Landlord Complaint Record: #23-2746

The West Side is the Best Side    |    Mark Althouse    |    Oro Valley    ,    Arizona 85755    Landlord Complaint 23-2746


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CASE CLOSED FORCE REQUIRED May 5, 2014


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



Case Number : 23-2746 Filing Date : Aug 20, 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 Aug 21, 2013 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Mark Althouse RENTER : Kept Private
Property Name : The West Side is the Best Side      
Address : 13347 N. WideView Drive Address : Kept Private
City, State - Zip : Oro Valley, Arizona - 85755. City, State - Zip : Rio Rico, Arizona - 85648.
Phone : Kept Private Phone : Kept Private

COMPLAINT : False Damages Claimed from Security Deposit
Fair Resolution according to renter :
  1. (1) Refund Remainder of Security Deposit $186.30 (2) Reimburse for RPA Fees $35.00

RENTAL DETAILS
Address               :   1577 North Saddlewood Ranch Drive
City, State - Zip   :   Tucson, Arizona - 85745.

COMPLAINT DETAILS (from renter)

Mark and Anna Althouse claim the following damages and withheld $186.30 from my security deposit. My response follows in capital letters 1. "Three bed pillows were missing. (When you arrived the Queen bed had two pillows and two shams and the twin bed had a pillow and a sham. When you left only the shams were left and not the pillows.) (estimated replacement costs $25)" YOU ARE ACCUSING ME OF STEALING YOUR PILLOWS. I DID NOT TAKE YOUR PILLOWS. YOU BOTH KNOW THAT. YOUR ACCUSTATION IS MERELY A LIE SO THAT YOU CAN KEEP PART OF MY SECURITY DEPOSIT. 2. Two of the decorative pillows on the settee were damaged. (estimated replacement cost $34) YOU NEVER STATE WHAT DAMAGES YOUR PILLOWS SUFFERED. I TELL YOU, THAT ONLY ONE OF THE TWO PILLOWS ON THE SETTEE HAD A SLIGHT SNAG AND IS COMPLETELY PRESENTABLE. YOUR STATEMENT IS MERELY A LIE SO THAT YOU CAN KEEP PART OF MY SECURITY DEPOSIT. 3. There were many snags in the sheets for the queen size bed (actual replacement cost $27.55) 4. There were snags in the bed skirt and the comforter on the queen bed was damaged (actual replacement cost $35.07) MARK, ANNA, WHEN YOU MADE THIS CLAIM/STATEMENT, PERHAPS, YOU DID NOT CONSIDER THAT I NEVER USED YOUR LINENS. I BROUGHT MY OWN LINENS AND CHANGED THEM OUT ON THE NIGHT I ARRIVED (SEE TRAILING EMAIL BELOW). YOUR LINENS DID NOT GO ON THE BED UNTIL THE MORNING OF JUNE 30, THE DAY I LEFT. THAT WAS THE LAST ROOM I CLEANED AND THE CATS NEVER WENT IN THERE AS THEY WERE ALREADY CRATED AND WAITING TO BE PUT IN MY TRUCK. THERE WAS NO DAMAGE DONE TO YOUR QUEEN BED LINENS FOR I NEVER USED THEM. YOUR STATEMENTS ARE MERELY A LIE SO THAT YOU CAN KEEP PART OF MY SECURITY DEPOSIT. 5. Both of the rugs in the small bathroom were damaged (actual replacement cost $14.68) AS BEFORE, I SELDOM USED THIS BATHROOM AND ONLY ONE OF THE RUGS WAS DAMAGED, THE SEAM SEPARATED FROM THE RUG PORTION. I DISCOVERED THIS WHEN I CLEANED PRIOR TO MY LEAVING. I AM NOT RESPONSIBLE FOR THIS DAMAGE. YOUR STATEMENT IS MERELY A LIE SO THAT YOU CAN KEEP PART OF MY SECURITY DEPOSIT. 6. The TV console was damaged. (estimate $50 for repairs.) I WAS WILLING TO GIVE YOU BOTH THE BENEFIT OF THE DOUBT AND SAID I WOULD ACCEPT THIS CHARGE IF YOU PROVIDED ME WITH A RECEIPT FOR FIXING THE CONSOLE. NO RECEIPT HAS BEEN FORTHCOMING . I BELIEVE YOUR STATEMENT IS MERELY A LIE SO THAT YOU CAN KEEP PART OF MY SECURITY DEPOSIT.


LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Renter Aug 31, 2013 184.99.132.102 In his response, Mark Althouse states “I apologize for a late response. You have an incorrect address.” Pima County, Arizona records show Mark and Anna Althouse reside at 13347 N. WideView Drive, Oro Valley, Az. If Mr. and Mrs. Althouse do not reside at 13347 N. WideView Drive, then Mark and Anna Althouse need to explain how they came to receive the notice from the Rental Protection Agency at an incorrect address of 13347 N. WideView Drive. I believe they reside at 13347 N. WideView Drive and not at 1577 Saddlewood Ranch Drive as Mark Althouse implies. Mark and Anna Althouse claim “first of all we are not landlords.” I rented 1577 N. Saddlewood from Mark and Anna Althouse from May 6, 2013 through June 30, 2013 resulting in an over 30 day rental, hence placing my occupancy into a landlord/tenant agency as per Arizona Landlord/Tenant laws. Mark Althouse, in his response, states “we rent our house on occasion as a vacation rental.” 1577 N. Saddlewood Drive, Tucson, Arizona, the property I rented, is listed as a vacation rental on the websites for FLIPSIDE, Trip Advisor and Vacation Homes for Rent by Owner. Mr. and Mrs. Althouse use the moniker “The Westside is the Best Side” - a luxury oasis vacation rental home to advertise 1577 Saddlewood Ranch Drive. These websites show the home is available for rent from today through December 31 (the latest day available on the website calendars.) This is not an occasional rental as per Mark Althouse ‘written statement and yet he states “we are not lying as Ms. Zamorano claims.” Mark and Anna Althouse notified me of their claims for “damages and missing items” via email on August 7, 2013, this is 38 days after I vacated the property and only after I emailed them twice. Arizona Security Deposit Law 33-1321 states the landlord must send the full security deposit within fourteen business days of request. I requested return of my security deposit on June 30. Arizona 33-1321 states the landlord must provide the tenant with receipts of to prove payment for repair of the damages the landlord claims. I requested receipts but Mark and Anna Althouse did not provide me with evidence of the “repairs” yet they now claim to have evidence of such. Based solely on Mark and Anna Alehouse’s violation of AZ 33-1321 I am entitled to a refund of the remainder of Security deposit $186.30 plus reimbursement for RPA fees of $35.00.

Renter Aug 31, 2013 184.99.132.102 Explain why you can't accept / Offer Alternative Resolution.

Landlord Aug 30, 2013 98.225.82.0 Explain why you can't accept / Offer Alternative Resolution.


INVESTIGATING AGENT - REMARKS (16)
Agent Date Response
SYSTEM May 5, 2014 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 Aug 29, 2013 LANDLORD RESPONSE PAST DUE: The Landlord has failed to respond to the complaint by: August 28, 2013 .The Landlord will be provided a grace period of 3 additional days to respond. CASE IS PENDING LANDLORD RESPONSE.

SYSTEM Aug 29, 2013 PAST DUE RESPONSE: The Landlord or Manger has FAILED to respond by the deadline set within the complaint notice.

SYSTEM Aug 21, 2013 As per tenant request, a duplicate copy of the Complaint Notice mailed to the Landlord has printed and is in route to the Tenant's address. USPS Mailing Center has provided the confirmation ID: 42033424

SYSTEM Aug 21, 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 Aug 21, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: August 27, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-2746 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Aug 21, 2013 LANDLORD / MANAGER MAILING: Complaint Notice is being delivered to:
Mark Althouse, Anna Althoue
13347 N. WideView Drive
Oro Valley, Arizona 85755

USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 42033424

SYSTEM Aug 21, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-2746.

SYSTEM Aug 21, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation.

SYSTEM Aug 21, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Renter

SYSTEM Aug 21, 2013 Complaint Accepted by RPA and is pending further processing.

SYSTEM Aug 20, 2013 The RPA server has sent an initial email complaint notice to Mark Althouse, Anna Althoue 23-2746 concerning the Complaint filed by the tenant: False Damages Claimed from Security Deposit. The email address was provided by the tenant at the time of filing.

SYSTEM Aug 20, 2013 An email confirmation was sent to the tenant at 08-20-2013. The email included a confirmation of the complaint filing, case number, and pin.

SYSTEM Aug 20, 2013 CONFIRMATION OF COMPLAINT: A complaint about False Damages Claimed from Security Deposit has been filed pertaining to 23-2746 or Mark Althouse, Anna Althoue located in Oro Valley, Arizona 85755. Case is pending mailing confirmation.

SYSTEM Aug 20, 2013 Complaint 23-2746 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.