J & W Delivery

According to the [redacted] a claim against a security deposit must be mailed via of certified mail within days of the resident vacating Mr [redacted] turned over possession of the apartment on March 4, On March 11, a certified letter was mailed to Mr [redacted] - see attached tracking results from the USPS with proof of mailing Eventually the post office returned the certified letter to our office - see attached letter showing post office returned Mr [redacted] waited until May 15, to come in our office to pick up the letter Mr [redacted] then made a demand that we return his security deposit in full because he didn't get the letter within days, however, the reason he didn't get it is because he refused to pick it up from the post office.The $ charge against his security deposit was for cleaning We sent Mr [redacted] pictures of what needed cleaning and he acknowledged the cleaning was needed and did not dispute the charge His position is to give him the money back because he didn't get the letter until May San Marco Properties complied with mailing the written notice within days of the time the tenant vacated If this was how the system worked then all tenants that owe money (evicted and/or damage the apartment) could get out of paying what is owed and get a refund by just refusing to pick up the close out letter until after the days passesThank you for your assistance in resolving

I waited to respond because the owner and the tenant were trying to work something out so that everyone could be happy The central heat and air was repaired the same day and is currently workingIt is an older system and the owner has been provided with estimates to replace but is holding off since it is currently workingThe plumbing pressure drops down if multiple water sources are running at the same time The owner reduced the July rent by 50% for their inconvenience and expenses The owner stated that he can't afford to re-pipe the house at this time and is willing to release them from the lease and refund their deposit as long as they leave the home clean and free of damage Although we sympathize with the tenant and the owner, we do not own the home, it is out of our handsThank you for assisting in a resolution[redacted]

Complaint: [redacted] I am rejecting this response because:San Marco Properties is lying about events that have taken placeI NEVER picked up the notice from the post officeThe letter was at San Marco Properties office location when I picked it up on 5/15/I am not trying bully any money out of anyoneI am trying to help San Marco Properties understand the law which states clearly that I must be given notice within days after I move out of any claim against my security depositFurther, the notice that was provided to me on 5/15/(days after I moved out) did not inform me of any claim against my security depositSan Marco Properties cannot legally make any deduction for damages to the property without giving me the proper notice required by [redacted] ***The have clearly stated to me that they made an unauthorized (illegal) deduction from my security depositTo comply with the law, they must return the remaining $to meIt is not my responsibility to contact the [redacted] of the property that San Marco Properties rented to meMy lease contract is written between me and San Marco PropertiesSan Marco Properties (and no other party) owes me $I am simply making an attempt to resolve this issue before taking it small claims court Regards, [redacted]

Complaint: [redacted] I am rejecting this response because:I was never notified of any certified mail being attempted to be delivered to meFurther, when the San Marco Properties received the letter back from the post office, no one notified me from San Marco Properties that a letter was waiting for me at their officeI had to personally reach out to San Marco Properties and ask them to provide me information on when I would be hearing from them about my security depositIt was May 15th that they informed me that they were in possession of a letter and a check for my security depositEven if San Marco Properties had given me the letter within days (which they did not), the letter did not provide a notice of claim against my depositSan Marco Properties admitted to me that they deducted money from my deposit with out giving me notice of a claim being placed on my depositThis is illegalSan Marco Properties, even if they had gotten the letter to me within days, never provided notice of a claim on my depositIf this was how the system worked then all landlords that owe money (security deposit) to a tenant could get out of paying what is owed by refusing to provide a notice of a claim within days of the tenant moving out Regards, [redacted]

Mr*** moved out on March 4, and as required by law within days we sent out a claim against the security deposit, which is verified by the *** We mailed the claim against his security deposit on March 10th, six days after he moved Mr***'s position is that he didn't go
to the post office to pick up his check until May 15th so it was beyond the days to notify him If he chooses to not pick his certified letter up for over months later that doesn't mean that the claim against the deposit is not valid Mr*** admits in the email below that he has seen the pictures of what he left dirty and he says that is not the issue The issue is he didn't go to the post office to get the letter so we are not in complianceMr*** just wants the $and is trying to bully it out It doesn't matter if he left the apartment dirty, which he admits It doesn't matter that he didn't pick up his certified letter for over two months - he just wants me to give him money because he failed to do somethingI also explained to him that the $was forfeited and given to the *** of the property to have the apartment cleaned I advised him the *** has the money, gave him the ***s email address and told him to contact them Below is an email that Mr*** sent to me - Everything in Pink is my response to his claim Everyday and sometimes more, Mr*** sends me basically the same email I also explained to him that the $was forfeited and given to the *** of the property to have the apartment cleaned I advised him the *** has the money, gave him the ***s email address and told him to contact them Please let me know if any additional information is needed Thank you for your help in resolving. ================================================================================...⇄ already seen the photosThat is not the issue. I moved out of *** (*** *** *** *** ***) on Saturday March 4th, 2017 - Verified keys were in on 3/4/17Per *** *** ***:Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have days to return the security deposit together with interest if otherwise required, or the landlord shall have days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. Pursuant to the *** *** the certified letter was mailed within days It was actually mail on March 10, This can be verified by visiting the *** website and entering in the tracking number of the certified letter - #*** The letter was dated March 10th and included a check for $The letter stated that my security deposit was returned less $for a "REGULAR CLEANING FEE."This is not regular at all, since no one told me about it ahead of time nor was I informed of it in my lease. The deduction for the cleaning charge was referred to as a "regular" cleaning That is a description of the type of cleaning that was done There are different charges - IE- light clean meaning it just needed to be wiped out, regular clean meaning it is needed sweeping, mopping, counters wiped, fixtures and fans wiped down, etc heavy clean meaning trash was left, appliances filthy, bathrooms very dirty, etc I reviewed the pictures and your apartment was a regular clean.The letter (attached) goes on to state that there is a $balance remaining on my account and that San Marco Properties is placing a $claim upon my security deposit. The balance is zero because once the charge of $was forfeited from the security deposit there was not a balance due If someone owes $and their deposit was $then their balance would have been $100.I did not receive this letter until May 15th, - days after I moved out. When you receive it is not when the time starts It starts when it was mailed via of certified mail If someone chooses not to pick it up right away is a choice Mailing out on time is mandatory.The letter clearly states that you are claiming no charges on my account or security deposit. The section of the letter does indicate that the deposit has a $charge and that $was deducted from your $leaving a balance due to you of $325., which was included in the envelope Deducting that $leaves you with a zero balance and in good standing.This means you wrongfully possess $which belongs to me. The cleaning charge for what was done was a fair charge.It is now June 8th, - days after I've moved out and I am still waiting for the remainder of my security deposit to be returned to me.I hope that me explaining the process will help Thank you - *** ***=============================================================================...⇄

