happened to the other tenants who are also witnesses for me along with many of the landlords family members. She would then tell Marc she didn't understand what happened and why we were upset with her. There is absolutely nothing in writing stating I could not have a dog come visit for a few hours. I suggest the landlord obey the law from now on and put everything in writing for future tenants so there is no miscommunication. Marc told me the interest has been spent which is also illegal because that account was not (by law) supposed to be touch. He admitted to touching it in front of my father during the walk through. A form of landlord retaliation can also be not returning the securirty deposit and/or interest. By law, Marc has to show reciepts of what the actual damage was and how much it was to fix it. A lanlord cannot charge for normal wear and tear. On the Mass. gov website it gives landlords a list of what they can and cannot charge a tenant for. I have excellent documentation on how the apartments conditon was when I moved in and when I left. I also know that by law he can't charge me for a dent on a wall do to a door handle or chipped paint. Just to clear things up a bit, there were two landords that owned and operated the property at 66 Gagnon street up until a few months before I moved out. Marc Napert's brother also owned the home with him and is also one of my witnesses. He sold the home to Marc for some of the same reasons other tenants left including myself. I know right now that Marc Napert and Ms. Barnes are going through some difficult times and as long as Marc follows the law I will not bring him to housing or small claims court and will not bring Ms. Barnes to court for the harassment but I cannot speak for some of the other victims. I suggest Marc have a written lease from now on with his exact expectations of his future tenants. In closing, I have moved out and left the apartment in excellent condition. I wish them well in their future endeavours.
Renter Aug 6, 2012 71.233.27.187 Explain why you can't accept / Offer Alternative Resolution.
Landlord Jul 28, 2012 71.162.83.115 Explain why you can't accept / Offer Alternative Resolution.

INVESTIGATING AGENT - REMARKS (13)
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 FORCE REQUIRED! After repeated attempts to resolve this complaint; management has FAILED to comply and requires force. The RPA has taken all reasonable efforts to contact the Landlord / Manager. They have REFUSED all request and will require FORCE. This case is closed with a negative disposition.
SYSTEM Jul 22, 2012 Landlord Second response dead-line July 29, 2012 has been set for complaint 22-9926
SYSTEM Jul 22, 2012 2nd MAILING CONFIRMATION: The landlord has failed to respond to the first written notice and deadline. This is the 2nd and Final Notice being mailed to the landlord. The 2nd Notice is in transit and expected to arrive within 3 days. (2nd Notice and Final Notice)
SYSTEM Jul 12, 2012 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: July 18, 2012 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 22-9926 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
SYSTEM Jul 12, 2012 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 22-9926.
SYSTEM Jul 12, 2012 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord
SYSTEM Jul 12, 2012 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.
SYSTEM Jul 12, 2012 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Renter
SYSTEM Jul 12, 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 Jul 12, 2012 Complaint Accepted by System
SYSTEM Jul 11, 2012 Complaint 22-9926 has been filed.