Landlord Complaint Record: #23-3151

Southpoint Investment Properties, LLC    |    Eric Poirier    |    Punta Gorda    ,    Florida 33951    Landlord Complaint 23-3151


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CASE CLOSED MEDIATION REFUSED May 5, 2014


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



Case Number : 23-3151 Filing Date : Oct 15, 2013
Investigating Agent : Kept Private Case Disposition : Mediation Refused
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Nov 15, 2013 The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.

LANDLORD / MGR : Eric Poirier RENTER : Kept Private
Property Name : Southpoint Investment Properties, LLC      
Address : P. O. Box 511102 Address : Kept Private
City, State - Zip : Punta Gorda, Florida - 33951. City, State - Zip : Bradenton, Florida - 34207.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Refusal To Return Security Deposit
Fair Resolution according to renter :
  1. Refund $660 Security Deposit

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

COMPLAINT DETAILS (from renter)

I obtained a new job in July, 2013 that was 35 miles from my rental duplex and needed to move to be closer to work. I discussed this with my landlord when I got the job since I would be leaving before the end of the lease and there was no language in the rental agreement about leaving the property early and then again when I decided I did need to move in August 2013. He emailed me some options and then told me other options over the phone. Finally, he asked me for a 30 day notice which I gave him. The effective date of the 30 day notice was October 10, 2013. The September rent had been paid. Then he asked me if I could be out of the property before the end of September. My new landlord did let me move in early so I agreed to be out before the end of September. My last day in the property was September 25, 2013. I left the property clean with no damage. The new tenant took occupancy on October 1, 2013 and is paying a higher rent than I was paying. The landlord has had no loss in income or occupancy due to my leaving the property before the end of my lease. Now he is refusing to return my security deposit and is wanting me to pay rent until the end of my lease which is January 2014.

LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Landlord Nov 19, 2013 208.163.215.97 Explain why you can't accept / Offer Alternative Resolution.
Renter Oct 20, 2013 108.9.30.26 My response to Eric’s options was this I did not choose an option. I simply gave my 30 day notice. Eric, Here is my 30 day notice. I will definitely be out by October 10, 2013. Thank you, Becky This was Eric's response. HE chose an option, not me. Date: Wed, 11 Sep 2013 08:11:45 -0700 From: eypoirier@yahoo.com Subject: Re: Good news, bad news You have selected option 2. Please confer as I will set up paper work spelling out what we tacked about. Will need you to sing off on paper work and get it back to me. Will be out 9-12-13 after 12 noon to place for rent sign on property. What time and days can you show unit. thank you Eric This was my next response: I work Monday through Friday in Sarasota. I get off work at 5:00. I am usually home by 6:30. I can show the unit after I get home during the week and in the afternoon hours on the weekends. I prefer a day's notice for an appointment in case I do need to stop somewhere after work. Thanks Eric, Becky In addition, no paperwork was signed saying that I "signed off" on the arrangement. The tenants rights information for Florida says that it is a requirement that the landlord MUST return the full amount of the deposit within 15 days. "If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within (15) days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won't be returned within thirty (30) days after the tenant leaves the dwelling."
Renter Oct 20, 2013 108.9.30.26 Explain why you can't accept / Offer Alternative Resolution.
Landlord Oct 16, 2013 208.163.215.97 Explain why you can't accept / Offer Alternative Resolution.

