I have reviewed the response offer made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
You cannot charge someome for something that never existedThere was no mini blind at any point when I lived thereThe place was clean when I leftThere were pictures hanging on the walls and mold in the toilet when I moved inI have pictures proving all of this and the lack of toilet mold when I leftYou left me with a bathroom flood and a broken toilet for a week and the fire hazard of it pouring rain into my light sockets the last few months I lived thereYou should at least be bound by decency, honestly, reliability and not flat out stealing from peopleI sent you a certified letter and you rejected it without even bothering to read what I said You owe me and you will be responsible for the filing costs as well if you do not return my money by Oct 16, as I stated in the certified letter.
Regards,
*** ***
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
He did not offer any action, the attachment was just a copy of the letter I was complaining about. I have sent the following via certified mail on 09/29:
"RE:
Deposit refunds
I
received your partial deposit return check of 207.50 on 09/16/14 and responded
to about the missing portion via text. I have yet to receive a response.
Your
deductions are unacceptable for the following reasons:
"Cleaning
oven/Refrigerator including supplies: $50.00"
The
kitchen was left clean and I took pictures after I finished washing out the
refrigerator drawers. I also left the stove cleaner that was there when I moved
in for you, this is not only a false charge but an exorbitant amount. I also
had to clean up the previous tenant's dog food from the bottom of the oven when
I moved in.
"
Install new mini blind in kitchen incl supplies: $25.00"
There
was not a blind in the kitchen window when I moved in, and it is not my
responsibility to pay so the next tenant can have one. I had to buy curtains
and put them up myself. You said you
would get me a screen and a blind for that window, but neither happened.
"Repair
10 nail holes in walls @ 5 per hole $50.00"
The
walls were unpainted and riddled with holes and patchy coverings when I moved
in. Again, I have pictures of the pictures that were left hanging from the
previous tenant. Remember showing me the apartment and you wiped some sort of
stain off the wall and said "I'm not sure what that is?" Also, I fixed the giant hole in the bedroom
door myself. It looks better than when I moved in. Again, I have pictures.
Per The Virginia
Residential Landlord
and Tenant Act
here are some violations
you may want to consider:
§
55-248.13. Landlord to maintain fit premises
Section
4 “ Maintain in good and safe working order and condition all electrical,
plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances,
including
elevators, supplied or required to be supplied by him; "
Violation 1: I was left in a flooded
bathroom with a non-functioning toilet from 02/16/14 until 02/22/14. I tried
everything I could think of to keep the floor dry, but the buckets were
overflowed and towels, mops, and cardboard soaked every time I returned to the
restroom. I have video of myself trying to clean up this flood as well. This
was a serious danger because of the electrical baseboard heaters I had to keep
on because it was February and the other baseboard heaters alone were not
enough to keep the apartment at a decent temperature
Violation 2: On 02/19/14, the
ceiling above the bathroom light fixtures caved in and it rained into the light
fixtures. This alone could have caused
a fire, but in addition to the flooded bathroom, this could have caused my
electrocution. I pointed this out to you when you came to fix the toilet on
02/22 and you said you'd fix it and never did. It rained into my bathroom for
the rest of my stay there.
§ 55-48.18.
Access; consent.
“The landlord may enter the dwelling unit without consent of the tenant
in
case of emergency. The landlord shall not abuse the right of access or
use it to harass the
tenant. Except in case of emergency or if it is impractical to do so,
the landlord shall give
the tenant notice of his intent to enter and may enter only at
reasonable times.”
§ 55-248.10:1.
Landlord and tenant remedies for abuse of access
“If the
landlord makes an unlawful entry or a
lawful entry in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the recurrence of
the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and
reasonable attorney's fees. “
Violation: On
12/13/2013 I was awakened by the very loud sound of someone trying to force
their way into my apartment. I was terrified. I got up and put on my robe and
prepared to call the cops. Once I got into the hallway I could hear that
whoever was beating in the door was also jiggling a key. Only then did I
realize it must have been you because hopefully no one else had the key. Before
I could open the door, I heard the neighbor open her door because it was so
loud she thought you were tying to get into her apartment. I heard you tell her
“I'll get in if you don't pay your rent.” According to my bank, as I showed
you, you had already gotten the rent check and I did not know of any
problems. All contact we had prior to
this incident was via email and a reasonable person would have attempted to
contact me again via email to let me know there was a problem before attempted
breaking and entering. I now wish I had a police report to back this up, but
your wife and the neighbors witnessed it and I have your text messages
admitting it as well.
