Landlord Complaint Record: #20-1949

DCR Properties    |    Darren Roberts    |    Zionsville    ,    Indiana 46077    Landlord Complaint 20-1949


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CASE CLOSED MET MINIMUM REQUIREMENT Oct 17, 2011


REQUIREMENT MET: After mediation it has been determined that the landlord met the minimum requirement for this complaint.
 



Case Number : 20-1949 Filing Date : Sep 6, 2011
Investigating Agent : Kept Private Case Disposition : Met Minimum Requirement
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Sep 15, 2011
The entire landing is almost black....This is another angle of the carpet
upload Kept Private Renter Sep 14, 2011
there are black spots and a deep orange stain on the carpet in the dinning room
upload Kept Private Renter Sep 14, 2011
This is the landing area right above the where the stairs start... The entire area is almost black. We paid for stanley steamer to come out and professionally clean the carpet on 06/27/2011...
upload Kept Private Renter Sep 14, 2011
Stained Red in the carpet and there are little black spots that are all over the carpet.
upload Kept Private Renter Sep 14, 2011
This area also was not painted
upload Kept Private Renter Sep 14, 2011
This area was not touched up or painted as well
upload Kept Private Renter Sep 14, 2011
This shows that the touch painting was not done. Was advised by the land lord prior to move in that all painting and touchup work had been done. Moved in on 06/11/2011.
upload Kept Private Renter Sep 14, 2011
There are a total of 4 wholes in the carpet on the stair case.... Land lord has been made aware of this problem repeatedly....First call about the carpet went to the land lord on 06/12/2011
upload Kept Private Renter Sep 14, 2011
This shows that this place was not painted or touched up prior to us moving in.
upload Kept Private Renter Sep 14, 2011
This is how all of the walls and corners of the apartment look like. This is also how the carpet looks in the corners. Black and in some and in most areas the carpet is matted along the walls
upload Kept Private Renter Sep 14, 2011
Stained Carpet
upload Kept Private Renter Sep 13, 2011
Correspondence between myself and the land lord about the lease agreement.
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 : Darren Roberts RENTER : Kept Private
Property Name : DCR Properties      
Address : 6532 Hunters Ridge North Address : Kept Private
City, State - Zip : Zionsville, Indiana - 46077. City, State - Zip : Indianapolis, Indiana - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach of Agreement to Fix things in Apartment
Fair Resolution according to renter :
  1. To terminate lease mutually without paying 1500.00 dollars to terminate the lease...
  2. Lease terminated on National Tenant Network
  3. Good Rental Verification Letter Given by LandLord....

RENTAL DETAILS
Address               :   6249 LONG CHANNEL LN
City, State - Zip   :   INDIANAPOLIS, IN - 46268 2290.

COMPLAINT DETAILS (from renter)

We moved in on 06/11/2011. Upon moving in the apartment was not cleaned, the carpet was not cleaned, and the dryer did not work properly. We first contacted the landlord on 06/12/2011 to notify him of our findings. At that time we had a lengthy conversation with the land lord about all of the things that were wrong with the apartment. For example, I had to go and clean up the apartment before we could move in. The painting and touchups were supposed to be done prior to us moving in. The touch-up and painting was not done prior to us moving in. At that time we addressed the condition of the carpet with the landlord as well. The carpet is/was very stained, black in some areas, and has a hole on the stair case. We have asked the landlord repeatedly to come over and take a look at the carpet. Our first request was done on 06/12/2011. As of 09/06/2011, the land lord refuses to come take a look at the carpet. The hole still remains in the carpet. The landlord asked for us to get the carpet professionally cleaned. The carpet was professionally cleaned by Stanley Steamer (I have the receipts). Stanley steamer came out and pre-treated the carpet and cleaned the entire apartment. The landlord is refusing to fix things that have been brought to his attention on numerous occasions The land lord has been notified about the carpet (there is a big hole on the stair case), the smoke detector, the air vent in my childrenā??s room, and the shelf in our master bedroom closet. The land lord and myself along with my boyfriend on this lease have had several conversations and I have the documentation as well as photos and the video tape of when we first moved in and how the apartment looked upon move in. We have asked the land lord to end the lease mutually and that we would be out of his property by 10/05/2011. We would pay the rent and late fees that was owed. He would then be free to have someone else rent the place out. The landlord had been previously given permission to have people come and look at the place so that he could rent it out. I spoke to the landlord last on 09/02/2011 and was advised that he was going to charge us 1500.00 dollars to terminate the lease. He advised he needed the 1500.00 dollars to terminate the lease so that he could make the necessary repairs over at the apartment. The land lord has advised that he will make the repairs or replace the carpet once we have moved out.

