Landlord Complaint Record: #20-0548

Avalon at Grayrock place    |    Avalon Communities    |    Newark    ,    New Jersey 7101    Landlord Complaint 20-0548


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CASE CLOSED UNRESOLVED May 5, 2010


UNRESOLVED COMPLAINT: Despite mediation efforts; neither party could reach an agreement that was accepted by the other party.
 



Case Number : 20-0548 Filing Date : Mar 31, 2010
Investigating Agent : Kept Private Case Disposition : Unresolved
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.
upload Kept Private RPA Mailing Center The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.
upload Kept Private RPA Mailing Center This is the 3rd and final notice that was sent to the landlord/ manager. This is the final attempt / notice to request an immediater resolution to the complaint. I has been processed for mailing.

LANDLORD / MGR : Avalon Communities RENTER : Kept Private
Property Name : Avalon at Grayrock place      
Address : P O Box 11920 Address : Kept Private
City, State - Zip : Newark, New Jersey - 7101. City, State - Zip : Fairfield, Connecticut - 06825.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Dispute over Damages
Fair Resolution according to renter :
  1. Refund $900 of damages collected from me towards carpet replacement

RENTAL DETAILS
Address               :   50 Forest Street
City, State - Zip   :   Stamford, Connecticut - 6901.

COMPLAINT DETAILS (from renter)

I rented with Avalon from the period of 01/27/2009 to 12/21/2009. I signed a 1 year lease and paid all the rents on time always. In January I received the settlement statement in which i was charged for $1180 for carpet replacement. Immediately I filed for a dispute with Avalon. The avalon dispute specialist was unwilling to resolve the dispute and said they stand by the charge and it cannot be waived. They are now threatening to forward it to a professional debt collector and report to credit bureaus. I'm disputing the carpet replacement charge due to the following reasons: 1) The inspection of the property happened after I vacated the apartment. I had requested for the inspection on 12/18/2009 and wanted to be present during the same. Avalon conducted the inspection in my absence on 01/15/2010. They did not confirm my availability or shared the report of the inspection even when they had all my contact details. This is a total surprise. 2) In the final statement they write that the carpet was left in bad shape and needed replacement. There were no stains or burns to the carpet. It was only 11 months old (as they tell me that it was new when i moved in) and could be easily cleaned just by a professional carpet cleaner. The dispute specialist at Avalon confirms that the decision to replace the carpet was entirely made by the local community and they dont have any much information on that. 3) A chronic leakage problem near the laundry area caused damage to the carpet around the laundry area. Avalon did not replace the damaged carpet around that area, but just choose to dry it with a high intensity blower which was left in my apartment for 2 days. The dispute specialist was not willing to discuss this problem. Overall it was a very one-sided decision for which I was asked to pay a huge amount. In believe that the inspection should have happened on the date I requested or I should have been contacted before deciding to replace the carpet. It frustrating to resolve a dispute where the other party is unwilling to give any justification for their decisions. I would request RPA to please look into this issue and help me resolve the dispute. Please feel free to contact me for additional details. I can provide all the email communications which I had with Avalon.

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Apr 27, 2010 62.190.10.139 I completely honored my lease agreement by paying the rent for all 12 months. I had signed the lease for only 12 months. The landlord is incorrect here when he/she mentions that I have resided for less than 12 months. "Returning the apartment in the same condition it was given" is a very open-ended statement. No mention of guidelines regarding carpet replacement has been mentioned in the lease agreement. Nothing in the pictures tell me that the carpet could not have been cleaned by a professional carpet cleaning company. Can the landlord provide the evidence that carpet cleaning was done before replacement? Based on what, the decision to replace the carpet taken? I was told by the landlord before that such a decision is entirely with the local community. That's why I'm asking for only $900 out of $1180. The local community did not conduct the inspection on the date I requested for. Neither did they give me an opportunity to clean the carpet before replacing it. If the decision to replace the carpet is entirely the local communities discretion, then the renter should not be held liable for this. Any justification about this from the landlord? The landlord here does not even mention the carpet damage which happened due to the laundry leakage. I get a sense that it is being ignored intentionally. Finally, to protect any harm to my credit history I have already made the payment on March 26th 2010. But I still continue to dispute these charges and I'm looking to be reimbursed for $900. So, I request the landlord to please refund my money at the earliest.
Landlord Apr 27, 2010 68.225.85.58 Mr. Parvatikar was a resident at Avalon at Greyrock Place for a period of less than 12 months. Per both Lease agreement and Security Deposit agreement, apartment is supposed to be returned in same condition given, less normal wear and tear. The carpet was heavily stained and bathrooms dirty. These are the damages for which Mr. Parvatikar is being charged. In addition, Mr. Parvatikar’s Security Deposit was only $500 plus Interest in the amount of $6.68. His suggested solution of a refund of $900 has no basis. The total damage charged was $1350.08. Please use link below to see pictures regarding the damages, use the account number CT015-001-821-3 when prompted. I also included the Invoice for Carpet Replacement as an “Upload File”. As a courtesy I can offer to add a Customer Service Credit to account in the amount of $200. That will make the total balance due $580.47. This will be honored if payment of $580.47 is received by 5/15/10. Website for Damage Pictures (CT015-001-821-3) http://my.avalonbay.com/website/2009pictures.nsf Address to send payment Customer Care Center 2901 Sabre Street Suite 100 Virginia Beach. VA 23452 Or call for payment over the phone (877) 282-6246 Thank You, Julia

INVESTIGATING AGENT - REMARKS (13)
Agent Date Response
AGENT #204 May 5, 2010 Mediation attempts were made, however, no resolution was agreed upon. CASE CLOSED
Agent May 5, 2010 UNRESOLVED: Both parties feel justified in their arguments. This case will be considered unresolved as neither party has been willing to mediate an alternate solution. Case Closed.
Agent May 5, 2010 CASE CLOSED DUE TO INACTIVITY: Agent has made request to both parties concerning the case. Neither party has responded within a reasonable time-frame. Due to the lack of response the agent has no choice but to close the case.
Agent May 5, 2010 MANAGEMENT JUSTIFICATION: Management has provided proof of damage via pictures as requested. Management remains firm that the charges are completely justified and owed as per agreement.
Agent Apr 26, 2010 LANDLORD RESPONSE: Landlord has contacted the agent to request an extension. Agent has responded with a 3 business day extension. Pending response.
Agent Apr 15, 2010 EXPECTED DELIVERY: It is expected that management has received the first class mailing of this notice. Management is now provided with 3 full business days to respond. Pending Response...
Agent Apr 8, 2010 TENANT EMAILS: The tenant can upload copies of the email communications by clicking on the Upload File button located at the top of the status page.
Agent Apr 8, 2010 PENDING DELIVERY AND RESPONSE: Case is pending a response. Landlord has been provided with 3 business days following delivery to respond.
Agent Apr 8, 2010 MEDIATION NOTIFICATION PREPARED: Agent has prepared a Mediation Notice that will be mailed with the Bonded Copy of the case.
Agent Apr 8, 2010 CASE REVIEW: Agent has reviewed the case and is preparing a written notice of mediation.
Agent Apr 8, 2010 CASE ACCEPTED: Agent has accepted the case and is pending a review for mediation.
Agent Apr 8, 2010 CASE ASSIGNED: Agent S. Paxton ID#204 has been assigned to mediate this case. Pending Case Acceptance...