Landlord Complaint Record: #21-8049

Pegasus Apartments    |    Tony Gallo    |    Los Angeles    ,    California 90017    Landlord Complaint 21-8049


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CASE CLOSED MET MINIMUM REQUIREMENT Jan 10, 2013


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



Case Number : 21-8049 Filing Date : May 7, 2012
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 RPA Mailing Center May 9, 2012 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Tony Gallo RENTER : Kept Private
Property Name : Pegasus Apartments      
Address : 612 South Flower Street Address : Kept Private
City, State - Zip : Los Angeles, California - 90017. City, State - Zip : Los Angeles, California - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Bed Bugs, Lease Termination due to Warranty of Habitability
Fair Resolution according to renter :
  1. Allow me out of my lease early without penalty, so I can afford to store furniture, have it treated effectively and move.

RENTAL DETAILS
Address               :   612 S FLOWER ST APT 415
City, State - Zip   :   LOS ANGELES, CA - 90017 2807.

COMPLAINT DETAILS (from renter)

In September 2011, I complained to management that we had bed bugs. They fumigated but refused to notify neighbors or do anything beyond spraying with chemicals, which has not been effective. After 7 months, 3 treatments, several hundred dollars of cleaning expenses and furniture replacement, the bugs are still an issue. On April 13, 2012 I notified my apartment that I intended to move. It was only after I expressed my intentions, that they began to notify neighbors and explore heat treatments. My new furniture is now effected and my daughter's school is expressing concern over the amount of bites she has.I just want out of the apartment now so I can dispose of effective furniture and keep my children safe.

LANDLORD / TENANT RESPONSES (9)
From Date IP Address Response
Landlord May 24, 2012 67.106.80.75 Ms. Bravo has been informed that she is being held to the terms and conditions within her lease agreement, and is rent-responsible through the end of her lease, regardless of whether she hands in her keys earlier than the lease-end date. We will attempt to re-lease Ms. Bravo's apartment as soon as she turns in keys (or turns in a early NTV form). Rent payment in full for June will still be due on June 1, with a grace period through end of business day on June 4th. Rent payments made after the 4th, or a balance greater than $100 on Ms. Bravo's account after the 4th, will be subject to a late fee, as stated in her lease.
Landlord May 24, 2012 67.106.80.75 Explain why you can't accept / Offer Alternative Resolution.
Renter May 24, 2012 199.107.45.222 1.5/24/12 at 1:40 p.m.: I have the signed copy of the NTV and will scan the copy to Tony Gallo this afternoon. I am not comfortable with the blank sections that have not been filled out, so I have crossed this portion out and initialed. Please contact me via email if you have any concerns.
Renter May 24, 2012 199.107.45.222 I have an attorney reviewing the Notice to Vacate and will revert back with any questions or comments soon. As planned, I will turn in all keys on June 1, 2012.
Renter May 24, 2012 199.107.45.222 Explain why you can't accept / Offer Alternative Resolution.
Landlord May 23, 2012 67.106.80.75 Once we receive Ms. Bravo's Notice to Vacate, we will actively start to help her by trying to rent her unit to new Residents as soon as possible, with no guarantees that it will be rented sooner than her expiration date. As of today, Ms. Bravo is rent-responsible for June 2012. If we can rent it to new Residents in June, Ms. Bravo will only be rent-responsible for the number of vacant days in June. We have already consulted with our attorneys and they have advised us that Ms. Bravo is indeed obligated to fulfill her lease.
Landlord May 23, 2012 67.106.80.75 Explain why you can't accept / Offer Alternative Resolution.
Renter May 23, 2012 199.107.45.222 1.I received the NTV and it only leaves choices for me to agree to a penalty or pay the rent until the unit is rented. I do not agree to these terms.
Renter May 22, 2012 199.107.45.222 I will sign the letter to vacate, but I do not believe I should be responsible for any remaining portion of my lease. I have no other choice but to consult an attorney at this time.
Renter May 22, 2012 199.107.45.222 Explain why you can't accept / Offer Alternative Resolution.
Landlord May 22, 2012 67.106.80.75 1. We just learned of another resident experiencing issues 3 weeks ago. This was not brought to our attention before that time. The resident handled this issue herself, apparently unaware that we provide most pest control service as a courtesy. She and her Dr. at that time thought she had spiders and that is what we were treating her apartment for. Ms. Bravo has gone on record saying this has been a problem since October of last year. This was the only case of bed bugs Pegasus has ever experienced at that point and up until the most recent resident came forward 3-4 weeks ago. Furthermore, Ms. Bravo's adjacent neighbor, and the neighbor next to hers do not have any bed bugs according to 2 different experts. Both experts still state that Ms. Bravo brought the bed bugs in to her home. They also say that the 2 cases are unrelated. We are unable to release Ms. Bravo from her legal obligations. We have acted diligently and consistently in this matter, spending over $3000 in treatments for her. Ms. Bravo informed us she intends to hand in keys on June 1st, approx 30 days before her lease is up. We informed her last week that she would still be rent-responsible for June's rent. However, we told her if she could come to the office and fill out an official NTV now, we would do out best to re-rent her apartment ASAP, in an effort to have her rent obligation eliminated (if we can find another renter to move in June, Ms. Bravo would only be responsible for the vacant days). Ms. Bravo stated she would be in the following day but we never heard from or saw her. Last, the experts were out here yesterday and confirmed there are no bed bugs in her apartment and that the issue has been resolved. The heat treatment appears to have solved this issue.