§ 55-248.15:1. Security deposits
“B. The landlord shall: 1. Accrue interest at an annual rate equal to four percentage points
below the Federal Reserve Board discount rate as of January 1 of each year on all property
or money held as a security deposit. However, no interest shall be due and payable
unless the security deposit has been held by the landlord for a period
exceeding 13 months beginning from the commencement date of the rental
agreement or after the effective date of any prior written or oral rental
agreements with the same tenant, for continuous occupancy of the same dwelling unit until termination of the tenancy
and delivery of possession, such security deposit earning interest which begins
accruing from the effective date of the rental agreement, and such interest
shall be paid only upon termination of the tenancy, delivery of possession and
return of the security deposit as provided in subsection A”
Violation: I moved in
to this apartment on 03/01/13, finally got a paper copy of the lease on
07/30/2013 and at that point saw that it ran from 08/01/2013 until 07/31/2014.
It was pretty delayed, but at that point I had not yet had any problems and
decided not to fight it, but this means I lived there for 16 months. $425 *
.005/12 * 16=5.10. Therefore you owe me $2.83 in interest.
Therefore the correct calculations are
Deposit:
$ 425.00
Deposit Interest $ 2.83 +
$ 427.83
“Deposit refund” paid $ 207.50
-
$ 220.33
Due to your lack of response, I have also filed a RevDex.com report to avoid this having to enter the court system. I have contacted
the [redacted] remediation services as well to find other options for this
matter to be resolved. Please send me a check or money order for $220.33 on or
before Oct 15, as it should have been back to me before September 15. If I
don't receive payment by that date, I'll promptly file this case in small
claims court and have to add on the legal fees to the claim."
I guess this lack of an actual response is his way of saying, see you in court, because that appears to be where we are headed.
Regards,
[redacted]
I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take...
payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.
I stand by my original response from 10/1/14:
I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.
I have reviewed the response offer made by the business in reference to complaint ID *** and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
You cannot charge someome for something that never existedThere was no mini blind at any point when I lived thereThe place was clean when I leftThere were pictures hanging on the walls and mold in the toilet when I moved inI have pictures proving all of this and the lack of toilet mold when I leftYou left me with a bathroom flood and a broken toilet for a week and the fire hazard of it pouring rain into my light sockets the last few months I lived thereYou should at least be bound by decency, honestly, reliability and not flat out stealing from peopleI sent you a certified letter and you rejected it without even bothering to read what I said You owe me and you will be responsible for the filing costs as well if you do not return my money by Oct 16, as I stated in the certified letter.
Regards,
*** ***
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
He did not offer any action, the attachment was just a copy of the letter I was complaining about. I have sent the following via certified mail on 09/29:
"RE:
Deposit refunds
I
received your partial deposit return check of 207.50 on 09/16/14 and responded
to about the missing portion via text. I have yet to receive a response.
Your
deductions are unacceptable for the following reasons:
"Cleaning
oven/Refrigerator including supplies: $50.00"
The
kitchen was left clean and I took pictures after I finished washing out the
refrigerator drawers. I also left the stove cleaner that was there when I moved
in for you, this is not only a false charge but an exorbitant amount. I also
had to clean up the previous tenant's dog food from the bottom of the oven when
I moved in.
"
Install new mini blind in kitchen incl supplies: $25.00"
There
was not a blind in the kitchen window when I moved in, and it is not my
responsibility to pay so the next tenant can have one. I had to buy curtains
and put them up myself. You said you
would get me a screen and a blind for that window, but neither happened.
"Repair
10 nail holes in walls @ 5 per hole $50.00"
The
walls were unpainted and riddled with holes and patchy coverings when I moved
in. Again, I have pictures of the pictures that were left hanging from the
previous tenant. Remember showing me the apartment and you wiped some sort of
stain off the wall and said "I'm not sure what that is?" Also, I fixed the giant hole in the bedroom
door myself. It looks better than when I moved in. Again, I have pictures.
