Landlord Complaint Record: #20-2266

Clark Properties    |    Jonathan Miller    |    EVANSVILLE    ,    Indiana 47713    Landlord Complaint 20-2266


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CASE CLOSED RESOLVED Jan 27, 2012


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



Case Number : 20-2266 Filing Date : Dec 6, 2011
Investigating Agent : Kept Private Case Disposition : Resolved
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 : Jonathan Miller RENTER : Kept Private
Property Name : Clark Properties      
Address : ONE MULBERRY PLACE Address : Kept Private
City, State - Zip : EVANSVILLE, Indiana - 47713. City, State - Zip : WENTZVILLE, Missouri - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : APARTMENT WAS FILTHY, DIRTY AND UNLIVABLE. ALSO HAD MOLD. TOOK PHOTOS.
Fair Resolution according to renter :
  1. I WANT MY $550.00 BACK (DEPOSIT AND RENT). REIMBURSE FOR RPA FEES.

RENTAL DETAILS
Address               :   1 MULBERRY PL
City, State - Zip   :   EVANSVILLE, IN - 47713 1747.

COMPLAINT DETAILS (from renter)

I HAVE A LETTER FROM CLARK PROPERTIES STATING THAT THEY WERE KEEPING DEPOSIT SINCE CODY DECIDED NOT TO COMPLETE LEASE OBLIGATION TERM ENDING AUGUST 2012 BUT IT WAS TO DISGUSTING TO LIVE THERE................... AND ALSO I HAVE PICTURES OF HOW DIRTY THE APARTMENT WAS.

LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response
Landlord Jan 5, 2012 68.179.177.34 Cody was initially emailed the original pictures taken immediately after the previous tenant vacated 1211 Lincoln Apt E. An application was submitted and approved by the office. Cody was encouraged to view the property, in person, by the individual who sent the pictures, but did not make any arrangements to do prior to signing a lease. Cody was aware the order was placed to turn on electricity, but the local power company had yet to complete the order. Furthermore, at the lease signing, Cody’s manager insisted he move in his belongings prior to our cleaning/painting crew being able to prepare the apartment (no power). The lease was executed and Cody received keys. He placed furniture in the kitchen area to allow the crew to clean the carpet once the power was turned on. The property manager visited Cody in person and walked through the apartment. The stove, fridge, and wall above the stove were not able to be cleaned (furniture in the way), the bathroom shower head had some hard water calcium build up, and there were a few nail holes in the wall. The only mold was a small amount of surface mold in the freezer from the power being off and the door shut. The condition of the apartment was not “unlivable”. Immediately following the walk through arranged to address all of Cody’s complaints, he was offered rent proration for the delay in cleaning and touch-up paint. Although Cody admitted to the property manager that all the complaint items were resolvable, he did not want to do business with the company because of his “initial impression”. All items of complaint were immediately remedied and the unit marketed for rental. A letter was sent within the 45 days required by Indiana law, including a partial refund of rent. The deposit was retained per the lease agreement for early termination. In summary, the accusation of the place being “filthy, dirty and UNLIVABLE” is a gross over exaggeration. The same move out pictures Cody saw will be uploaded. A “bad initial first impression” is not a legal reason to break a binding rental contract, especially considering Cody knew the power was NOT on and the unit had NOT been cleaned prior to moving in furniture. His concerns were addressed in a timely manner and his decision to default on a legally binding contract unnecessary. The unit was immediately marketed aggressively, rented, and partial rent was returned to Cody. He is not entitled to a deposit return per the lease agreement.

INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
Agent Jan 27, 2012 NO FURTHER RESPONSES: The agent has provided more than reasonable time for additional responses or updates. This case is now closed.
Agent Jan 6, 2012 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 Dec 8, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: December, 16, 2011 by 7pm
Agent Dec 8, 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 Dec 8, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Dec 8, 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 Dec 8, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Dec 8, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Dec 8, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.