Landlord Complaint Record: #23-5012

Deerwoods Real Estate    |    John Smidt    |    Denver    ,    Colorado 80216    Landlord Complaint 23-5012


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CASE CLOSED RESOLVED Dec 12, 2014


RESOLVED! This complaint has been resolved. Landlord acted professionally by providing a fair and prompt resolution.
 



Case Number : 23-5012 Filing Date : Oct 17, 2014
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Nov 6, 2014 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : John Smidt RENTER : Kept Private
Property Name : Deerwoods Real Estate      
Address : 510 E. 51st Ave Ste 203 Address : Kept Private
City, State - Zip : Denver, Colorado - 80216. City, State - Zip : Aurora, Colorado - 80010.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach Of Agreement
Fair Resolution according to renter :
  1. Landlord Honor Agreement, Discount Of Rent For Inconinieces

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

COMPLAINT DETAILS (from renter)

I have address many issues with my Landlord John Smidt concerning the unprofessional behaviors of his staff and the refusal to repair my apartment in a timely manor. The managert Evett entered my home without my permission, and without notice while I was in the shower and saw me naked. After I reported this to John he did nothing, he told me "tell your lawyers to contact me" in a very arrogant smug tone. Since then I have documented the managers Simona refuse to make repairs on my home. They had one entrance blocked of for a month which was against fire code. The staff refused to repair my wall in a timely manor, it took them over a month, I had to withhold my rent until they completed repairs to motivate them. The managers refused to send someone to shampoo my carpet after it was flooded due to their negligence and refusal to complete plumbing work. I had to wait two months when I asked to have my apartment sprayed for spiders. The managers refused to send someone to fix the plumbing in my bathtub when the drain was clogged, Simona had a man contact me who was extremely hostile. I filed a complaint with the BBB against him and his company, Simona the manager refused to contact anyone else forcing me to pay to have the drain unclogged. I asked John to place a security chain, peep hole and weather strip on my door. It has been three weeks and I am still waiting for someone to complete the repair. John told me they were short staffed. When I call the office the women are extremely rude, sometimes they avoid my calls entirely I have to call over and over before they will finally pick up. When I moved in I was told by the manager Evett that a dishwasher would be installed, this never happened. When I asked Evett about it she told me she couldn't do it. When I moved in I was not told the security door did not work properly. (There is an intercom system and key-less entry that is not working) I asked the manager Evett about this she said sorry and that they would have it working soon. It has been almost a year and the system is still not working. I was told all it needs is a dedicated phone line and it would work fine, but the managers refuse to fix this problem. It is a big problem when I receive mail from UPS or other carriers because they cannot get in the building, also when I have guest. The security door is being propped open durin the day posing security risks to myself and other tenants, also I get spam mail on my door. Unauthorized vehicles are parked

LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Landlord Nov 12, 2014 71.229.190.187 Offer an Alternative Resolution.
Renter Oct 28, 2014 209.191.162.19 John has made false statements throughout this response. The first starts when Ivett entered my home, yes she called me while I was in the shower, yes she knocked on my door while I was in the shower. Because I was in the shower I could not answer my phone or door, this did not give her the right to enter my home per our rental agreement and state laws. The carpet company only extracted the water from my carpet they did nothing about shampooing the carpet to get the horrible smell out, I was forced to purchase carpet cleaner and scrub the carpet myself. The company never attempted to call me or knock on my door, I left my cell number for them to call me to retrieve the blower and no one contacted me until that day Ivett entered my home without my permission while I was showering. Next John falsely stated that he apologized for Ivett entering my home violating our rent agreement and my rights, he made no apology and was very rude and arrogant. I made no mention of hiring an attorney at that time, John told me have your attorney call me when I advised him my Lease had been violated. Next John had the stairwell closed off for nearly a month it was not just 5 days it was nearly 27 days. During this time, their maintenance installed a huge piece of wood duct taped to my wall to cover up the hole, this hole was not repair and painted for about 45 days. When I called about pest control, I was advised someone would contact me. After several notifications to Simona the manager it took two months for an agent to finally call me. The Company DrainGene contacted me in regards to my bathtub drain. The agent was extremely rude and hostile and even threatened me I advised Simona of this, I also filed a complaint with the BBB about his company. I advised John I did not want this man in my home because of this, and to please find someone else. John refused to send someone else, I was forced to purchase Draino which did not really fix the problem. When I moved in Ivett did promise a dishwasher, John is making more false statements. There is a policy that only one car per household can be parked in the parking-lot, this is not being enforced, I have notified the managers numerous times that unauthorized vehicles are being parked and they refuse to tow the vehicles or do anything about it. I have never called his office and been rude to anyone I have never called anyone stupid or anything like that. Simona hung up on me when I was reading the email back to her because she didn't read the email properly and missed an entire paragraph. It has been a month now and I still have not had a peep hole installed and no security chain. I requested this after the manager Ivett entered my home, this is not unreasonable, saying she completely violated the agreement that we made. The fact that this was not installed when I moved in is irrelevant. I have emailed two times and I was told the Maintenance was too busy to perform the work. Also on two occasions I was left a demand on my door to move my vehicle less than 12 hours or it would be towed. This is not proper notice to request such things, and if I was away or out of town like I usually am I would have had to pay to get my car out of the impound. The reason why tenants are propping the security door open is because the intercom system and keyless entry is still not working. If maintenance would fix this the tenants would not prop the door open but they refuse. It is a huge problem when receiving any kind of delivery, food, mail, guest and more... I have reported all these infractions in a respectable manor and have recorded all emails for proof. I made John aware of all these violations, not to try and get anyone in trouble or cause any problems, no I did this because I deserve as an American to be treated with respect, dignity and my lease enforced as per state laws. This has not been the case, my lease has not been broken it has been SHATTERED, I had to withhold rent one month to motivate Deerwoods to make repairs because they refused to do it in a timely manor. I still have been respectful and willing to resolve, I requested a meeting with John in person so we could work everything out. John refused to meet with me, he has now sent me a retaliation letter stating he wants me to move out by November 30th 2014 because I have been diligent about reporting all these infractions against my lease. I have always paid my rent on time, except for the month I had to withhold because they would not repair. I never have had crazy parties, domestic violence, drugs or anything of that nature. When I spoke to John I treated him with respect, there is no reason for him to now refuse to renew my lease other than his now retaliation against me for holding his company accountable. Every tenant in my building has been given the opportunity to renew their lease this year except me. It was told to me by Ivett when I moved in that Deerwoods would always give the Tenant first access to the new lease, so why is it different when it comes to me? Deerwoods has violated just about every renters rights I have, and now is further discriminating against me, forcing me to move out during the holiday season when I should be spending time with my family. I do not except this resolution and unless Deerwoods allows me to renew my lease and complies with the terms and conditions I will pursue this matter to one hundred percent of the law.
Renter Oct 28, 2014 209.191.162.19 Explain why you can't accept / Offer Alternative Resolution.
Landlord Oct 20, 2014 71.229.190.187 Explain why you can't accept / Offer Alternative Resolution.

