Landlord Complaint Record: #23-3048

Maplewood Apartments    |    Monica    |    COLORADO SPRINGS    ,    Colorado 80906    Landlord Complaint 23-3048


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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 : 23-3048 Filing Date : Sep 30, 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 Renter Sep 30, 2013
Taken on September 24th. Infected bite.
upload Kept Private Renter Sep 30, 2013
Taken on September 24th. Infected bites.
upload Kept Private Renter Sep 30, 2013
Taken on September 10th. Approx. 9 bites pictured.
upload Kept Private Renter Sep 30, 2013
Taken on September 10th. Approx. 9 bites pictured.
upload Kept Private Renter Sep 30, 2013
Taken on September 10th. Approx. 9 bites pictured.
upload Kept Private Renter Sep 30, 2013
Taken on September 8th. Over 25 bites pictured.
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 : Monica RENTER : Kept Private
Property Name : Maplewood Apartments      
Address : 420 E. Brookside St. #2 Address : Kept Private
City, State - Zip : COLORADO SPRINGS, Colorado - 80906. City, State - Zip : COLORADO SPRINGS, Colorado - 80905.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach of Implied Warranty of Habitability
Fair Resolution according to renter :
  1. Heat Extermination services in my unit to eliminate preexisting Bed Bug infestation.
  2. Refund of $300 deposit.
  3. Reimbursement of RPA fees, laundry costs, bed bug extermination supplies purchased, days of work missed.
  4. Release from lease agreement.

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

COMPLAINT DETAILS (from renter)

