Stump Busters

Initial Business Response / [redacted] (1000, 5, 2016/03/18) */ [redacted] ***'s statement is only partially correctShe did disclose that she had had an eviction and that it had been paid offThat is true, however, she led our agent to believe that the eviction was in her distant pastBeyond that, the collective credit for all parties applying for the house was very bad and did not pass the basic requirements for a renterTo say she would not have applied if she had known that she would be disqualified is rather interestingThere should be a requirement for honesty on the part of all parties involved, not just the agent We will agree to refund Ms***'s deposit of $in the interest of satisfying this complaintWe do not think we did anything incorrectly and that the information supplied to our agent was not completeWe have instructed our bookkeeping department to send a check for $to the address listed on this complaint as a current address for Ms*** Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/03/18) */ (The consumer indicated he/she DID NOT accept the response from the business.) When myself and spouse met with agent to show us the house, my spouse disclosed to the agent the evictionThe agent stated as long as it show paid in full we will be okay with getting the house rented to usShe never asked how long ago the eviction wasThe agent also said that she will rent the house to us for $which is less than the rented price because of the carpet and we had the option to keep the carpet as is and pay $for rent or get new carpet and pay the rental priceWe agreed to keep carpet as is to be able to pay $monthly for rentAll information provided to the agent was very true and once again if I knew the eviction on my spouse was going to disqualify, we would of not applied for the rental home Final Consumer Response / [redacted] (2000, 10, 2016/04/06) */

Initial Business Response / [redacted] (1000, 7, 2015/07/20) */ Mr [redacted] changed the locks on his apartment and would not allow access to make repairs, if requestedHe did not formally request the repairs as he has stated Mr [redacted] constantly burned incense which caused a smoky coating on all exposed surfaces and penetrated the appliances necessitating that a complete paint job be done upon departing and some appliances having to be replaced The only handicap accommodation Mr [redacted] requested was that we soundproof his apartmentThe manager provided Mr [redacted] the paperwork to submit to his doctor explaining why this was neededThe paperwork was not returned and his request was well beyond a reasonable accommodation Initial Consumer Rebuttal / [redacted] (3000, 9, 2015/07/21) */ (The consumer indicated he/she DID NOT accept the response from the business.) Response to Claim Please be advised, that in 2012, I called the Landlord (L [redacted] ) and reported the roach problem in my apartment, the damaged door locks and the opening under the door which allowed roaches to crawl under the door into my apartmentSeveral days later one of the Spanish speaking Maintenance worker's came and changed the door locks and repaired the opening under the doorCalifornia state law Civil Code Section required the Landlord (L [redacted] ) to ensure the apartment conditions are habitable, free from pest and nuisanceAfter complaining about the roach problem because of the damaged door, L [redacted] told me don't worry about it she will send guys to spray Response to Claim and In and I called Westco Equities and reported the unfair treatment and discrimination I was receiving from the Landlord (L [redacted] )Under the Fair Employment and Housing Act I requested that the Landlord (L [redacted] ) relocate me to another apartment on the premise, since she moved other tenants to another apartmentI gave the Landlord (L [redacted] ) a copy of my letter from the Department of Veterans Affairs defining my disabilityThe Landlord (L [redacted] ) told me that she talked with her Westco Equities Attorneys and they consulted her not to move me into another location but to proceed with the eviction notice A tenant who is the victim of retaliatory discrimination also has a cause of action for damages under the Fair Employment and Housing ActAfter speaking with Westco Equities, the Landlord (L [redacted] ) served me a day eviction notice Conclusion Now that I have moved out of the apartment the Landlord (L [redacted] ) is fabricating facts to deny her motives and non-actions in keeping the Apartment in an inhabitable living condition as defined under California Civil Code Section In addition under the "implied warranty of habitability, the Landlord (L [redacted] ) failed to enforce a habitable dwelling, and therefore is responsible for all repairs and deductions Under the basis of the law, the Landlord (L [redacted] ) was in a breach of contract the implied warranty of habitability for the past FOUR YEARS, and on an oral agreement, for the past two yearsIn order to expedite any confusion I am prepared to provide photos and documentation of these claims [redacted] (XXX) XXX-XXXX Civil Code Section Civil Code Section Civil Code Section (a),(b); see California Practice Guide, Landlord-Tenant, Paragraphs 7:368-7:(Rutter Group 2011) [redacted] et al., California Landlord-Tenant Practice, Section (CalContEdBar 2011) Civil Code Section 1942.5(c) Government Code Section 12955(f), XXXXX 344California Practice Guide, Landlord-Tenant, Paragraphs 7:205, 7:391-7:(Rutter Group 2011) Final Consumer Response / [redacted] (4200, 19, 2015/08/13) */ Thank you [redacted] for your assistance in this matterWhen I requested a copy of the walk through the day of my move out L[redacted] told me I would receive a copy in the mailAs of yet I have not received a copy of the walk throughI have enclosed of the itemized invoices., in which one was revised on 7/22/by Westco EquitiesIn response to Westco Equities I included an itemized invoice that I drafted, which is based on California Civil Codes and legal provisions between tenant and landlord Thank you again for your help and assistance in this matter, you can reach me anytime Sincerely, [redacted] (XXX) XXX-XXXX Final Business Response / [redacted] (4000, 21, 2015/08/13) */ Mr [redacted] constant use of incense and candles, ruined the appliances, left a soot covering all surfaces, etcThat is why we had to replace those items, completely repaint the entire unit with two coats of paint, after washing down the walls and other maintenance not normally needed at a turn over Mr [redacted] changed the locks on his door, would not allow maintenance to come into his apartment unless he was present and then allowed for an extremely unreasonable window for that to happenHe then complained that the few work orders he turned in were not done Mr [redacted] asked that his apartment be completely sound proofed so that he could play his music at any volume he choseComplaints from neighbors be damned He was given a form to give to his doctor to fill out to define what his "disability" wasHe did not return the form The manager has lots of pictures of the apartment at move out as well as eye witness statements as to the condition of the apartment at move out Mr [redacted] has provided no willingness to admit to even the smallest responsibility on his part for all of the expense that the property had to incur at his move out