According to the [redacted] a claim against a security deposit must be mailed via of certified mail within 30 days of the resident vacating.  Mr [redacted] turned over possession of the apartment on March 4, 2017.  On March 11, 2017 a certified letter was mailed to Mr. [redacted] - see attached tracking results from the USPS with proof of mailing.  Eventually the post office returned the certified letter to our office - see attached letter showing post office returned.  Mr. [redacted] waited until May 15, 2017 to come in our office to pick up the letter.  Mr. [redacted] then made a demand that we return his security deposit in full because he didn't get the letter within 30 days, however, the reason he didn't get it is because he refused to pick it up from the post office.The $ 75. charge against his security deposit was for cleaning.  We sent Mr. [redacted] pictures of what needed cleaning and he acknowledged the cleaning was needed and did not dispute the charge.  His position is to give him the money back because he didn't get the letter until May.  San Marco Properties complied with mailing the written notice within 30 days of the time the tenant vacated.  If this was how the system worked then all tenants that owe money (evicted and/or damage the apartment) could get out of paying what is owed and get a refund by just refusing to pick up the close out letter until after the 30 days passes. Thank you for your assistance in resolving.

Complaint: [redacted]
I am rejecting this response because:I was never notified of any certified mail being attempted to be delivered to me. Further, when the San Marco Properties received the letter back from the post office, no one notified me from San Marco Properties that a letter was waiting for me at their office. I had to personally reach out to San Marco Properties and ask them to provide me information on when I would be hearing from them about my security deposit. It was May 15th that they informed me that they were in possession of a letter and a check for my security deposit. Even if San Marco Properties had given me the letter within 30 days (which they did not), the letter did not provide a notice of claim against my deposit. San Marco Properties admitted to me that they deducted money from my deposit with out giving me notice of a claim being placed on my deposit. This is illegal. San Marco Properties, even if they had gotten the letter to me within 30 days, never provided notice of a claim on my deposit. If this was how the system worked then all landlords that owe money (security deposit) to a tenant could get out of paying what is owed by refusing to provide a notice of a claim within 30 days of the tenant moving out.
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:San Marco Properties is lying about events that have taken place. I NEVER picked up the notice from the post office. The letter was at San Marco Properties office location when I picked it up on 5/15/2017. I am not trying bully any money out of anyone. I am trying to help San Marco Properties understand the law which states clearly that I must be given notice within 30 days after I move out of any claim against my security deposit. Further, the notice that was provided to me on 5/15/2017 (72 days after I moved out) did not inform me of any claim against my security deposit. San Marco Properties cannot legally make any deduction for damages to the property without giving me the proper notice required by [redacted]. The have clearly stated to me that they made an unauthorized (illegal) deduction from my security deposit. To comply with the law, they must return the remaining $75.00 to me. It is not my responsibility to contact the [redacted] of the property that San Marco Properties rented to me. My lease contract is written between me and San Marco Properties. San Marco Properties (and no other party) owes me $75.00. I am simply making an attempt to resolve this issue before taking it small claims court.
Regards,
[redacted]

I waited to respond because the owner and the tenant were trying to work something out so that everyone could be happy.    The central heat and air was repaired the same day and is currently working. It is an older system and the owner has been provided with estimates...

to replace but is holding off since it is currently working. The plumbing pressure drops down if multiple water sources are running at the same time.   The owner reduced the July rent by 50% for their inconvenience and expenses.    The owner stated that he can't afford to re-pipe the house at this time and is willing to release them from the lease and refund their deposit as long as they leave the home clean and free of damage.    Although we sympathize with the tenant and the owner,  we do not own the home, it is out of our hands. Thank you for assisting in a resolution.[redacted]