Landlord Complaint Record: #20-1363

Mark Houtsma    |    Englewood    ,    Colorado 80110    Landlord Complaint 20-1363


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CASE CLOSED RESOLVED Mar 22, 2011


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



Case Number : 20-1363 Filing Date : Mar 18, 2011
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code 4 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Mar 20, 2011
A couple of questions and additional information.
upload Kept Private Renter Mar 19, 2011
The Certificate of Service portion of the letter is incomplete and, therefore, I am disputing the legality and validity of the service.
upload Kept Private Renter Mar 19, 2011
The Certificate of Service portion of the letter is incomplete and, therefore, I am disputing the legality and validity of the service.
upload Kept Private Renter Mar 19, 2011
The Certificate of Service portion of the letter is incomplete and, therefore, I am disputing the legality and validity of the service.
upload Kept Private Renter Mar 19, 2011
The Certificate of Service portion of the letter is incomplete and, therefore, I am disputing the legality and validity of the service.
upload Kept Private Renter Mar 19, 2011
After speaking with the property "caretaker" Wallace after I filed the complaint I have further information to add. I was told by Wallace that he was going off complaints by residents which he took as fact because "so and so wouldn't lie to me." I asked him why he assumed that I was lying and he replied "I"m not going to argue with you about this." I'm sorry, being penalized based entirely on hearsay with no corroboration is unfair and unfounded. Further, Wallace told me that EVERY day when he vacuums the stairwell and hallway my television or radio is ALWAYS too loud yet he NEVER once knocked on my door to inform me so I would have the option to remedy the problem. Instead, I was served the demand letter with NO prior notification that I was disturbing others except for 2 days prior to the letter being served. Next, the demand letter states that I was "swearing and cussing with children present." I have never seen any children in the building the entire time I've been here and, again, I was not notified that my voice was too loud and disturbing. I do admit that I have sworn on occasion such as if I stub my toe or watching football games (the season has been over for 2 months) so to be accused based upon unsubstantiated hearsay with intent implied is also unfair and unfounded. Finally, Wallace told me that Mark never once informed him about my complaints so that he could further assist me. Further, I was never told that any and all complaints should be directed toward Wallace and not Mark. Mark himself never told me in all the times I contacted him about my noise complaints. Further, Wallace mentioned that Mark's "patience had run out"; however, as mentioned, I was never notified that a problem existed, was never given any chance to remedy the situation, and served the demand letter with no prior warning. Accordingly, it is, in its entirety, unfounded, unfair, and completely based upon hearsay and I would like it redacted.
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 : Mark Houtsma RENTER : Kept Private
Property Name :      
Address : 2995 S. Acoma St. Unit A Address : Kept Private
City, State - Zip : Englewood, Colorado - 80110. City, State - Zip : Woodland Park, Colorado - 80866.
Phone : Kept Private Phone : Kept Private

COMPLAINT : noisy neighbors and i am being unfairly targeted for trying to get help
Fair Resolution according to renter :
  1. Eradication of "Demand for Compliance" issued to me on 3/17/2011
  2. Landlord taking proactive steps to ensure that the offending parties stop making continuous noise

RENTAL DETAILS
Address               :   115 N PARK ST # 1
City, State - Zip   :   WOODLAND PARK, 0 - 80863.

COMPLAINT DETAILS (from renter)

Ever since I moved into the property in September 2010 I have had problems with the neighbors above me (more than one apartment) making excessive noise with respect to slamming doors, stomping, and dropping items. I have notified the landlord on a number of occasions and he told me that he talked to the offending parties and they said they weren't making noise, yet it continued. I began to tap on my ceiling to get the message across to no avail. A few days ago I received a telephone call from the landlord stating that he was receiving "numerous" complaints about my "banging on the ceiling and the walls." I informed him I was hanging pictures the day in question which accounted for the "banging on the walls" and that I had informed him repeatedly about my noise complaints and that he was doing nothing about it. The next day I received a "Demand for Compliance" to stop banging on the walls/ceilings, to stop using profanity, and for improper disposal of fireplace ashes. The latter allegation was wholly unfounded as he didn't once ask me or talk to me about it. It was subsequently removed from the demand letter. At the present time, the noise problem has intensified yet I am afraid to inform him about the ongoing problem for fear of retaliation. I am also worried that I will be evicted if my television or radio is a little too loud or if I'm having a telephone conversation and raise my voice at all and someone complains about me.

LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response

INVESTIGATING AGENT - REMARKS (8)
Agent Date Response
Agent Mar 22, 2011 CASE RESOLVED: The tenant has contacted the RPA and stated that the landlord has resolved this complaint. Case Closed.
Agent Mar 19, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: March 28, 2011 by 7pm
Agent Mar 19, 2011 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 Mar 19, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Mar 19, 2011 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 Mar 19, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Mar 19, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Mar 19, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.