Botanica on the Green/ Forest City Stapleton    |    Rebecca Cotter, Kristen Cavin    |    Celveland    ,    Ohio 44113    Landlord Complaint 23-0514

Forest City / Botanica on the Green/Stapleton Denver shuffles out of responsibility Beginning of September 2012 my family experiences wired and never-seen-before bites. My wife in particular shows a severe allergic reaction. September 11: Juliette Helena Eckle (3yr old) is pulled out of school because of severe itchy bites. September 17th : Notice of Intent to Vacate since we are ready to move out into a new house 10/25/12. September 22nd: Judy Harris from the apartment below reports to us severe bed bug infestation. Immediately concerns from our side mentioned to Forest City (FC). FC: Two inspections were performed but nothing was found. Since nothing is found, no treatment and no further inspections are necessary. FC cannot guarantee a pest free apartment. October 1st: Bed bug is found between mattresses. FC: Presently, the one purported bed bug that you allegedly found between mattresses does not amount to a condition that would qualify as an uninhabitable condition pursuant to Colorado law. October 8th: Again, visit by Orkin. For the first time while I (Tobias Eckle) am present and witnessed by Heat Control Inc. Denver. Another bed bug found. Orkin admits that they cannot do heat treatment and are not sure about standard /pesticide treatment. While this happened the following costs occurred, caused by FC not being able to prevent the bed bugs from speeding into our apartment: 1. Parents in law visit 9/11/12 - 10/8/12. To ensure a bed bug free travel we had to buy a heating bag: $400. 2. Moving and heat treatment: To do a heat treatment on the street we had to buy 60 laundry boxes: $400 and rent 2 trailers: $1000. Heat treatment: $1800 ; Movers $1500. 3. Discarded furniture from infested room: $3000. Damaged belongings due to treatment on the street: $2000. Total costs: $10100. CRS Title 38-12-503 outlines the warranty of habitability; “In every rental agreement, the landlord is deemed to warrant that the residential premises are fit for human habitation”. Colorado’s Implied Warranty of Habitability Act says that when you sign a lease, you promise that your unit is fit to be lived in. As FC denied a warranty and refused appropriate inspection or treatment according to the circumstances, I request refunds for the October lease: $2200. In addition, I request a part of the costs caused by FC, which is just a minimum: 400 $ laundry boxes, 2800 heat treatment plus 1500 movers to do the heat treatment on the street. Total: $6900.