Landlord Complaint Record: #23-3033

Pastore Laurel Springs Apartments    |    Kate Chalupczynski    |    Erie    ,    Pennsylvania 16506    Landlord Complaint 23-3033


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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 : 23-3033 Filing Date : Sep 28, 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 Sep 30, 2013 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Kate Chalupczynski RENTER : Kept Private
Property Name : Pastore Laurel Springs Apartments      
Address : 2315 West Grandview Blvd Address : Kept Private
City, State - Zip : Erie, Pennsylvania - 16506. City, State - Zip : Erie, Pennsylvania - 16509.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Deposit problems, rental payment, address
Fair Resolution according to renter :
  1. 1. refund the part of deposit not on lease 2. discount for address problems 3. accept that we paid aug rent

RENTAL DETAILS
Address               :   
City, State - Zip   :   , - .

COMPLAINT DETAILS (from renter)

I have three complaints against Pastore in Erie, PA that my roommate and I would like help in mediating. One of these is from some months ago. We’ve just now had time and money to address it. In the meantime, two other things have happened with this company so we figured we could just address them all together. Hopefully we can get to a fast and fair solution for all parties. 1) We have some questions about the totals we were charged when we moved into the apartment in May. I was moving to PA from WA state, and my roommate was moving from FL. So we were both at a great distance relying on e-mail and telephone correspondence. We were originally given a move in total of $2,005 to move in. That’s a $535 security deposit plus application fee, plus the first month’s rent of $735 and last month’s rent of $735. That seemed a little high to me, but I agreed to it. We never signed any paper, just a verbal agreement. A few weeks later we got the lease. It has a completely different set of numbers. $735 upfront, plus $367.50 for the security deposit minus the $200 we had put down for an application fee, so $167.50. As leases are written for premises and not person, that brought the amount down considerably. I also noticed that the lease says on it “This lease represents the final and complete agreement between Landlord and Tenant. Any oral or written promise or representations made by either party prior to the signing of this lease and not included in this lease are not enforceable.” So I figured that we were only owing $902.50 because that is the only amount on the lease. I even called Marje Christy, our property manager at the time, to confirm and she said that was correct. I sent in the check, and heard nothing else before I moved so I assumed it was all fine. Then, after driving 5 days across country, with about 2 hours to unload the moving van and drop it off at the rental center, I arrived at the property office to get my keys. Then, I was told by the same Marje Christy that she didn’t remember the phone call, and was “confused” by the check I sent. I told her that was what was on the lease, and tried to show her the paragraph I quoted above. She cut me off and said “we aren’t understanding each other.”. I didn’t have time to argue. She said she needed the rest of the money before she would give me my keys. So I paid it then. I would like your help in getting the balance of it, $1102.50. 2) We had some trouble with getting mail delivered. It took us three months to get any of the mail. According to the USPS, Pastore had never told Erie city that they had built new apartments here, and I ended up having to call the post office address center. I was told that tenants should NEVER have to do this. I would like some compensation for the time and and trouble. Half a month’s rent would be sufficient. 3) This last is a problem in progress. I want to get some help with it before it becomes a big problem. Due the hard financial times - and having less money in savings that we expected because of the first problem - we are living paycheck to paycheck and plan bills accordingly. The check we had planned on for rent in August was a day late. So the check bounced. It did eventually go through, according to the bank. It certainly isn’t in our bank account and the bank, Vystar, said they had a cancelled check saying it went through. They mailed that to Pastore. They also mailed out our September rent, plus the applicable late fees. Pastore is saying they received the late fees and the September rent but not the August rent. They also haven’t received the cancelled check that proves we sent it. I have sent out another $735 to cover September since they used September’s rent check to cover August’s. But I don’t have the money to also pay October’s now. Pastore should get the cancelled checks that prove it’s not us on Monday. I want to know if we are still liable because they didn’t get a check we paid, and how we can prove that we did pay August’s rent and don’t have to pay it over again. Thank you very much for your attention to these issues! Maria Heyssel 206 451 7432 lilfaerhie@hotmail.com


LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Renter Oct 11, 2013 184.56.160.201 The move-in costs at the beginning were not on the lease, so it doesn't matter what other paperwork it was on. The lease even says this. "this lease represent the final and complete agreement between the Landlord and Tenant. Any oral or written promise or representations made by either party prior to the signing of this lease and not included in the lease are not enforceable" - Section 22, Entire Agreement. That means that only the amount of money on the lease and no other amount of money can be charged. If you have a legal authority who can show that the meaning of that clause is not what I think, I will be happy to read it over. As far as the address, I will concede that point. And can get the October rent to Pastore before 10/15, and will put the copies of the information from the bank in the mail tomorrow. We can discuss them when they arrive at the office. It is not my intent for this to be contentious. I was told that Pastore and myself were not understanding each other, and I agree with that assessment. So, the next logical step is to engage a third party to talk about this through. I hope to come to a fair and speedy resolution for all parties.

Renter Oct 11, 2013 184.56.160.201 Explain why you can't accept / Offer Alternative Resolution.