INVESTIGATING AGENT - REMARKS (38)
Agent Date Response
SYSTEM May 5, 2014 REFUSED RESOLUTION: The Landlord or Manager has REFUSED to resolve this complaint. The RPA has made beyond reasonable efforts to work with the Landlord / Manger to find a resolution to the complaint. Management has refused all reasonable measures to resolve this complaint. Due to the unwillingness from management , the RPA has no choice but to close this case with a negative disposition. Case Closed.
SYSTEM Nov 19, 2013 FINAL 3 DAY RESPONSE PERIOD: The RPA is providing a 3 day response period for additional updates by either party. The tenant may at their discretion offer an alternative resolution. Pending further updates.
SYSTEM Nov 19, 2013 Email Sent to Tenant: The RPA has sent an email to the tenant showing managements explanation as to why they can't accept the tenants resolution or provide an alternative resolution.
SYSTEM Nov 19, 2013 LANDLORD UNABLE: According to the response made by Eric Poirier, management is not able to accept the tenant proposed resolution, nor are they able to offer an alternative. This case will be documented as Refused to Mediate.
SYSTEM Nov 19, 2013 LANDLORD EXPLANATION: The Landlord Eric Poirier cannot accept the tenant's resolution nor provide an alternate resolution as per the statement provided: Good day to you, I have given Becky Jarrett the fallowing options and she selected moving out and paying a termination fee of $655 with no need to pay any more rent and move out any time she wants. See now wants to change her mind with the deal she made. What if it took me two months to rent unit, I could not ask her for more rent. I was the one who tock on all the risk, I could have lost months in rental income. This is what she wanted. See email I sent her and she approved . Becky, As we talked last time. You can end your lease. Your Options are, 1.You Help me re rent unit. After we find a new tanent I will void out old lease and refund your deposit, you keep paying rent till I find new tenant. Unit must be clean and move in ready. The way I gave it to you. 2. Move out and pay termination fee of $655.00, as soon as you give me notice I will start to show it. Unit must be clean and move in ready when you move out. The way I gave it to you. You Must Give me a written notice 30 days for either of this options. So if you want to be out by October, lets start showing it now. I can start ad asap. You will help me to show it wright. call with any questions This is what we talked about last time. This is the policy I use with every one. Have been using it for last 10 years. Eric
SYSTEM Nov 15, 2013 FINAL RESPONSE DEADLINE: A final response deadline has been set for: November 22, 2013 by 7:00pm. This final deadline provides the landlord a final written opportunity to respond to the complaint. The landlord is being provided with 3 days for delivery and 3 days to respond. Case 23-3151 is pending final notice and response from landlord.
SYSTEM Nov 15, 2013 2nd MAILING CONFIRMATION: The landlord has failed to respond to the first written notice and deadline. This is the 2nd and Final Notice being mailed to the landlord. The 2nd Notice is in transit and expected to arrive within 3 days. (2nd Notice and Final Notice)
SYSTEM Nov 15, 2013 FINAL COMPLAINT NOTICE PRINTED: A final complaint notice has been created, printed and sent to the nearest mailing center for immediately delivery to the landlord.
SYSTEM Nov 15, 2013 FINAL MAILING REQUIRED: The Landlord has failed to respond to this complaint by the reasonable time-frame provided. Due to the Landlords failure to respond; the RPA will prepare a final written notice. Pending Confirmation of Final Notice.
SYSTEM Nov 13, 2013 LANDLORD RESPONSE PAST DUE: The Landlord has failed to respond to the complaint by: November 12, 2013 .The Landlord will be provided a grace period of 3 additional days to respond. CASE IS PENDING LANDLORD RESPONSE.
SYSTEM Nov 13, 2013 PAST DUE RESPONSE: The Landlord or Manger has FAILED to respond by the deadline set within the complaint notice.
SYSTEM Nov 12, 2013 EMAIL TO LANDLORD: The RPA has sent an email reminder to Eric Poirier in request for an immediate response to the complaint. Pending Landlord/ Manager Response.
SYSTEM Nov 12, 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 Nov 5, 2013 Case 23-3151 is re-opened by System.
SYSTEM Nov 2, 2013 Email Confirmation Sent to Landlord: The RPA has sent an email confirmation to the landlord to explain that the tenant has closed the complaint. The RPA is no longer mediating the complaint.
SYSTEM Nov 2, 2013 Confirmation Email Sent to Tenant: A confirmation email has been sent to the tenant about the requested case closure.