Initial Business Response / [redacted] (1000, 5, 2016/03/18) */ We are sending Ms. [redacted] a revised accounting of her disposition. She was given a accounting of the bills with her original check. Ms. [redacted] seems to think that she is not responsible for anything damaged or left dirty in her... apartment upon departure. She did a check-in walkthrough and a check-out walkthrough. Items such as the scree, for example, were clearly marked a being in place upon move-in and missing at move-out. Also, we have to pay people to go to the property and repair/replace/clean/paint and perform other services. Charges for those services are allowed by the law. She will receive a revised accounting in the next few days. Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/03/18) */ (The consumer indicated he/she DID NOT accept the response from the business.) I am responsible for damages, but I'm not responsible for paint. After 2 years there's no deduction for paying jobs. I haven't even received a itemize statement only invoice. Its states in the landlord and tents right that you have to send out an itemize statement as well a break down for charges and if over a certain amount a receipt. I don't state such facts, but the law does... Final Business Response / [redacted] (4000, 9, 2016/03/21) */ Was the reply even read/understood? We stand on our reply. Additional funds were returned to the resident even though we do not agree with the complaining party's arguments.

In our system the refund has been processed and will be mailed out on MondayMy apologies for the confusion and the waitIf you do not receive it by Wednesday please feel free to call me directly at 619-280-[redacted] Regional Director San Diego

Initial Business Response / [redacted] (1000, 5, 2016/06/01) */ We will agree to remove the charge for PGE and reduce the cleaning charge from $to $The reduction of $from PGE and $from the cleaning charge will result in the property sending the [redacted] 's a check for $That check will be issued in the next hours The apartment did have to be cleaned to restore it to rent ready status Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/06/01) */ (The consumer indicated he/she DID NOT accept the response from the business.) What is the $cleaning fee for when aptWAS cleaned when left (as notated on the final walkout paperwork)? I've never received an itemized statement that's correct eitherI never accepted 1st check they tried to give me when I had to pick up the paperwork in there office because sent to wrong addressI will accept a check for $& nothing less or we are going to small claims courtI will at that time request judge to consider 3x the amount of my deposit for failing to comply with returning my security deposit within days as stated by there lease & ALL cost in trying to obtain my security deposit...PERIOD! Final Business Response / [redacted] (4000, 9, 2016/06/02) */ We have a cleaning bill for that amount and are allowed, by law, to charge thatWe will not change our position Final Consumer Response / [redacted] (4200, 11, 2016/06/03) */ (The consumer indicated he/she DID NOT accept the response from the business.) Apartment was cleaned when I did my walk out with [redacted] as noted on my final walkout papers I obtained from her before I leftThe paperwork was later altered when got the copy I had to pick up past the day timeframe because Westco sent to wrong address that HAD ANOTHER APT BILLING INFO FOR $attached to my itemized statement based on those chargesThe apartment floors in both kitchen & front entry way had so much WAX BUILD UP On them & where yellow when I moved inApparently they do this with EVERY TENANTBILL OUTRAGEOUS FEES & charges for services they never preformedWe had blinds in my apt& might I note they where all USED & HAD A DATE ON THEMHAVE LOTS OF PICTURES TO PROVE ALL OF THISNext week will file case in small claims & SEEK 3× AMOUNT OF MY DEPOSIT, ALL COST ASSOCIATED WITH SMALL CLAIMSWe will let the court system Handle thisThank You Revdex.com for your time & effort but knew they would NOT fix this issueSee you in court Westco Equities & Robin's Nest ApartmentsHave a blessed day & may GOD forgive you for your injustice to the poor that are trapped by your practices

