Landlord Complaint Record: #23-0288

K.B. Apartments, LLC    |    Eduardo Bustos    |    New Berlin    ,    Wisconsin 53151    Landlord Complaint 23-0288


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CASE CLOSED FORCE REQUIRED Dec 16, 2012


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



Case Number : 23-0288 Filing Date : Sep 18, 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 Renter Oct 8, 2012
Please view response via Microsoft Word if you are NOT able to view complete complaint.

upload Kept Private Renter Sep 18, 2012
This letter stating landlord failure to comply with refund of security deposit

upload Kept Private Renter Sep 18, 2012
This letter is giving landlord 60 day notice of my vacating apartment.

upload Kept Private Renter Sep 18, 2012
This letter was sent to me after the 21 days of notice or refund of security deposit.

upload Kept Private RPA Mailing Center Sep 21, 2012 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Eduardo Bustos RENTER : Kept Private
Property Name : K.B. Apartments, LLC      
Address : 4845 South Ash Court Address : Kept Private
City, State - Zip : New Berlin, Wisconsin - 53151. City, State - Zip : Greenfield, Wisconsin - 53228.
Phone : Kept Private Phone : Kept Private

COMPLAINT : deposit problems, breach of lease agreement
Fair Resolution according to renter :
  1. refund of $535.00 security deposit ( $535.00 for breach of laws
  2. reimbursement of fees

RENTAL DETAILS
Address               :   2109 S 102ND ST APT 105
City, State - Zip   :   WEST ALLIS, WI - 53227 1380.

COMPLAINT DETAILS (from renter)

On June 1st, 2012, I gave my landlord proper 60 day written notice which included my new address, (with my rent for the month) that I intend to vacate (move out) of my apartment at the end of my lease which would expire on July 31st, 2012. Through out the last month (July 2012) of living in my apartment, "2109 South 102nd Street (105)", I began to move all my belongings out. Once the apartment was completely empty, (July 17th), I began to CLEAN the apartment to the best that I could so that it would be "as close to, or if not as clean as it was" on the day I moved in back in August 2003. Just before the end of the month, a friend of mine and I went back to the NOW empty apartment and helped me clean even more, he took pictures of entire apartment with his cell phone camera to verify the condition of the apartment for proof just in case. The next week, I then called the landlord and made an appointment to meet with him for a final walk-through on Tuesday, July 31st, 2012 @ 4pm. On Tuesday, July 31st, when I met with the landlord, (Eduardo L. Bustos) at the apartment to do a final walk-through and turn in my keys, Mr. Bustos FAILED to fill out the walk-through form with me as he inspected the apartment. He stated his Maintenance man would have to inspect the apartment to make a list of all/any damages that needed attention. Mr. Bustos then stated that his Maintenance man was busy and that he, (Mr. Bustos) would get back to me ASAP with a list of deductions for repairs and dollar amount to refurbish the apartment to be rented out again. ** NOTE: According to the lease, which we both signed, and WI state law, ATCP 134.06 (2) Security deposits, it states that the landlord has 21 days to refund my security deposit or mail me the list of deductions. Which Mr. Bustos FAILED to comply with. On August 28th, 2012 I called Mr. Bustos and inquired where my security deposit was? Mr. Bustos claimed the apartment was NOT cleaned to his satisfaction. He also stated that he would mail out the list of deductions next week. I received this letter on September 4, 2012, stating that I owe him $215.00 dollars. After doing some research, I found out that according to WI state law, ATCP 134.06(3)(c) that Mr. Bustos is WRONGFULLY charging me for damages to the apartment. PLEASE NOTE: I kept all my records, including the lease, photos, and any other documents which I can send (fax/e-mail) as proof if needed.


LANDLORD / TENANT RESPONSES (3)
From Date IP Address Response
Renter Oct 8, 2012 65.27.59.195 1.If you are unable to read my entire complaint, I have uploaded it as a file and you can read it using Microsoft Word.