Explanation: We are unable to fulfill the Resident's request, but the alternative solution of attempting to re-rent her apartment for her (with no guarantees) as soon as she fills out the Notice To Vacate form, is available for her.
Landlord May 22, 2012 67.106.80.75 Offer an Alternative Resolution.
Renter May 18, 2012 199.107.45.222 1.UPDATE: On 5/17/12 PCC#2 treated an apartment on my same floor, Unit 420. I spoke to my neighbor, Briana Kusher and she stated that she also has bed bugs and has complained to the Pegasus Management for more than 4 months now. This latest news proves that Mr. Gallo presented a false statement to the RPA, when he wrote "there have been no reported cases of Bed Bugs in neighboring units, on her floor, or anywhere else on the Property." I again am requesting that I be released from my lease early without penalty.
Renter May 11, 2012 199.107.45.222 I have never refused service. On one occasion, Orkin (PCC#1) left because he said our closets were not empty even though this was not on the instructions provided by the Pegasus, and on another occasion I canceled the night before because I had been sick for several days and could not prepare or leave the house. I left a message with the property manager the day before and PCC#1 never received it. I was told that they would follow-up and this never happened. Since PCC#2 has been contracted, I have followed all instructions and made my unit available whenever Pegasus has requested. In fact, PCC#2 has told me and the Pegasus that the bed bug issue continued because fumigation alone is unsuccesful. It is recommended by all sources that a combination of fumigation (with chemicals) and heat treatments must be done. I should mention, that for the last 6 months I have insisted that they have not treated the problem correctly. I also question how I brought the bed bugs when I have lived here for 2 years with no issues and could suddenly encounter the problem. We have not stayed anywhere else, altered any part of our routine, or heard of any outside reported problems with bed bugs. I would like to see documented proof from both PCC companies that I brought the bed bug problem and if so, by what means.
Renter May 11, 2012 199.107.45.222 Explain why you can't accept / Offer Alternative Resolution.
Landlord May 10, 2012 67.106.80.75 Pegasus is, unfortunately, unable to release Ms. Bravo from her lease due to this issue. We have documented responses to her issues in a timely and efficient matter each and every time she has come forward with concerns. On several occasions, Ms. Bravo refused or turned away the exterminator or was unprepared at the time treatments were scheduled, even though she had been given a week's notice for each treatment. It is the opinion of our experts that this is why it has been so difficult for us to help resolve her problem Furthermore, it is the opinion of two different experts from two different extermination companies, that Ms. Bravo brought this issue to the Pegasus, as there have been no reported cases of Bed Bugs in neighboring units, on her floor, or anywhere else on the Property. Today, May 10th, she is receiving the recommended heat treatment for the issue from a reputable and professional extermination company.
Landlord May 10, 2012 67.106.80.75 Explain why you can't accept / Offer Alternative Resolution.

INVESTIGATING AGENT - REMARKS (17)
Agent Date Response
SYSTEM Jan 11, 2013 OFFICIAL COPY OF COMPLAINT: An official copy of the complaint has been requested by the tenant and mailed out by the nearest mailing center. The tenant should receive the copy of complaint within 3 days.
SYSTEM Jan 10, 2013 The case has been resolved as 'Met Minimum Requirement'.
SYSTEM May 9, 2012
Please respond to complaint within 2012-05-16.

SYSTEM May 9, 2012 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 21-8049.
SYSTEM May 9, 2012 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord
SYSTEM May 9, 2012 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.
SYSTEM May 9, 2012 EMAIL TO TENANT: The system has sent an email to the tenant. The email included a copy of the complaint as filed by the tenant.
SYSTEM May 9, 2012
Your Complaint 21-8049 has been accepted by RPA system.Now it is in process.

SYSTEM May 7, 2012 Complaint has been field.