Belgarde Enterprises LLP

I am rejecting this response because:Security deposit is for damage sustained in the unit after the tenant had moved out of the propertyI never signed a lease agreement, nor did I receive access to any property on said premisesThe aforementioned response violates South Dakota Codified Law 43-32-The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modificationCivC 1877, § 260; CL 1887, § 2776; RCivC 1903, § 283; RC 1919, § 353; SDC 1939, § 38.0408.43-22-The lessor may withhold from such deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear exceptedWithin forty-five days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheldSL 1976, ch 267, § 3; SL 1984, ch 281, § As I have never signed a lease, nor taken possession of any property held by Lacrosse, there were no damages done to the propertyBelgrade DBA Lacrosse did stated they were repairing property that was damaged by previous tenantTherefore, the property was not held off the market because of application, but because of previous tenant damages

Thank you

attached are email correspondence regarding these matters, the tenant ledger and our work order history - this information has already been discussed with Ms*** in June 2017. - per work order history, we responded within day of her request for work order
service. We responded on a Saturday. We cleaned the toilet. there was mildew or mold on the bottom of the toilet tank caused from condensation. Ms*** moved in 4/15/2016. this work order of mold/mildew would normally be considered the housekeeping responsibility taken care of with cleaning. we recognize the urgency of any issue relating to mold and immediately addressed. Ms*** was not satisfied with the cleaning of the toilet and asked that it be replaced and we immediately replaced the toilet.- no other work order were requested after this service- On Oct she asked to be released from lease. we advised to her give a day notice and we would waive the Buy Out fee of $1109 We would also waive the bill back of the $move in special she received for signing a month lease- we acted in good faith that Ms*** would pay for the rent as we waived $1609.- There was nothing wrong with the carpet. It was shampooed as for the new resident. - Ms***'s original request to be released from her lease was made on October 13, 2016. reasons she gave was loud noise by neighbor, cant sleep due to the creaking floor above. we informed her at that time that she should give day notice. Ms*** did not give notice until Nov 27th. It was not until November 19th that she mentioned a problem with the toilet and mold- we believe we were very fair in waiving the buy out of $and the $move in special- We offer to settle this account in full for a payment of $604.29 (discounted from her balance owed of $931.54)thank you

the Rental Deposit agreement you signed clearly describes the purpose of the deposit.it only transfers into an apartment security deposit after a resident signs a lease and moves in. the below holding deposit governs the deposit paid until that time APPLICATION FEE / RENTAL DEPOSIT I understand that the application fee of $is non-refundableI understand that the deposit of $and any additional required deposits are used in the following manner: The said deposit will hold the above listed apartment for only hours after notification of approvalDuring such time, if I choose not to take the apartment, management will refund my deposit in full within daysIf I decide not to accept the apartment past the 24-hour holding period I will forfeit my deposit and all additional required depositsIf I am accepted as a renter, my deposit will become a damage deposit for the above listed apartmentThis will be refunded under certain guidelines upon vacating said apartment, assuming that there is no damage, cleaning fees, or rent owed as far as damages, we are not claiming damages (loss of rent) prior to the 10-4-move in dateit is for damages for loss of rent, additional marketing to re-rent the apartment until the apartment is occupied.thank you

I am rejecting this response because:1. Security deposit is for damage sustained in the unit after the tenant had moved out of the property. I never signed a lease agreement, nor did I receive access to any property on said premises. The aforementioned response violates South Dakota Codified Law 43-32-13 The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification. CivC 1877, § 260; CL 1887, § 2776; RCivC 1903, § 283; RC 1919, § 353; SDC 1939, § 38.0408.43-22-34 The lessor may withhold from such deposit only such amounts as are reasonably necessary to remedy tenant defaults in the payment of rent or of other funds due to the landlord pursuant to an agreement or to restore the premises to their condition at the commencement of the tenancy, ordinary wear and tear excepted. Within forty-five days after termination of the tenancy, upon request of the lessee, the lessor shall provide the lessee with an itemized accounting of any deposit withheld. SL 1976, ch 267, § 3; SL 1984, ch 281, § 1.  As I have never signed a lease, nor taken possession of any property held by Lacrosse, there were no damages done to the property. Belgrade DBA Lacrosse did stated they were repairing property that was damaged by previous tenant. Therefore, the property was not held off the market because of application, but because of previous tenant damages.

I am rejecting this response because:
I should never have been subjected to living with black mold for even one day. The toilet should have been replaced years ago not after I was exposed to it for 7 months. I became deathly ill living at the Cliff's and I still suffer from toxic mold exposure symptoms today. There definitely was something wrong with the carpet it had a horrible mildew odor which made it difficult to breath. Also, the building has a large area of black mold growing on the outside right outside of the apartment I rented. The Cliff's is uninhabitable. I've been healthy my entire life until living there and it is ridiculous for them to try to make me pay them for leaving under these conditions. I have medical records that prove the mold caused my illness. If they think it is ok for people to live there then they are free to do so themselves.
Sincerely,
[redacted]