We have responded to this claim several timesOur attorney has also responded to this claimWestco does not feel that Ms*** should be reimbursed for a decision she made independent of agreement from Westco and not necessary

** *** entered into a contract and after considering, I decided it was best not to hold him to the contract and refund his moneyAll monies have been fully refunded

Revdex.com:I have reviewed the response 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
I spoke to *** with regards to their billing, according to her, that is their standard billing rate for a specialty transport service (because there was a nurse on board) and that even though it was only block from the urgent care to the ER that IS the fee for their service. According to ***, the only way that the fee can be reduced is if I either do not have insurance or the insurance declines to pay for the service. As it stands, I have a deductible to meet and it will be mostly met by paying for this service. The problem I have, is that the bill for the urgent care where I taken in immediately after walking through their door, was hooked up to an EKG, monitored to see if I was having a heart attack by a doctor is less than 1/of this billIT WAS A MINUTE RIDE DOWN THE STREET. How can this be? Rural Metro is taking advantage of people, insurance companies, and a HUGE reason of why our medical costs are out of control
Regards,*** ***

First, Westco does not own the Pinetree Village Apartments Westco manages the PTVThis past tenant sent Westco a letter of disputeThat letter was answered and an adjustment was made to the benefit of the past residentHowever, just making a claim that something is not fair, in your opinion, does
not make it correctThe tenants animal urinated on the flooring and that made it necessary to steam clean or replace thingsIf not all of the keys are returned, we rekey or replace the locksThat is a responsibility of the tenant to return all keys given
The balance due from the tenant is $We would agree to accept $as payment in full if we receive the money within from the date of this replyWe have multiple photos to back up our charges but are willing to settle if we can

Revdex.com:
I have reviewed the response made by the business in
reference to complaint ID ***, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

I am rejecting this response because: I did not make an
independent decisionWestco equities is highly irresponsible and does not care about their tenants and by law I have a right to be in a safe home that I am paying rent for the home was not safe and I reject their response please make the public aware of the behavior of Westco equities so they are not treated wrongfully and abused

Our apologies for the confusion. The $508 was applied on 6-12-15. Account is considered paid in full. Due to a switch in billing systems we had a miscommunication. Again please accept my apology for the confusion.

We believe that the complaining party has been in contact with the manager and was told that a deposit has been accepted for the apartment in question. We will only accept qualified applicants for residency at the Pinetree complex. Merely sending in someone to take over a lease responsibility does...

not insure that they will qualify to live at the property. No one is coerced into signing a lease and both parties are bound to the obligations of the lease.

In our system the refund has been processed and will be mailed out on Monday. My apologies for the confusion and the wait. If you do not receive it by Wednesday please feel free to call me directly at 619-280-0642.[redacted]Regional Director San Diego

A company representive ([redacted]) has been in contact with the party prior to receiving this inquiry and is addressing his concerns.

This is in response to the above mentioned complaint.  We have reviewed the complaint and the account mentioned.  Payment was received from the patient insurance and the remaining balance as indicated in the complaint of $190.05 is the patient co-insurance. ...

We did attempt to contact the patient by mail and phone however the information we were provide was not valid.  Per the patients insurance plan, the patient has a co-insurance responsibility and that is what this balance represents.