INVESTIGATING AGENT - REMARKS (39)
Agent Date Response
SYSTEM Dec 12, 2014 CASE RESOLVED: This complaint has is now closed with a disposition of RESOLVED.
SYSTEM Nov 12, 2014 Email Sent to Landlord: The RPA has sent a confirmation email to the landlord with their proposed resolution. Pending Update from tenant.
SYSTEM Nov 12, 2014 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 Nov 12, 2014 TENANT RESPONSE DEADLINE: The Tenant is being provided with 3 days to respond to the new proposed resolution.
SYSTEM Nov 12, 2014 ALTERNATIVE RESOLUTION BY LANDLORD: The Landlord; John Smidt has offered the tenant an alternate resolution. The resolution purposed is: Response to complaint made by Michael Farrow: Regarding the apartment entry by our Manger: The tenant’s unit experienced a kitchen drain backup that necessitated a cleanup. The Property Manager had to enter the tenant’s unit to retrieve a carpet dryer fan, left by the water extraction vendor, to finish the drying process. The Manager (Ivette) had called the tenant’s (Mr.Farrow) cell phone numerous times and knocked on his door multiple times prior to entering his unit to retrieve the fan. The carpet company had made several previous attempts to retrieve the fan on their own accord but Michael would not return their calls. I spoke with Mr. Farrow after this took place and he would not discuss the matter in a calm tone. I did apologize for what took place but he wanted something more and said he was going to contact an attorney. I advised him that if he is going to hire legal counsel that I could no longer discuss the matter with him and his attorney could contact our offices. It was further found that the main sewer line was broken and needed repairs. We were forced to cut out concrete in the common area of the hallway at the stairwell to replace the broken drain line. The stairwell was not closed for 30 days as Mr. Farrow has claimed. Three units were affected, including Mr. Farrow’s unit, and all were instructed to not use their kitchen sinks until the issue was resolved. Underground sewer line breaks by nature are unexpected and uncontrollable. We acted as fast as possible to get 3 separate sections cut and repaired within 5 days. The stairwell was still closed for about week as we still had to replace the concrete and also the carpets in that section. There was a hole in Mr. Farrow’s wall that was left open until the line could be checked for proper operation. It was promptly repaired once the drain was confirmed operational. Regarding carpet cleaning: His carpet did have the water extracted and was cleaned as evidenced from the blower fan the carpet company had placed in his unit post-cleaning. Please see above comments. Regarding pest control: Mr. Farrow had informed us of a pest issue. Effective pest abatement requires the tenant to coordinate with the pest control vendor. We contacted our preferred vendor, Alchemy Pest Solutions and gave them his contact information so that they could schedule an appointment. They tried to contact Mr. Farrow numerous times and received no response. After 3 unsuccessful contact attempts they assumed the issue had been resolved. When Mr. Farrow informed us weeks later that they had not come to service his unit we contacted the vendor again. They were able to reach him on the fourth attempt and serviced his unit, which we paid for. Mr. Farrow also mysteriously claimed that the spiders started entering his unit after we installed new shrubs outside his window. The shrubs in question have been installed at the property for more than 5 years and we have not installed any new plantings during his tenancy. There was also no evidence of spiders entering his unit. Regarding the bath drain: We obviously did not refuse to send someone out to clean the bathtub drain as he claims our vendor did contact him. The vendor in question contacted me after talking with Mr. Farrow and said that Mr. Farrow was extremely rude and would not give him his name or where he lived right away because he thought our vendor should simply know who he was. My vendor said that when he was ready to reasonably discuss the situation and schedule the repair, for Mr. Farrow to call him back. Mr. Farrow never called him back. We have used this specific vendor for multiple years and have only had positive feedback from other tenants/clients and he knows our buildings and conducts business in a very professional manner. Regarding the requested unit upgrades: Mr. Farrow rented the unit as is with no peephole or security chain. I sent Mr. Farrow 2 options for door security items which he could purchase from Amazon for a minimal expense; Mr. Farrow said they would not be sufficient. The weather strip was installed by the Mr. Farrow himself. The entry doors are interior entrances, not exterior, and weather strip is not required by the city of Aurora and is not necessary on interior entrance doors. I told Mr. Farrow that our maintenance technician would attempt to repair the weather strip on his door as it shifted during a repair we made to his entry door. With regards to his request for a peephole, I approved this request as I felt it was a reasonable accommodation. Mr. Farrow contacted us via late night email to request the repair; he then called our office less than 4 hours after our office opened the following day angry that we had not responded to his request. We strive to respond to non-emergency matters within 48 hours. He was very rude to our office manager and implied that she was stupid, so she disconnected the call. My office then contacted Mr. Farrow to see if he could accommodate an afternoon install for the peephole for that same day. He emailed us that evening around 11:30pm to advise that we could enter the next