LANDLORD / TENANT RESPONSES (3)
From Date IP Address Response
Renter Sep 15, 2011 12.192.23.239 ************continued from 09/15/2011*********** I called Mr. Roberts Immediately and left a very detailed message. I called Mr. Roberts again on 06/11/2011 and left another very detailed message about the place, the carpet, the cleaning, and the painting that was not done. We did not finally get Mr. Roberts until 06/12/2011. It was not like Mr. Colbert and I could wait to move in until we talked to Mr. Roberts. Mr. Colbert had already given his notice at his apartment complex and was scheduled to be out of his apartment on 06/10/2011. On top of that we had already schedule the budget rental truck and did not want to be penalized for canceling the scheduled move. In addition, we had friends that were set to help us move that had taken that saturday 06/11/2011 off from work to help us move (all of which Mr. Roberts had been made aware of). What we were advised by Mr. Roberts was that the previous tenants had moved out on 06/02/2011. He advised this would give steve plenty of time to get over there and get the place ready being that steve had been over at the unit the week before the tenants moved to replace the filter in the refrigerator and he felt like there was not going to be alot of work to do. So There was a total of 8 days for the place to ready. Over the numerous converstations that Mr. Roberts and I have had, he was advised that if there was more time that was need ed to get the place ready. Then to please let us know and we could make the necessary arrangements to push the move back.
Renter Sep 15, 2011 12.192.23.239 All of the photos that have been uploaded were taken starting September 13th and 14th of 2011. The carpet still has wholes on the stair case. So the landlords reply on 09/12/2011 stating that the wholes have been fixed on the riser is not accurate as you can see in the pictures attached. Also as of 09/15/2011, the air vent in my childrens room which is not blowing air properly is still not blowing air properly. I have attached pictures of the dirt and the biack that is on all of the air vents throughout the apartment. On 09/02/2011, DCR Properties was advised that we would be moving and that we would be out of the property by 10/05/2011. At this time Darren advised of the option to buy out of the lease. Mr. Roberts had already been given our notice to move. Our notice to move was due to not being able to get things fixed at 6249 Long Channel Lane. Mr. Roberts at this point stated he would be willing to give Mr. Colbert and Myself the option to buy out of the lease. He explained he wanted 1500.00 dollars so that he could replace the carpet, and so that he could reclean, and make the necessary fixtures at the property. As he stated in his response, because of the things that have not been fixed as previously promised (the carpet, the air vent, the painting etc) the unit will not rent immediately. Mr Colbert and I do not feel like we should have to pay for these things to be fixed especially since we have been tenants since 06/11/2011 and the land lord has refused to fix the things that we have brought to his attention. Also on 06/10/2011, I was suppossed to meet with Darren Roberts to do walk thru and make sure everything was ready to go. Mr. Roberts was out taking Flying Lessons so I was left to meet with Steve (his maintenance man). Upon meeting Steve (at 3:30pm) at the property, the cleaning staff has just gotten to the property. Steve was still working at the Unit. I left the property and called Mr. Roberts Immediately. He advised all would be completed on time and that I could come back about 5:00pm at the latest would be 5:30pm and that everything should be done. I advised Mr. Roberts at that time that the cleaning crews vaccum cleaner was broken because they were trying to figure out how to vaccuum while I was at the property. Upon Arriving at the property at approximately 5:45 pm, Nothing had been finished. The property was not clean, the painting had not been done and as stated above the apartment had not been vaccummed.
