Landlord Complaint Record: #23-1508

Lenox Condominiums    |    Syed Shamsi    |    Austin    ,    Texas 78741    Landlord Complaint 23-1508


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CASE CLOSED FORCE REQUIRED Oct 29, 2013


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



Case Number : 23-1508 Filing Date : Mar 23, 2013
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 Mar 25, 2013 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Syed Shamsi RENTER : Kept Private
Property Name : Lenox Condominiums      
Address : 2805 Sunridge Drive Address : Kept Private
City, State - Zip : Austin, Texas - 78741. City, State - Zip : Houston, Texas - 77069.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Repair issues
Fair Resolution according to renter :
  1. Repair A/C and Heater in a timely manner (first and second attempts to repair occurred in early December and were left unattended once the units broke for the third time). It has since been fixed, but i am requesting financial compensation for not having either utility for approximately four (4) months.
  2. Refund of my full deposit ($850) since the conditions of the apartment were horrible upon move-in. No new problems have arisen simply because everything that could go wrong was already wrong/broken upon move-in, and I have witnesses to attest to this.
  3. Due to neglecting to repair requested items, I request that all matters pertaining to the report filed by the Austin Code Compliance Department (window that does not shut properly, platform below A/C unit is rotted through, etc.) be remedied within the time frame given by them (and NOT deducted from
  4. Repair the mailbox, or make the appropriate reservations to do so with the Postal Service if necessary, since it is not my responsibility to repair this according to our lease contract and has kept me from receiving mail.
  5. Repair oven knobs (fire hazard) and shower fixtures, since these pose a threat to my safety and/or health.

RENTAL DETAILS
Address               :   915 West 23rd Street, Unit 102
City, State - Zip   :   Austin, Texas - 78705.

COMPLAINT DETAILS (from renter)

I have been requesting repairs of my heater and A/C unit since November 2012 and Mr. Shamsi has repeatedly neglected to do anything to repair it. I have made several requests throughout the past 4-5 months, and none have been granted, even though our lease contract clearly states that it is his responsibility to do so. In regards to my deposit, Mr. Shamsi illegally set up a new tenant to move in without giving me written notice to do so within the time frame outlined in the lease contract. When the lease ended, and I informed him that I would like to stay through May 31, 2013, he told me that he would be deducting $100 from my deposit for "inconvenience" fees related to having to telling the new tenant that he could not move in when Mr. Shamsi had promised. The lease contract clearly states that if neither party gives written notice 30 days or more prior to the end of the lease, that it will automatically default to a month-to-month contract. Since neither party gave written notice, I believe that he is not entitled to deduct ANY amount of money from my deposit. I have also made several requests to fix other issues in the unit, such as broken baseboards/wood panelling throughout the unit, loose shower handles/nozzles/showerhead, broken knobs on the appliances, rotten wood that has been entirely eaten through, windows that will not properly shut, leaving approximately a one (1) inch gap (but admittedly do have a lock in place to prevent opening) allowing for improper insulation as well as a place for leverage that could allow a burglar to easily break in, and many more issues. I have made complaints over the phone and through email, and none of them have been addressed.

LANDLORD / TENANT RESPONSES (3)
From Date IP Address Response
Renter Apr 7, 2013 76.219.138.130 1.After receiving the notice that I had filed a complaint against Mr. Shamsi, he called me on April 2nd (after receipt of notification of my complaint) and gave me my 30 days notice to vacate. On March 1st, I sent a certified letter confirming our verbal agreement that I was to stay through May 31st, but after receiving notice of my complaint, he has now reneged on this agreement and has asked me to leave within 30 days of receiving his notice. I feel that this violates my legal rights to file a complaint, and that Mr. Shamsi is treating me in an unfair manner by retracting his agreement and forcing me to vacate. If I do not vacate within that 30 day period, he claims that he will evict me, which violates my rights to file a complaint.

He has also forced me to pay a $100 fee that was paid by HIM to the NEW TENANT that he had lined up to move in after my move-out, however no written notice was EVER given by him to me (verbally or in writing) that I was to vacate the property by any date other than the agreed upon date of May 31st, 2013. I believe that when Mr. Shamsi received this notification, he responded with illegal actions, stating that "I have been nice to you, and you have not been nice to me. I would like you to move out in 30 days." Again, I feel that this is an illegal action and violates my rights as a tenant to file a complaint based on factual issues that were neglected, not addressed, or simply refused to repair. Due to this violation, and my receipt of the form from the RPA entitled "Notice of Tenant Filed Complaint" that was sent to Mr. Shamsi, I will be filing for legal actions against him.

While he has repaired the A/C and heater before the receipt of this notification, it should still not be neglected since it took him FOUR months to officially, and substantially, repair these units to a satisfactory degree. I also am in fear that he will not return my deposit based on this complaint, or at least find every way possible to retain as much of it as he can, which is not only unfair, but can be perceived as a raise of rent, as well as harassment. These matters will be taken up in a civil court, however I thought it necessary to update my complaint with the RPA to have legal documentation of the situation and conditions that have arisen from this complaint. Since he received this notification prior to the verbal contact where he requested I vacate, I believe that this is clear evidence of retaliation of my complaint, and is therefore unlawful.
Renter Apr 2, 2013 72.177.36.213 1.Today, April 2nd, I received a phone call from Mr. Shamsi stating "you have not been nice to me, and I have been nice to you" and simply gave me verbal notice that he wanted me to vacate in 30 days. It was not in writing, nor was a receipt of proof of notice supplied. He claimed that he left a notice on my door, however there was no notice and I was present at the time he claimed he was here to drop it off. Our lease contract explicitly states that the 30 day written notice must be given in writing, and again, none was received. He has threatened to evict me if I have not vacated by the end of the 30 day period, so it is an urgent matter that this is addressed so I am not wrongfully evicted.
Renter Mar 24, 2013 108.90.113.128 1.Neglect to fix my mailbox - he has told me that I am to contact a third party to come give me an estimate and then it is my responsibility to pay for the repairs.

INVESTIGATING AGENT - REMARKS (11)
Agent Date Response
SYSTEM Oct 30, 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 Oct 29, 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 Mar 24, 2013 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 Mar 24, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: March 30, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-1508 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
SYSTEM Mar 24, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-1508.
SYSTEM Mar 24, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord
SYSTEM Mar 24, 2013 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.
SYSTEM Mar 24, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Renter
SYSTEM Mar 24, 2013 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 Mar 24, 2013 Complaint Accepted by RPA and is pending further processing.
SYSTEM Mar 23, 2013 Complaint 23-1508 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.