Renter Oct 8, 2012 65.27.59.195 1. Prevention of "Small Claims Court" - Please refund my $535.00 security deposit, and save both of us the time
Explanation: Eddie, It simply boils down to the fact that you FAILED to comply with your own lease (contract) section 5, "Security Deposits", Wis. Stat. § 704.28(4)(a) and Wis. Admin. Code DATCP § 134.06(4) all which clearly states that you the landlord, (Lessor) have within 21 days after the tenant surrenders the rental premises, which expired on July 31st, 2012, to either (A) mail me a detailed list of deductions for withholding moneys, or (B) return/refund my security deposit of $535.00 in person or mail it to me at the address I provided for you when I gave you my rent on June 1st, 2012, (2 months) prior to me vacating your apartment located at 2109 South 102nd Street, #105, West Allis, WI 53227. Also note when you and I did the final walk through on, Tuesday, July 31st, 2012, that you FAILED to fill in (check off) any alleged damages or issues pertaining to apartment # 105 on the "Tenant Inspection Sheet" before I returned the keys to apartment 105 to you. You also stated that you and your maintenance man were busy so once your maintenance man completes his inspection, that he would relay any alleged damages to you. On Thursday, August 30th, 2012, I had made multiple attempts to contact you. I called at 5:02pm, 5:03pm, 5:37pm, 5:38pm,

Renter Oct 8, 2012 65.27.59.195 Offer an Alternative Resolution.

Landlord Oct 1, 2012 216.26.101.177 Explain why you can't accept / Offer Alternative Resolution.


INVESTIGATING AGENT - REMARKS (23)
Agent Date Response
SYSTEM Dec 16, 2012 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 Dec 16, 2012 Case 23-0288 is re-opened by System.

SYSTEM Dec 16, 2012 The case has received a disposition of: 'Unresolved' Neither party was able to reach an agreement or resolution.

SYSTEM Dec 16, 2012 FINAL DEADLINE MISSED: Management has been provided with multiple mailings and request to respond to this complaint. Despite repeated attempts to contact the Landlord/ Manager; they have now FAILED to respond to the second extended deadline.

SYSTEM Dec 6, 2012 Landlord Third response dead-line December 13, 2012 has been set for complaint 23-0288 .

SYSTEM Dec 6, 2012 FINAL MAIL CONFIRMATION: The landlord has previously been provided with multiple written notices and deadlines to respond to this complaint. The landlord has failed to respond to all written notices sent by the RPA. This is a last and final (3rd Notice) in hopes the landlord will act responsibly and respond to the complaint filed by the tenant. The 3rd and final notice are in route and expected to arrive within 3 days. (FINAL OPPORTUNITY)

SYSTEM Dec 6, 2012 FINAL DEADLINE MISSED: Management has been provided with multiple mailings and request to respond to this complaint. Despite repeated attempts to contact the Landlord/ Manager; they have now FAILED to respond to the second extended deadline.

SYSTEM Nov 27, 2012 Landlord Second response dead-line December 04, 2012 has been set for complaint 23-0288

SYSTEM Nov 27, 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 Oct 8, 2012 New file uploaded by Tenant.

SYSTEM Sep 21, 2012 CERTIFIED MAILING: This case is being sent via Click2Mail Certified Mail:
A duplicate Mailing is also being sent via Click2Mail First Class Mail in case the landlord refuses to sign for Certified Mailing.

SYSTEM Sep 21, 2012 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: September 27, 2012 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-0288 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Sep 21, 2012 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-0288.

SYSTEM Sep 21, 2012 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord

SYSTEM Sep 21, 2012 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.

SYSTEM Sep 21, 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 Sep 21, 2012 Complaint Accepted by System

SYSTEM Sep 18, 2012 New file uploaded by Tenant.

SYSTEM Sep 18, 2012 New file uploaded by Tenant.

SYSTEM Sep 18, 2012 New file uploaded by Tenant.

SYSTEM Sep 18, 2012 Complaint 23-0288 has been filed.

SYSTEM Sep 18, 2012 Complaint 23-0288 has been filed.