Landlord Complaint Record: #20-1149

Macek Properties    |    Great Falls    ,    Montana     Landlord Complaint 20-1149

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

Case Number : 20-1149 Filing Date : Dec 17, 2010
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code 4 Landlord Response : Case Closed

Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Landlord Jan 3, 2011
RE: Case #20-1149 Stacey Smith

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 : Macek Properties RENTER : Kept Private
Property Name :      
Address : 104 2nd St S # 100 Address : Kept Private
City, State - Zip : Great Falls, Montana - . City, State - Zip : Woodinville, Washington - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach of lease/didn't repair main heat source
Fair Resolution according to renter :
  1. To let me out of lease as MT state law allows and let them keep all moneys including deposit. No litigation.

Address               :   1001 10th St SW
City, State - Zip   :   Great Falls, Montana - 59401.


Letter received from rental agency stating that I had sufficient heat. Which I did not as the wall heater did not warm the whole house. Without space heaters water would freeze in kitchen. The agency stated the owner did not have to fix within 14 days as they interpreted the state code. The code is well written and states that you must fix it within 14 days or else the lease is broken. The agency did have repair people in home that stated it needed to be replaced. When it is -21 outside supplemental heat does not work to keep house warm enough to keep pipes from freezing. The agency said owner needed time to get bids and financing for the replacement/repair. They had after almost a month finally got financing and were going to replace heater I believe it was Nov 29 or 30th. I received an eviction notice after I had already vacated the premises (Nove 22, 2010) and moved to WA state where I have family to live with as I could not afford to live in MT anymore as I had no more work there.

From Date IP Address Response
Landlord Jan 3, 2011 The owner of this property is not willing to release Stacey Smith from her obligations on this lease. The owner was willing to release Stacey ONLY in the event that he could not secure financing for a new gas space heater. The owner was able to secure financing and Stacey vacated the home anyways due to loss of her job. She came to Great Falls, Montana to start employment with the County. She was required to obtain a State of Mt. driver's license within 30 days of her employment and she failed to do so. She was terminated as a result. Stacey was fine with allowing the owner time to research all of his options until such time as she lost her job. When the existing gas space heater was deemed unsafe, Macek Property Management offered Stacey three portable space heaters to use. She decided she only needed two. This home has electric baseboard heaters in the two bedrooms, the bathroom and the family room area which is adjacent to the open kitchen area. The owner agreed to reimburse Stacey for her electric bills during this time frame. Our interpertation of the Law is that we do not have to completely resolve and/or correct the issue within 14 days. We must acknowledge the issue, notify the owner immediately and take the necessary steps to correct the situation as soon as possible. This is exactly what we did. We do not have authority to authorize a repair of this magnitude when the costs for the space heater alone was over $2,200.00. The owner authorized this repair prior to Stacey vacating. I have already uploaded copies of e-mails back and forth from our office to the tenant. You should have those on file

Agent Date Response
Agent Jan 19, 2011 NO FURTHER RESPONSE: The tenant has been provided with more than reasonable time to respond to the landlords response and has not.

Agent Jan 4, 2011 TENANTS RIGHT TO RESPOND: The tenant has right to respond to the response made by the landlord. Agent will review the response to determine if further mediation is applicable to this case. Agent will allow one week for the tenant to respond. Pending tenants response...

Agent Jan 4, 2011 LANDLORD RESPONSE: Landlord has responded to the complaint. Landlord states that the tenant terminated lease early due to loss of employment. Landlord also states that they reasonably responded to the heat issue and provided alternate heating during the repair.

Agent Dec 24, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: January 3, 2011

Agent Dec 24, 2010 EXPECTED LANDLORD RESPONSE: Written notice is being mailed to the landlord and expected to arrive in 3 business days. Following delivery the landlord will have 3 business days to respond. Pending landlord response.

Agent Dec 24, 2010 MAILING PREPARED: Agent has prepared case for mailing.

Agent Dec 24, 2010 COMPLAINT NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...

Agent Dec 24, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.

Agent Dec 24, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.

Agent Dec 24, 2010 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.