SYSTEM Nov 2, 2013 The tenant has closed this case. The RPA will no longer be accepting responses to this complaint.
SYSTEM Nov 2, 2013 CASE CLOSED BY TENANT: The complaint has been closed by the tenant and will no longer be handled by the Rental Protection Agency. Case has been dropped.
SYSTEM Nov 2, 2013 CASE DROPPED: As per the tenant's right; they have chosen to drop this case. No further responses will be accepted. The tenant has requested that the RPA drop the case. The tenant has also agreed that their filing fees are forfeited, regardless of their decision to drop the case early.
SYSTEM Nov 2, 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 Nov 2, 2013 REFUSED RESOLUTION: The Landlord or Manager has REFUSED to resolve this complaint. The RPA has made beyond reasonable efforts to work with the Landlord / Manger to find a resolution to the complaint. Management has refused all reasonable measures to resolve this complaint. Due to the unwillingness from management , the RPA has no choice but to close this case with a negative disposition. Case Closed.
SYSTEM Nov 2, 2013 No Further Updates: There have been no further updates by either the landlord or tenant for 7 days. This case is now closed.
SYSTEM Oct 16, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: October 22, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-3151 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
SYSTEM Oct 16, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-3151.
SYSTEM Oct 16, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord
SYSTEM Oct 16, 2013 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.
SYSTEM Oct 16, 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 Oct 16, 2013 Complaint Accepted by RPA and is pending further processing.
SYSTEM Oct 16, 2013 FINAL 3 DAY RESPONSE PERIOD: The RPA is providing a 3 day response period for additional updates by either party. The tenant may at their discretion offer an alternative resolution. Pending further updates.
SYSTEM Oct 16, 2013 Email Sent to Tenant: The RPA has sent an email to the tenant showing managements explanation as to why they can't accept the tenants resolution or provide an alternative resolution.
SYSTEM Oct 16, 2013 LANDLORD UNABLE: According to the response made by Eric Poirier, management is not able to accept the tenant proposed resolution, nor are they able to offer an alternative. This case will be documented as Refused to Mediate.
SYSTEM Oct 16, 2013 LANDLORD EXPLANATION: The Landlord Eric Poirier cannot accept the tenant's resolution nor provide an alternate resolution as per the statement provided: Good day to you, I have given Becky Jarrett the fallowing options and she selected moving out and paying a termination fee of $655 with no need to pay any more rent and move out any time she wants. See now wants to change her mind with the deal she made. What if it took me two months to rent unit, I could not ask her for more rent. I was the one who tock on all the risk, I could have lost months in rental income. This is what she wanted. See email I sent her and she approved . Becky, As we talked last time. You can end your lease. Your Options are, 1.You Help me re rent unit. After we find a new tanent I will void out old lease and refund your deposit, you keep paying rent till I find new tenant. Unit must be clean and move in ready. The way I gave it to you. 2. Move out and pay termination fee of $655.00, as soon as you give me notice I will start to show it. Unit must be clean and move in ready when you move out. The way I gave it to you. You Must Give me a written notice 30 days for either of this options. So if you want to be out by October, lets start showing it now. I can start ad asap. You will help me to show it wright. call with any questions This is what we talked about last time. This is the policy I use with every one. Have been using it for last 10 years. Eric
SYSTEM Oct 15, 2013 The RPA server has sent an initial email complaint notice to Eric Poirier Southpoint Investment Properties, LLC concerning the Complaint filed by the tenant: Refusal To Return Security Deposit. The email address was provided by the tenant at the time of filing.
SYSTEM Oct 15, 2013 An email confirmation was sent to the tenant at 10-15-2013 23:35:47. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Oct 15, 2013 CONFIRMATION OF COMPLAINT: A complaint about Refusal to Return Security Deposit has been filed pertaining to 23-3151 or Eric Poirier located in Punta Gorda, Florida 33951. Case is pending mailing confirmation.
SYSTEM Oct 15, 2013 Complaint 23-3151 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.