Initial Business Response /* (1000, 7, 2015/07/20) */
Mr. [redacted] changed the locks on his apartment and would not allow access to make repairs, if requested. He did not formally request the repairs as he has stated.
Mr. [redacted] constantly burned incense which caused a smoky coating on all exposed...

surfaces and penetrated the appliances necessitating that a complete paint job be done upon departing and some appliances having to be replaced.
The only handicap accommodation Mr. [redacted] requested was that we soundproof his apartment. The manager provided Mr. [redacted] the paperwork to submit to his doctor explaining why this was needed. The paperwork was not returned and his request was well beyond a reasonable accommodation.
Initial Consumer Rebuttal /* (3000, 9, 2015/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Response to Claim 1
Please be advised, that in 2012, I called the Landlord (L. [redacted]) and reported the roach problem in my apartment, the damaged door locks and the opening under the door which allowed roaches to crawl under the door into my apartment. Several days later one of the Spanish speaking Maintenance worker's came and changed the door locks and repaired the opening under the door. California state law Civil Code Section 1941 required the Landlord (L. [redacted]) to ensure the apartment conditions are habitable, free from pest and nuisance. After complaining about the roach problem because of the damaged door, L. [redacted] told me don't worry about it she will send guys to spray.
Response to Claim 2 and 3
In 2013 and 2014 I called Westco Equities and reported the unfair treatment and discrimination I was receiving from the Landlord (L. [redacted]). Under the Fair Employment and Housing Act I requested that the Landlord (L. [redacted]) relocate me to another apartment on the premise, since she moved other tenants to another apartment. I gave the Landlord (L. [redacted]) a copy of my letter from the Department of Veterans Affairs defining my disability. The Landlord (L. [redacted]) told me that she talked with her Westco Equities Attorneys and they consulted her not to move me into another location but to proceed with the eviction notice.
A tenant who is the victim of retaliatory discrimination also has a cause of action for damages under the Fair Employment and Housing Act. After speaking with Westco Equities, the Landlord (L. [redacted]) served me a 45 day eviction notice.
Conclusion
Now that I have moved out of the apartment the Landlord (L. [redacted]) is fabricating facts to deny her motives and non-actions in keeping the Apartment 143 in an inhabitable living condition as defined under California Civil Code Section 1941. In addition under the "implied warranty of habitability, the Landlord (L. [redacted]) failed to enforce a habitable dwelling, and therefore is responsible for all repairs and deductions.
Under the basis of the law, the Landlord (L. [redacted]) was in a breach of contract the implied warranty of habitability for the past FOUR YEARS, and on an oral agreement, for the past two years. In order to expedite any confusion I am prepared to provide photos and documentation of these claims.
[redacted]
(XXX) XXX-XXXX
338 Civil Code Section 1941.1.
339 Civil Code Section 1942.5.
340 Civil Code Section 1945.2 (a),(b); see California Practice Guide, Landlord-Tenant, Paragraphs 7:368-7:380 (Rutter Group 2011).
341 [redacted] et al., California Landlord-Tenant Practice, Section 12.38 (Cal. Cont. Ed. Bar 2011).
342 Civil Code Section 1942.5(c).
343 Government Code Section 12955(f), XXXXX.7.
344California Practice Guide, Landlord-Tenant, Paragraphs 7:205, 7:391-7:394 (Rutter Group 2011).

Final Consumer Response /* (4200, 19, 2015/08/13) */
Thank you [redacted] for your assistance in this matter. When I requested a copy of the walk through the day of my move out L.[redacted] told me I would receive a copy in the mail. As of yet I have not received a copy of the walk through. I have enclosed 2 of the itemized invoices., in which one was revised on 7/22/15 by Westco Equities. In response to Westco Equities I included an itemized invoice that I drafted, which is based on California Civil Codes and legal provisions between tenant and landlord.
Thank you again for your help and assistance in this matter, you can reach me anytime.
Sincerely,
[redacted]
(XXX) XXX-XXXX

Final Business Response /* (4000, 21, 2015/08/13) */
Mr. [redacted] constant use of incense and candles, ruined the appliances, left a soot covering all surfaces, etc. That is why we had to replace those items, completely repaint the entire unit with two coats of paint, after washing down the walls and other maintenance not normally needed at a turn over.
Mr. [redacted] changed the locks on his door, would not allow maintenance to come into his apartment unless he was present and then allowed for an extremely unreasonable window for that to happen. He then complained that the few work orders he turned in were not done.
Mr. [redacted] asked that his apartment be completely sound proofed so that he could play his music at any volume he chose. Complaints from neighbors be damned.
He was given a form to give to his doctor to fill out to define what his "disability" was. He did not return the form.
The manager has lots of pictures of the apartment at move out as well as eye witness statements as to the condition of the apartment at move out.
Mr. [redacted] has provided no willingness to admit to even the smallest responsibility on his part for all of the expense that the property had to incur at his move out.