Per The Virginia
Residential Landlord
and Tenant Act
here are some violations
you may want to consider:
§
55-248.13. Landlord to maintain fit premises
Section
4 “ Maintain in good and safe working order and condition all electrical,
plumbing, sanitary,
heating, ventilating, air-conditioning and other facilities and appliances,
including
elevators, supplied or required to be supplied by him; "
Violation 1: I was left in a flooded
bathroom with a non-functioning toilet from 02/16/14 until 02/22/14. I tried
everything I could think of to keep the floor dry, but the buckets were
overflowed and towels, mops, and cardboard soaked every time I returned to the
restroom. I have video of myself trying to clean up this flood as well. This
was a serious danger because of the electrical baseboard heaters I had to keep
on because it was February and the other baseboard heaters alone were not
enough to keep the apartment at a decent temperature
Violation 2: On 02/19/14, the
ceiling above the bathroom light fixtures caved in and it rained into the light
fixtures. This alone could have caused
a fire, but in addition to the flooded bathroom, this could have caused my
electrocution. I pointed this out to you when you came to fix the toilet on
02/22 and you said you'd fix it and never did. It rained into my bathroom for
the rest of my stay there.
§ 55-48.18.
Access; consent.
“The landlord may enter the dwelling unit without consent of the tenant
in
case of emergency. The landlord shall not abuse the right of access or
use it to harass the
tenant. Except in case of emergency or if it is impractical to do so,
the landlord shall give
the tenant notice of his intent to enter and may enter only at
reasonable times.”
§ 55-248.10:1.
Landlord and tenant remedies for abuse of access
“If the
landlord makes an unlawful entry or a
lawful entry in an unreasonable manner or makes repeated demands for entry
otherwise lawful but which have the effect of unreasonably harassing the
tenant, the tenant may obtain injunctive relief to prevent the recurrence of
the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and
reasonable attorney's fees. “
Violation: On
12/13/2013 I was awakened by the very loud sound of someone trying to force
their way into my apartment. I was terrified. I got up and put on my robe and
prepared to call the cops. Once I got into the hallway I could hear that
whoever was beating in the door was also jiggling a key. Only then did I
realize it must have been you because hopefully no one else had the key. Before
I could open the door, I heard the neighbor open her door because it was so
loud she thought you were tying to get into her apartment. I heard you tell her
“I'll get in if you don't pay your rent.” According to my bank, as I showed
you, you had already gotten the rent check and I did not know of any
problems. All contact we had prior to
this incident was via email and a reasonable person would have attempted to
contact me again via email to let me know there was a problem before attempted
breaking and entering. I now wish I had a police report to back this up, but
your wife and the neighbors witnessed it and I have your text messages
admitting it as well.
§ 55-248.15:1. Security deposits
“B. The landlord shall: 1. Accrue interest at an annual rate equal to four percentage points
below the Federal Reserve Board discount rate as of January 1 of each year on all property
or money held as a security deposit. However, no interest shall be due and payable
unless the security deposit has been held by the landlord for a period
exceeding 13 months beginning from the commencement date of the rental
agreement or after the effective date of any prior written or oral rental
agreements with the same tenant, for continuous occupancy of the same dwelling unit until termination of the tenancy
and delivery of possession, such security deposit earning interest which begins
accruing from the effective date of the rental agreement, and such interest
shall be paid only upon termination of the tenancy, delivery of possession and
return of the security deposit as provided in subsection A”
Violation: I moved in
to this apartment on 03/01/13, finally got a paper copy of the lease on
07/30/2013 and at that point saw that it ran from 08/01/2013 until 07/31/2014.
It was pretty delayed, but at that point I had not yet had any problems and
decided not to fight it, but this means I lived there for 16 months. $425 *
.005/12 * 16=5.10. Therefore you owe me $2.83 in interest.
Therefore the correct calculations are
Deposit:
$ 425.00
Deposit Interest $ 2.83 +
$ 427.83
“Deposit refund” paid $ 207.50
-
$ 220.33
Due to your lack of response, I have also filed a RevDex.com report to avoid this having to enter the court system. I have contacted
the [redacted] remediation services as well to find other options for this
matter to be resolved. Please send me a check or money order for $220.33 on or
before Oct 15, as it should have been back to me before September 15. If I
don't receive payment by that date, I'll promptly file this case in small
claims court and have to add on the legal fees to the claim."
I guess this lack of an actual response is his way of saying, see you in court, because that appears to be where we are headed.
Regards,
[redacted]
I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take...
payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.
I stand by my original response from 10/1/14:
I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.