Landlord Complaint Record: #23-2548

Martin Nwaiwu    |    Newark    ,    New Jersey 07106    Landlord Complaint 23-2548


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CASE CLOSED UNRESOLVED May 5, 2014


UNRESOLVED COMPLAINT: Despite mediation efforts; neither party could reach an agreement that was accepted by the other party.
 



Case Number : 23-2548 Filing Date : Jul 22, 2013
Investigating Agent : Kept Private Case Disposition : Unresolved
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Jul 24, 2013 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Martin Nwaiwu RENTER : Kept Private
Property Name :      
Address : 22 Poe Ave Address : Kept Private
City, State - Zip : Newark, New Jersey - 07106. City, State - Zip : Newark, New Jersey - 07106.
Phone : Kept Private Phone : Kept Private

COMPLAINT : SECURITY DEPOSIT, RATS AND BED BUGS
Fair Resolution according to renter :
  1. REFUND, REIMBURSEMENT ON FEES, HOUSING INSPECTION AND EXTERMINATOR.

RENTAL DETAILS
Address               :   22 Poe Ave 2nd Floor
City, State - Zip   :   Newark, New Jersey - 07106.

COMPLAINT DETAILS (from renter)

I've been renting at 22 Poe Ave Newark NJ for 16 months. First the third floor for three months then I moved to the second floor. When I Moved To Second Floor In July of 2012 I ask my landlord verbally if I could apply my security deposit to July's rent since I had lost my job. He agreed again verbally. I continued paying my rents each month being late sometimes but catching up continuously. in January and Feburary 2013 when I paid my rent he held it and in March gave me a receipt stating he applied $2400 (two months rent) towards owed security deposit. its been over five months now that I'm asking him to provide me, in writing, the name and address of the banking information for my security deposit. He refuse to. Eventually the tenants on the first and third floor moved out I began having rats. Droppings was everywhere, in the closet, on the kitchen counter on my living room couch and area rugs even in the bathroom. My apartment is spotless because I'm a very clean and organized person. I take my garbage out regularly if not everyday and never leaves dirty dishes overnight. I contacted my landlord and he bought me a box of moth balls then some sticky rat traps that contained crackers and peanut butter. Still the problem persists. About a week ago I notice two swollen bites on my breast and arm, then some days following my eight year old told me he just saw an ants on the bed. I brushed it off thinking it was probably a mosquito bite and believing that my son was only exaggerating. A couple of days later I showed the bites to a some of my friends, they insisted that it was bed bug bites. Too embarrassed, I argued it was not. This morning @ 2:00 am I was awaken by something biting me. When I woke up and switched the light on, I saw three bed bugs on my bed I immediately contacted my landlord and ask him if he could come upstairs and take a look. Rather than saying tomorrow he will have a look, he told me go back to bed, and don't call his phone because his house don't have bed bugs and hung his phone up on me. I am hysterical right now because this is a serious problem for me. I just got finish furnishing my apartment and I recently bought that new mattress, which I have to throw out no questions asked. I'm worried that this spreads throughout my apartment and gets into my clothes and area rugs. I need this problem resolved, I'm in the process of finding another apartment but as we all know this could take a while.


LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Aug 1, 2013 68.54.153.116 Before agreeing to the stipulation of settlement, Mr. Martin Nwaiwu was given written indication of the repairs that needed to be addressed. This written noticed was given in Feburary 2013. The letter stated :Repairs needed to be done at 22 Poe Ave 2nd floor Newark NJ was as follow Bathroom Tub (overflowing with water when showering) Bathroom Ceiling( chipped/peeled paint need painting), Kitchen Sink ( there is a leak), Broken Ceiling Fan, broken window in the den AND Rats running up and down the apartment. I also indicated that failure to address these issues will result in me holding my rent. The apartment was lovely thanks to me both the tenants on the third and first floor left because of rats and bed bugs. I only discovered the bedbugs the night before I filed this complain. After signing the stipulation of settlement and consulting with my husband I realize that Mr. Martin has been ripping me off. When I signed the lease on March 30th 2012 for the 3rd floor I paid a security deposit of $1425 since that rent was $950 a month and the security deposit was a month and a half. In July 2012 I moved to the second floor and paid Martin $375.00 in cash to apply to my $1425 bringing it to a total of $1800, the security deposit for the second floor. Although he never refunded me any security deposit from the third floor or provided me with an itemized list of any expenses he had after I moved from the third floor he continued to state that I owe him $2400 for security deposit for the second floor. So in Jan and Feb 2013 he kept my two months rent, a total of $2400 and claimed he applied it to security deposit. I then began requesting information for the banking institution and he refused to provide such. My husband then called him and he also was told two different bank names on the two days he spoke to Mr. Nwaiwu. The bank name he shouted to me in an angry voice wasn't the name of none of which he told my husband. So I gave him another letter this time certified mail asking that he apply the security deposit of $2400 to Jan and Feb 2013 rent since he failed to provide me within 30 days of receiving my security deposit about the banking information. March was the only month I was owing and receipts are as follow. Jan and Feb 2013 which was $2400 applied to security (as he claimed) 4/5/2013 $1200....5/2/2013 $1200....6/3/2013 $1200....6/14/2013 $1200 (THIS $604.00 IS TO BE APLLIED TO MARCH RENT) SECURITY DEPO OF $1800 IS STILL PENDING. Or needs to be explained

Landlord Jul 30, 2013 68.199.86.193 Explain why you can't accept / Offer Alternative Resolution.


INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
SYSTEM May 5, 2014 The case has received a disposition of: 'Unresolved' Neither party was able to reach an agreement or resolution.

SYSTEM Jul 24, 2013 CERTIFIED MAILING: This case is being sent via USPS Certified Mail:
A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing. A signature is required for delivery of this certified complaint notice.

SYSTEM Jul 24, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: July 30, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-2548 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Jul 24, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-2548.

SYSTEM Jul 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 Jul 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 Jul 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 Jul 24, 2013 Complaint Accepted by RPA and is pending further processing.

SYSTEM Jul 22, 2013 Complaint 23-2548 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.