Renter Sep 13, 2011 12.192.23.239 The information that has been provided by the landlord is not true and I have the documented proof of all of the alleged below. The first call that went to the land lord about the problems in the Unit was on 06/12/2011. The land lord stated that he had the carpet dry cleaned and my self and Mr. Colbert could get the carpet professionally cleaned if we did not like the job that his guy did. It was a mutual agreement to get the carpet clean and have the carpet deductbed from the first months rent. There was was an agreement about the rent being paid past the 5th of July. I called and spoke with the land lord on several occassions to keep him abreast of the situation going on with myself and Mr. Colbert. I was told by the land lord or more than one occassion that he would possibly have something coming open in Meadowlane which is where I previosly rented from the land lord. The land lord and I have never discussed an eviction nor have we ever discussed moving from the property without giving the landlord notice. The land lord was given notification on 09/01/2011 of my wish not to move back to meadowlane. I have that documented email as well. DCR properties has been kept abreast of the entire situation from start to finish. I have all text messages as well as all correspondence between myself and DCR properties about the agreements that have been discussed and the arrangements that have been made. The land lord agreed for the rent to be paid on 09/15/2011. Again we have never discussed or talked anything about an eviction. DCR properties is the one who advised of the option to terminate the lease and what the terms of terminating the lease would be. As of 09/13/2011 The air vent in my kids room, the carpet, and the shelf at 6249 Long Channel lane are still not fixed. The first request for these items were talked about on 06/12/2011 as previously stated. The termination of the lease is not for personal issues, the things that we have asked to be fixed repeatedly have still not been fixed.
Landlord Sep 12, 2011 50.90.6.153 Nichole Staples and Ronald S Colbert moved into the premises and agreed to the premise stature as noted in the lease. Ms Staples called a week later complaining the carpet was dirty, which we allowed a rent credit, ( $850 paid) and she hired stanley steemer to clean the carpet. please note, the unit was cleaned by a company as well as the carpet cleaned profesionaly prior to their move in. The hole in the stairs is less than 1/2" and is in the carpet, on a riser and has been repaired The dryer was corrected within 2 days. The tenants were late the first month in rent payment. Ms Staples advised us that Mr. Colbert had purchased a truck, and that they were breaking up, so she wished to move back into one of our 2 bedroom units. none were available. Julys rent was late, Ms. Staples advised us that Mr. Colbert no longer wished to be with her, and she needed to move. We were contacted by an apartment complex who requested info on Ms. Staples and they were advised that she was on her second month of a 12 month lease. Third month, Ms. Staples has not paid $300 rent from last month, nor $1100 for this month,We agreed to let them avoid eviction by moving, however the unit will not rent immediately. We have requested $1500 to pay for one months rent as well as $500 to cover costs of recleaning, re-leasing and termination costs. We do not intend to replace the carpet. The status currently with Ms. Staples and Mr. Colbert is that they are currently behind in rent by $1400.00 we have reffered this to our attorneys and if we do not recieve full payment ,eviction will be filed by the 16th of September, followed by a damage hearing garnishment provceedings. Please note all maintenance requests are addressed in a timely manner in order of importance. The Landlord is DCR Properties LLC. To be clear, we do not let tenants walk away from a lease unless it is due to a military obligation, costs incurred by walking away due to personal issues on the part of the tenant will be borne by the tenant.

INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
Agent Oct 17, 2011 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.
Agent Sep 20, 2011 REQUEST FOR FAIR SETTLEMENT: It is clear that both parties feel that they are justified in their arguments. However, if we are to resolve this complaint through mediation, we will need to find a fair solution that both parties can agree on. The agent is asking that both parties reconsider their stances and offer a solution that will be fair to all involded. The agent will allow both the tenant and landlord one week to make an offer that would be acceptable. The agent will review the offers to determine if further mediation is applicable. It is the agents hope that both parties will reach an agreement through mediation. Pending one week response period...
Agent Sep 9, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: September 16, 2011 by 7pm
Agent Sep 9, 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 Sep 9, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Sep 9, 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 Sep 9, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Sep 9, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Sep 9, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.