Landlord Complaint Record: #23-0224

Park Avenue Apartments    |    Dawn Sauvageau    |    Fargo    ,    North Dakota 58103    Landlord Complaint 23-0224


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CASE CLOSED RESOLVED Mar 4, 2013


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



Case Number : 23-0224 Filing Date : Sep 7, 2012
Investigating Agent : Kept Private Case Disposition : Resolved
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Sep 13, 2012 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Dawn Sauvageau RENTER : Kept Private
Property Name : Park Avenue Apartments      
Address : 555 40th Street South Address : Kept Private
City, State - Zip : Fargo, North Dakota - 58103. City, State - Zip : Fargo, North Dakota - 58103.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Not notified of rent increase, Unlawful rent increase, Threat of eviction
Fair Resolution according to renter :
  1. To stop the harrassment that additional rent is owed and to correct the records that I am pain in full on time.

RENTAL DETAILS
Address               :   4140 4th Ave South, Apartment 1109
City, State - Zip   :   Fargo, North Dakota - 58103.

COMPLAINT DETAILS (from renter)

On September 6, 2011 I signed a 1-year lease term with an option to go month-to-month at the end of the 1-year with Park Avenue Apartments. In order for me to be subject to the increased rental rate, Park Avenue Apartments is required to give me a proper 30-day written notice of the increase prior to the increase being effective. (ND State Law) On June 25, 2012 I received a renewal notice where I was also offered three options to sign a new lease for; 12-months, 6-months, or 60-days. Each of these options had different rental prices associated with them. The letter stated they no longer offered month-to-month leases. I spoke with management and they agreed that I was able to go month-to-month per my existing lease contract. I paid my rent payment on time for September 2012. On September 6th, I received a call from the Property Manager stating I was on the delinquent list because my check was not for the proper amount. Dawn, the Property Manager, stated that my rent had gone up by $40 per the letter that was provided to me on June 25, 2012. After reviewing the letter with her, nowhere in the letter does it state any increase in rent for my month-to-month term. We discussed that I have never been properly notified of a rate increase for my current lease. She stated that my month-to-month rate is the same as the 60-day lease rate that was offered in the letter. I told her nowhere in the letter is a statement that my month-to-month rate has increased. Dawn stated that if I didnít pay the additional $40 that she was going to start the eviction process with the corporate office. I reached out to the corporate office via phone twice and spoke to Mindy. She stated that the property owner, John Adams, received my message and addressed the issue with Dawn. Dawn called me back and stated that they have the right to increase my rent when I revert to a month-to-month term. I stated I completely understood that but the problem is they have to properly notify me of the increase in order to do so. September 6, 2012 is the first time I have verbally heard of this increase for my month-to-month term. Dawn has stated that she will provide me with a written notice of the increase in tent as the law requires. I received a letter dated September 7, 2012 stating that my rent increased by $40 on September 1, 2012 reflecting the month-to-month charges per the renewal letter dated June, 25. The renewal letter does not have month-to-month charges listed.


LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Renter Sep 29, 2012 24.117.131.179 I was told during the dispute that my month-to-month rent was to go up by $40. I was told the month-to-month charge was the same as the 60-day lease fee. The new letter stated is was now going to go up $60. I am confused about the additional $20 increase after being told it would be $40. I am concerned the landlord is retaliating against me because I refused to let them change my rent without proper notification the first time. Retaliationagainst a tennant is illegal and can have serious consequences both punitive and compensatory.

Renter Sep 29, 2012 24.117.131.179 Explain why you can't accept / Offer Alternative Resolution.

Landlord Sep 24, 2012 24.117.138.49 Offer an Alternative Resolution.


INVESTIGATING AGENT - REMARKS (10)
Agent Date Response
SYSTEM Mar 5, 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 Mar 4, 2013 CASE RESOLVED: This complaint has is now closed with a disposition of RESOLVED.

SYSTEM Sep 9, 2012 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: September 15, 2012 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-0224 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Sep 9, 2012 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-0224.

SYSTEM Sep 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 Sep 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 Sep 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 Sep 9, 2012 Complaint Accepted by System

SYSTEM Sep 7, 2012 Complaint 23-0224 has been filed.