Landlord Oct 9, 2013 74.219.104.106 Offer an Alternative Resolution.


INVESTIGATING AGENT - REMARKS (19)
Agent Date Response
SYSTEM May 6, 2014 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 May 5, 2014 The case has received a disposition of: 'Unresolved' Neither party was able to reach an agreement or resolution.

SYSTEM Oct 9, 2013 Email Sent to Tenant: The RPA Servers have sent an email to the tenant showing the new proposed resolution offered by the landlord. The tenant has been instructed on how to accept, or reply to the new proposal. Pending update from tenant.

SYSTEM Oct 9, 2013 TENANT RESPONSE DEADLINE: The Tenant is being provided with 3 days to respond to the new proposed resolution.

SYSTEM Oct 9, 2013 ALTERNATIVE RESOLUTION BY LANDLORD: The Landlord; Marje Christy has offered the tenant an alternate resolution. The resolution purposed is: 1. 1. Apt is $735 per month. Initially when tenants applied they gave a ck for $245. (45 for credit check and $200 to go towards the security deposit) We sent them a welcome letter stating they owed $535 - balance of the security deposit, $735 May 2013 rent (rent is good from May 15th thru June 14, 2014- one month) and $735 last months rent in advance - April 2014 (rent will go from April 14, 2014 thru May 14, 2014), Total due is $2005.00. On $5/13/13 we received a ck 1074 for $911.50. We took this from the $2005 due leaving a balance of $1093.50. When they moved in we expected the balance before would could give them the keys and paperwork. They complied, we gave them the keys, etc. We will not refund them any money back on this. 2) Bounced check info. 9/3/13 Stephenson pays Aug rent of $735.00 19 days past due. 9/6/13 Receive a check for $20 - late fee for Aug rent. 9/13/13 Aug rent check for $735 bounces. 9/13/13 unable to reach tenant via phone, leave a pink tag on door asking them to call us. Roommate calls and said they will issue another check and the 20nsf fee. 9/16/13 Receive a ck for $20nsf. 9/20/13 Leave message with roommate again that we don't have Aug rent yet. 9/23/13 receive a ck for $735. Notify roommate that we have a ck and will put it towards Aug rent as it is not yet paid. (Rent is now 1 month, 8 days late for August. 9/26/13 Receive a ck for $20 late fee for September rent. We don't have Sept rent yet. 10/3/13 Receive another ck for $735. and apply it to September rent (18 days past due). Thru out this time we have spoken cordially with the tenant. She has relayed to us that this is a bank error and that they will be sending us paperwork to confirm this. We have never received any thing from the bank and show in our records that October rent is due on 10/15/13. I believe they feel that it had been paid, but have not shown a bank statement or something from the bank showing that the money has come out of there account 3 times for the month of August. As for item with the mail. When you begin to build you have to get permits and have anything approved before hand. The Post Office has to approve the numbers that will be assigned to a new building before hand. What they do with that information in house can not be controlled by us. We can not compensate them.

Explanation: 1. no refund on initial money paid at move in. 2. Acknowledge that Aug and Sept rent is paid. Oct rent of $735 will be due on October 15th. 3. no compensation for the post office

SYSTEM Oct 8, 2013 LANDLORD RESPONSE PAST DUE: The Landlord has failed to respond to the complaint by: October 07, 2013 .The Landlord will be provided a grace period of 3 additional days to respond. CASE IS PENDING LANDLORD RESPONSE.

SYSTEM Oct 8, 2013 PAST DUE RESPONSE: The Landlord or Manger has FAILED to respond by the deadline set within the complaint notice.

SYSTEM Oct 7, 2013 PENDING LANDLORD RESPONSE: The complaint case is still pending a response from the Landlord or Manager. The landlord has been requested to respond by end of the day. Case pending update from the landlord or manager.

SYSTEM Sep 30, 2013 Delivery Estimate: The complaint notice sent to Marje Christy 23-3033 Erie, Pennsylvania should have arrived or will arrive within 24 hours.

SYSTEM Sep 30, 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 Sep 30, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: October 06, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-3033 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Sep 30, 2013 LANDLORD / MANAGER MAILING: Complaint Notice is being delivered to:
Marje Christy
2315 West Grandview Blvd
Erie, Pennsylvania 16506

USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 42064491

SYSTEM Sep 30, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-3033.

SYSTEM Sep 30, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation.

SYSTEM Sep 30, 2013 Complaint Accepted by RPA and is pending further processing.

SYSTEM Sep 28, 2013 An email confirmation was sent to the tenant at 09-28-2013 13:52:53. The email included a confirmation of the complaint filing, case number, and pin.

SYSTEM Sep 28, 2013 CONFIRMATION OF COMPLAINT: A complaint about Deposit problems, rental payment, address has been filed pertaining to 23-3033 or Marje Christy located in Erie, Pennsylvania 16506. Case is pending mailing confirmation.

SYSTEM Sep 28, 2013 Complaint 23-3033 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.