week to install the peephole. I would prefer to have the tenant home during any future repairs and the week in question our maintenance tech who had the materials in his truck was out sick. With the request being a non-emergency item, we postponed the repair until his return which we will be scheduling this week, if Mr. Farrow can accommodate a time. Regarding the dishwasher: Mr. Farrow was never told that a dishwasher could be installed in the unit. The units were completely upgraded 7 years ago and dishwashers were not installed nor was there any discussion to do so. There are no dishwashers in any of the units within the building. As for the security doors, we cannot control what other tenants do by propping open the doors. We are working on the issue with recommendations from a door company and advising other tenants to please leave the entry doors closed. At this time I am unsure what resolution he is seeking. We have conducted repairs and have agreed to install a peephole in his unit door. Also, his complaint ends with “unauthorized vehicles are parked” so I am unsure if I am viewing the entire complaint.
SYSTEM Nov 12, 2014 EMAIL TO LANDLORD: The RPA has sent an email reminder to John Smidt in request for an immediate response to the complaint. Pending Landlord/ Manager Response.
SYSTEM Nov 12, 2014 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, 2014 Case 23-5012 is re-opened by System.
SYSTEM Nov 3, 2014 The RPA server has sent an initial email complaint notice to John Smidt Deerwoods Real Estate concerning the Complaint filed by the tenant: Breach Of Agreement. The email address was provided by the tenant at the time of filing.
SYSTEM Nov 3, 2014 An email confirmation was sent to the tenant at 11-03-2014 22:33:54. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Nov 2, 2014 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, 2014 Confirmation Email Sent to Tenant: A confirmation email has been sent to the tenant about the requested case closure.
SYSTEM Nov 2, 2014 The tenant has closed this case. The RPA will no longer be accepting responses to this complaint.
SYSTEM Nov 2, 2014 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, 2014 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, 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 Nov 2, 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 2, 2014 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 31, 2014 No Further Updates: No further updates have been provided. This case will be closing following an additional 3 day extension for updates. Pending case updates.
SYSTEM Oct 28, 2014 The RPA server has sent an initial email complaint notice to John Smidt Deerwoods Real Estate concerning the Complaint filed by the tenant: Breach Of Agreement. The email address was provided by the tenant at the time of filing.
SYSTEM Oct 28, 2014 An email confirmation was sent to the tenant at 10-28-2014 15:02:33. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Oct 20, 2014 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 20, 2014 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 20, 2014 LANDLORD UNABLE: According to the response made by John Smidt, 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 20, 2014 LANDLORD EXPLANATION: The Landlord John Smidt cannot accept the tenant's resolution nor provide an alternate resolution as per the statement provided: Response to complaint made by Michael Farrow: Regarding the apartment entry by our Manger: The tenant’s unit experienced a kitchen drain backup that necessitated a cleanup. The Property Manager had to enter the tenant’s unit to retrieve a carpet dryer fan, left by the water extraction vendor, to finish the drying process. The Manager (Ivette) had called the tenant’s (Mr.Farrow) cell phone numerous times and knocked on his door multiple times prior to entering his unit to retrieve the fan. The carpet company had made several previous attempts to retrieve the fan on their own accord but Michael would not return their calls. I spoke with Mr. Farrow after this took place and he would not discuss the matter in a calm tone. I did apologize for what took place but he wanted something more and said he was going to contact an attorney. I advised him that if he is going to hire legal counsel that I could no longer discuss the matter with him and his attorney could contact our offices. It was further found that the main sewer line was broken and needed repairs. We were forced to cut out concrete in the common area of the hallway at the stairwell to replace the broken drain line. The stairwell was not closed for 30 days as Mr. Farrow has claimed. Three units were affected, including Mr. Farrow’s unit, and all were instructed to not use their kitchen sinks until the issue was resolved. Underground sewer line breaks by nature are unexpected and uncontrollable. We acted as fast as possible to get 3 separate sections cut and repaired within 5 days. The stairwell was still closed for about week as we still had to replace the concrete and also the carpets in that section. There was a hole in Mr. Farrow’s wall that was left open until the line could be checked for proper operation. It was promptly repaired once the drain was confirmed operational. Regarding carpet cleaning: His carpet did have the water extracted and was cleaned as evidenced from the blower fan the carpet company had placed in his unit post-cleaning. Please see above comments. Regarding pest control: Mr. Farrow had informed us of a pest issue. Effective pest abatement requires the tenant to coordinate with the pest control vendor. We contacted our preferred vendor, Alchemy Pest Solutions and gave them his contact information so that they could schedule an appointment. They tried to