Landlord Complaint Record: #20-1561

Fountain Park Apartments    |    BRENDA    |    San Jose    ,    California 95129    Landlord Complaint 20-1561


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CASE CLOSED FORCE REQUIRED Jun 28, 2011


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



Case Number : 20-1561 Filing Date : May 18, 2011
Investigating Agent : Kept Private Case Disposition : Force Required
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 : BRENDA RENTER : Kept Private
Property Name : Fountain Park Apartments      
Address : 1026 S. De Anza Boulevard Address : Kept Private
City, State - Zip : San Jose, California - 95129. City, State - Zip : santa Clara, California - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Asbestos Contaminaion
Fair Resolution according to renter :
  1. Refund, and damages paid for all furniture, beds, bedding, clothes, and everything in apartment, due to asbestos exposed..

RENTAL DETAILS
Address               :   1016 S DE ANZA BLVD APT E107
City, State - Zip   :   SAN JOSE, CA - 95129 2712.

COMPLAINT DETAILS (from renter)

Plumbers, not professional asbestos specialist cut approx 12 inch by 12 inch hole or larger in my studio ceiling above my bed. Put plastic on some things like me bed, and couch a couple feet away. Put paper on hole for overnight. Everything in my apartment has now been contaminated to asbestos. Seeking payment for everything in my apartment. Thank you greatly for your help!

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Jun 19, 2011 76.103.100.81 Final Statement- I called the pluming company to let them know that my ceiling was cut by them, even though they are not asbestos specialist. The owner asked to meet with me the next morning, and Bob the maintenance man for the apartment. The owner told Bob and I that my ceiling didn't contain asbestos. I informed him that upon moving in, I signed the contract to the apt saying that there is asbestos, and that the appropriate measures were not taken when they cut into my asbestos ceiling. So I went to the office and got the asbestos report for the complex and there is asbestos in the ceilings, on the report it says do not disturb the asbestos ceiling in anyway. And continues on to say, that even when painting use an air sprayer, not a roller so that you don't even touch the ceiling. John the painter for the complex uses rollers for the ceiling, as I have seen him painting the apartment next to mine. I called Nancy at the corporate office because when I called Vicky at my apartment complex, she said I need to speak with Nancy from now on. I called Nancy, and she never called me back, just like she did when I first called to complain. I then called the owner Kirby, to let her know what was happening and Kirby left me a message saying that she is sure all specifications have been followed. I recieved a letter from Brenda/property manager apt saying that BenchMark was hired by them to do an asbestos air report in my apartment( a week and a half after the accident). I have tried for over a couple of weeks, calling Nancy(who won't even return my calls), my apartment complex office, and Benchmark, and none will allow me to view or have a copy of the air report. I have not lived in my apartment since the accident on May 17th. I lost almost everthing I own, due to this calamity.

INVESTIGATING AGENT - REMARKS (12)
Agent Date Response
Agent Jun 28, 2011 LANDLORD UNWILLING: The landlord has been unwilling to address this complaint and respond in a reasonable manner. The Agent has no choice but to close the case. The tenant will need to seek further legal options as mediation is no longer applicable.
Agent Jun 16, 2011 FINAL RESPONSE PERIOD: Agent is providing both parties with 1 week to create final statements. Agent will review statements to determine if further mediation is applicable.
Agent Jun 16, 2011 LANDLORD REFUSAL: Despite repeated attempts both written and verbal, the Landlord/ Manager has refused to respond to the complaint. Due to the landlords refusal to cooperate with RPA Mediation, the RPA has no choice but to close this case. The tenant will need to seek other legal options such as court.
Agent Jun 2, 2011 FOLLOW-UP CALL: Agent has contacted the landlord to request an immediate response. Agent has informed management that a written notice was already mailed and has past the alloted response time-frame. Agent has requested an immediate response, within the next 3 business days. Pending Response...
Agent Jun 2, 2011 PAST DUE RESPONSE: Landlord has been provided with a reasonable time-frame to respond but has not. Agent will follow-up with management to request an immediate response.
Agent May 20, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: May 30, 2011 by 7pm
Agent May 20, 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 May 20, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent May 20, 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 May 20, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent May 20, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent May 20, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.