Initial Business Response /* (1000, 5, 2015/05/06) */
A check for $394.74, was issued 2-27-14, within the allotted 21 day time frame. A statement showing how the deposit was handled accompanied the check. The check and statement were sent to [redacted] W. [redacted] Ave. as per the instructions given by...

the departed tenant. This office was not notified that the past tenant did not receive the check. We show the check as uncashed. We will re-issue a check for $394.74 and send it to the [redacted] Ave. Address.

Initial Business Response /* (1000, 5, 2016/03/18) */
[redacted]'s statement is only partially correct. She did disclose that she had had an eviction and that it had been paid off. That is true, however, she led our agent to believe that the eviction was in her distant past. Beyond that, the...

collective credit for all parties applying for the house was very bad and did not pass the basic requirements for a renter. To say she would not have applied if she had known that she would be disqualified is rather interesting. There should be a requirement for honesty on the part of all parties involved, not just the agent.
We will agree to refund Ms. [redacted]'s deposit of $50 in the interest of satisfying this complaint. We do not think we did anything incorrectly and that the information supplied to our agent was not complete. We have instructed our bookkeeping department to send a check for $50 to the address listed on this complaint as a current address for Ms. [redacted].
Initial Consumer Rebuttal /* (3000, 7, 2016/03/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
When myself and spouse met with agent to show us the house, my spouse disclosed to the agent the eviction. The agent stated as long as it show paid in full we will be okay with getting the house rented to us. She never asked how long ago the eviction was. The agent also said that she will rent the house to us for $1100 which is less than the rented price because of the carpet and we had the option to keep the carpet as is and pay $1100 for rent or get new carpet and pay the rental price. We agreed to keep carpet as is to be able to pay $1100 monthly for rent. All information provided to the agent was very true and once again if I knew the eviction on my spouse was going to disqualify, we would of not applied for the rental home.
Final Consumer Response /* (2000, 10, 2016/04/06) */

Initial Business Response /* (1000, 5, 2016/06/01) */
We will agree to remove the charge for PGE and reduce the cleaning charge from $160 to $110. The reduction of $60 from PGE and $50 from the cleaning charge will result in the property sending the [redacted]'s a check for $110. That check will be...

issued in the next 24 hours.
The apartment did have to be cleaned to restore it to rent ready status.
Initial Consumer Rebuttal /* (3000, 7, 2016/06/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
What is the $110 cleaning fee for when apt. WAS cleaned when left (as notated on the final walkout paperwork)? I've never received an itemized statement that's correct either. I never accepted 1st check they tried to give me when I had to pick up the paperwork in there office because sent to wrong address. I will accept a check for $480 & nothing less or we are going to small claims court. I will at that time request judge to consider 3x the amount of my deposit for failing to comply with returning my security deposit within 21 days as stated by there lease & ALL cost in trying to obtain my security deposit...PERIOD!
Final Business Response /* (4000, 9, 2016/06/02) */
We have a cleaning bill for that amount and are allowed, by law, to charge that. We will not change our position.
Final Consumer Response /* (4200, 11, 2016/06/03) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Apartment was cleaned when I did my walk out with [redacted] as noted on my final walkout papers I obtained from her before I left. The paperwork was later altered when got the copy I had to pick up past the 21 day timeframe because Westco sent to wrong address that HAD ANOTHER APT BILLING INFO FOR $160 attached to my itemized statement based on those charges. The apartment floors in both kitchen & front entry way had so much WAX BUILD UP On them & where yellow when I moved in. Apparently they do this with EVERY TENANT. BILL OUTRAGEOUS FEES & charges for services they never preformed. We had 4 blinds in my apt. & might I note they where all USED & HAD A 2006 DATE ON THEM. HAVE LOTS OF PICTURES TO PROVE ALL OF THIS. Next week will file case in small claims & SEEK 3× AMOUNT OF MY DEPOSIT, ALL COST ASSOCIATED WITH SMALL CLAIMS. We will let the court system Handle this. Thank You Revdex.com for your time & effort but knew they would NOT fix this issue. See you in court Westco Equities & Robin's Nest Apartments. Have a blessed day & may GOD forgive you for your injustice to the poor that are trapped by your practices.