contact Mr. Farrow numerous times and received no response. After 3 unsuccessful contact attempts they assumed the issue had been resolved. When Mr. Farrow informed us weeks later that they had not come to service his unit we contacted the vendor again. They were able to reach him on the fourth attempt and serviced his unit, which we paid for. Mr. Farrow also mysteriously claimed that the spiders started entering his unit after we installed new shrubs outside his window. The shrubs in question have been installed at the property for more than 5 years and we have not installed any new plantings during his tenancy. There was also no evidence of spiders entering his unit. Regarding the bath drain: We obviously did not refuse to send someone out to clean the bathtub drain as he claims our vendor did contact him. The vendor in question contacted me after talking with Mr. Farrow and said that Mr. Farrow was extremely rude and would not give him his name or where he lived right away because he thought our vendor should simply know who he was. My vendor said that when he was ready to reasonably discuss the situation and schedule the repair, for Mr. Farrow to call him back. Mr. Farrow never called him back. We have used this specific vendor for multiple years and have only had positive feedback from other tenants/clients and he knows our buildings and conducts business in a very professional manner. Regarding the requested unit upgrades: Mr. Farrow rented the unit as is with no peephole or security chain. I sent Mr. Farrow 2 options for door security items which he could purchase from Amazon for a minimal expense; Mr. Farrow said they would not be sufficient. The weather strip was installed by the Mr. Farrow himself. The entry doors are interior entrances, not exterior, and weather strip is not required by the city of Aurora and is not necessary on interior entrance doors. I told Mr. Farrow that our maintenance technician would attempt to repair the weather strip on his door as it shifted during a repair we made to his entry door. With regards to his request for a peephole, I approved this request as I felt it was a reasonable accommodation. Mr. Farrow contacted us via late night email to request the repair; he then called our office less than 4 hours after our office opened the following day angry that we had not responded to his request. We strive to respond to non-emergency matters within 48 hours. He was very rude to our office manager and implied that she was stupid, so she disconnected the call. My office then contacted Mr. Farrow to see if he could accommodate an afternoon install for the peephole for that same day. He emailed us that evening around 11:30pm to advise that we could enter the next week to install the peephole. I would prefer to have the tenant home during any future repairs and the week in question our maintenance tech who had the materials in his truck was out sick. With the request being a non-emergency item, we postponed the repair until his return which we will be scheduling this week, if Mr. Farrow can accommodate a time. Regarding the dishwasher: Mr. Farrow was never told that a dishwasher could be installed in the unit. The units were completely upgraded 7 years ago and dishwashers were not installed nor was there any discussion to do so. There are no dishwashers in any of the units within the building. As for the security doors, we cannot control what other tenants do by propping open the doors. We are working on the issue with recommendations from a door company and advising other tenants to please leave the entry doors closed. At this time I am unsure what resolution he is seeking. We have conducted repairs and have agreed to install a peephole in his unit door. Also, his complaint ends with “unauthorized vehicles are parked” so I am unsure if I am viewing the entire complaint.
SYSTEM Oct 18, 2014 Delivery Estimate: The complaint notice sent to John Smidt 23-5012 Denver, Colorado should have arrived or will arrive within 24 hours.
SYSTEM Oct 18, 2014 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: October 24, 2014 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-5012 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
SYSTEM Oct 18, 2014 LANDLORD / MANAGER MAILING: Complaint Notice is being delivered to:
John Smidt
510 E. 51st Ave Ste 203
Denver, Colorado 80216

USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 0
SYSTEM Oct 18, 2014 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-5012.
SYSTEM Oct 18, 2014 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation.
SYSTEM Oct 18, 2014 Complaint Accepted by RPA and is pending further processing.
SYSTEM Oct 17, 2014 The RPA server has sent an initial email complaint notice to John Smidt Deerwoods Real Estate concerning the Complaint filed by the tenant: Breach Of Agreement. The email address was provided by the tenant at the time of filing.
SYSTEM Oct 17, 2014 An email confirmation was sent to the tenant at 10-17-2014 22:25:34. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Oct 17, 2014 The RPA server has sent an initial email complaint notice to John Smidt Deerwoods Real Estate concerning the Complaint filed by the tenant: Breach Of Agreement. The email address was provided by the tenant at the time of filing.
SYSTEM Oct 17, 2014 An email confirmation was sent to the tenant at 10-17-2014 22:23:28. The email included a confirmation of the complaint filing, case number, and pin.
SYSTEM Oct 17, 2014 CONFIRMATION OF COMPLAINT: A complaint about Breach of Agreement has been filed pertaining to 23-5012 or John Smidt located in denver, Colorado 80216. Case is pending mailing confirmation.
SYSTEM Oct 17, 2014 Complaint 23-5012 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.