When I moved into my apartment on June 1st, 2013, there had been no mention of the preexisting bed bug infestation. After I found a dead tick in my bathroom on the second day, the apartment manager (Monica) told me that Global Pest does a bi-weekly preventative spray. So for almost three months, I cooperated with the spraying preparations, moving my furniture away from the walls, laundering my bedding and keeping them in plastic bags in my kitchen for 24 hrs, etc. On Aug. 30th, I experienced my first Bed Bug bites, and on Sept. 2nd, inspected my mattress and found over 20 bugs and eggs. I collected them with a piece of clear tape and sealed them in, and on Sept. 3rd I showed them to Monica. I showed her the bites on my legs and arms (now over 25 of them) and asked about scheduling a spray for my apartment. I let her know that I had the next two days off. For a full week, I did not hear anything from Monica. During that time, I sprayed rubbing alcohol, sprayed "JT Eaton Kills Beg Bugs II", vacuumed and laundered religiously, and I was still getting bit. On the 7th, I found through some research that Deltamethrin, the pesticide in JT Eaton, is a neurotoxin, and I stopped spraying it. On Sept. 11th, I went to the office and Monica gave me a flyer stating that Global Pest would be spraying on the 14th. I told her about everything I had done, that it wasn't working, and asked about getting out of my lease. She said she would look into it, but that I would probably have to pay a penalty. I called Sam at Global Pest and asked what pesticide he uses to spray for bed bugs, and it was the same (Deltamethrin) that was in JT Eaton, only at a higher concentration. I was uncomfortable with that being sprayed in my unit, but decided to cooperate anyway. A few days after Global Pest sprayed on the 14th, I was still being bit. I mailed a written notice to Monica and to the Paramount Group on the 22nd stating that after all the spraying, the bed bugs were still in my unit. After further research, I found that 88% of all bed bug populations in the U.S. have developed a mutation that makes them immune to Deltamethrin. I talked to Monica about using Heat Extermination (the only sure method), and her response was to schedule another spray. The bugs are not going away, and my bites are infected and scarring. I'm losing sleep, work, money, and sanity. I want to leave, but I do not want to carry the bed bugs with me. Please help me. My next step is to contact a lawyer.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Oct 8, 2013 172.56.6.42 1.I came to Monica about the bed bugs at the end of August, not in July. She told me they had begun having problems with bed bugs before she came to Maplewood in May of 2013. It does not matter what floor has bed bugs in a complex because they can, and do, travel through vents, outlets, and can simply walk down the hall and up the stairs. Heat extermination is the normal course of action for people who are serious about getting rid of bed bugs.
On the 25th of Sept., I asked Monica if she had received my letter in the mail. She said she was trying to figure out scheduling. I mentioned the ineffectiveness of Deltamethrin, and proposed using Heat Extermination, which is the only reliable method of bed bug elimination. She said the maintenance guy there had a different kind of bed bug spray that I could look at, so I did. It did not contain Deltamethrin, so I let them spray my apartment with it, even though doing so unless you are a professional is not recommended because it can cause the bugs to scatter, making them more difficult to eliminate.
The following day there was a handwritten notice from Monica on my door, saying that Global Pest would be spraying my unit on Saturday, the 28th.
On the 27th, I typed a letter addressed to Monica, and hand-delivered it to her in her office at Maplewood Apartments. In the letter, I thanked her for taking the time to schedule a spraying, but that I did not want the pesticide Deltamethrin sprayed in my apartment. I stated what I had mentioned to her before about the immunity in a large majority of Bed Bugs, and that this method of eradication was obsolete. I included an excerpt from Wikipedia, and links so she could read more about it. I mentioned that I was eager to hear back from the management regarding this issue. I was never contacted. I have a copy of this letter.
After spraying for 5 months with no result, I concluded this method was ineffective, and stated that I would no longer be cooperating with spray preparations. I said that if the bed bug problem persisted, I would be leaving Maplewood. Since this was a preexisting issue, and was not mentioned to me prior to signing the lease, Maplewood was in breach of the Implied Warranty of Habitability Act. I then described Heat Extermination, and included a link to a company that specializes in this type of pest control.
Although I have not found any new bugs for over 3 weeks, I have continued being bit. I am now sleeping on a cot in the middle of my studio.
Landlord Oct 7, 2013 71.34.142.81 I received your mailings this morning, both the Certified Letter and the regular mailing. Ms. Perez moved into her apartment on June 1, 2013. The last occupant had moved out on April 24, 2013. The company does contract spraying on a monthly basis, as a multi-unit, this is highly encouraged by local entities for health and safety issue. Ms. Perez reported to me and showed me the bit marks on her legs in July, prior to the monthly scheduled spraying. Prior to Ms. Perez's complaint, no other Resident had shared with me that they had a bed bug problem in any other apartment on the second floor where Ms. Perez's apartment is located. The company continued to exterminate monthly as our contract outlined. Initially, Ms. Perez did indeed cooperate with the scheduled spraying, and has to date refused two scheduled and one special/ specific spray I requested on her behalf for September 28, 2013. This heat method is rather cost prohibitive and not the normal course of action. I have responded to you to comply with the deadline of 7 pm on October 7, 2013. Once I have had the opportunity to confer with my Supervisor, we will submit a full reply. Thank you, Monica Mays-Davison, Property Manager, Maplewood Apartments.

INVESTIGATING AGENT - REMARKS (20)
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 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 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 Oct 3, 2013 Delivery Estimate: The complaint notice sent to Monica Maplewood Apartments COLORADO SPRINGS, Colorado 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 # 23-3048 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:
Monica
420 E. Brookside St. #2
COLORADO SPRINGS, Colorado 80906

USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 42065581
SYSTEM Sep 30, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-3048.
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 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 New image uploaded by Tenant.
SYSTEM Sep 30, 2013 An email confirmation was sent to the tenant at 09-30-2013 15:43:38. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Sep 30, 2013 CONFIRMATION OF COMPLAINT: A complaint about Breach of Implied Warranty of Habitability has been filed pertaining to 23-3048 or Monica located in COLORADO SPRINGS, Colorado 80906. Case is pending mailing confirmation.
SYSTEM Sep 30, 2013 Complaint 23-3048 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.