Tom's Tub Refinishing RRR, LLC

Initial Business Response /* (1000, 6, 2017/01/19) */
*** *** ***
*** *** *** #***
***, ** ***
January 19,
Case ***
To Whom It May Concern,
Please see below for my responses regarding the issues brought forward by Mr***If there are any
questions, please feel free to contact me, or *** *** ***
Please refer to section of the lease signed by Mr***It clearly states that "Notice must be on the form provided by the Management"This form was forwarded to Mr*** - which he states he still hasMr*** refused to sign
A Disposition Letter was sent to Mr*** on October 14, This letter details his move out expensesMr*** was charged $for Janitorial ExpenseThis fee was explained to him upon move inPlease see the Charge List Acknowledgment form signed by Mr ***Mr*** was also charge $for paintingUpon move out, to complete the washing of the walls, necessary touch up painting and filling of nail holes it took hours of laborPlease refer to the Charge List Acknowledgment form signed by Mr*** - where are labor rate of $per hour is clearly statedAlso refer to section of the lease signed by Mr*** - Surrender of Premises - where it clearly states the move out cleaning/repairs that will be completed, and how the charges will be handledMr*** was charged $for parking tags that were not returnedPlease refer to the Day Notice of Intent to Vacate Premises formThis form clearly states the allowed time frame to return the tagsMr*** returned a tag to our Sparks, NV office on October 18, Nearly month after his move outPlease also refer to the Parking Tag Acknowledgment form signed by Mr***
Mr***'s account was turned over to *** *** *** due to non-paymentAny/all contact with Mr*** by this organization for payment should be addressed by Mr*** with said companyHis implications that I personally have been contacting him is completely false
All charges are valid and will not be dismissed
*** ***
Manager
Initial Consumer Rebuttal /* (3000, 8, 2017/01/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
NRS 118Astates:
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"Written notices to the landlord may be delivered or mailed to the place of business of the landlord designated in the rental agreement or to any place held out by the landlord as the place for the receipt of rental payments from the tenant and are effective from the date of delivery or mailing."
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In addition it defines Notice as being properly Served if
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(a)The person has actual knowledge of it;
(b)The person has received a notice or notification of it; or
(c)From all the facts and circumstances the person reasonably should know that it exists
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I served 30-day written notice via postal mail and email 8/22/(phone also), then physically served written notice 8/23/Since my lease is a "Monthly Rental," by law I gave sufficient notice
The NRS further clearly states that any agreement made by the Landlord and Tenant which is contrary to the aforementioned provisions, or which requires the Tenant to give notice other than that which is defined in NRS 118Ais void:
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NRS118A.220 Rental agreements: Prohibited provisions
1. A rental agreement shall not provide that the tenant:
(e)Agrees to give the landlord a different notice of termination than that required to be given by the landlord to the tenant
2. Any provision prohibited by subsection is void as contrary to public policy and the tenant may recover any actual damages incurred through the inclusion of the prohibited provision
NRS118A.230 Rental agreements: Unconscionability
1. If the court as a matter of law finds that a rental agreement or any of its provisions was unconscionable when made, the court may refuse to enforce the agreement, enforce the remainder of the agreement without the unconscionable provision or limit the application of any unconscionable provision to avoid an unconscionable result
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The NRS defines wear & tear:
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NRS118A.110 "wear" defined. "wear" means that deterioration which occurs without negligence, carelessness or abuse of the premises, equipment or chattels by the tenant, a member of the tenant's household or other person on the premises with the tenant's consent
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Per *** *** Apts' own lease terms, Section "Surrender of Premises":
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"Lessee shall quit and surrender the premises hereby described in as good a state and condition as they were at the commencement of this lease with cleaning, carpet, reasonable use, and wear thereof and damage by the elements excepted."
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Why Is *** demanding that I pay for "Painting"? I am not a graffiti artist; the paint in the Unit was in a reasonably clean condition when I leftIf *** and *** want to paint the Unit upon move-out, is this not covered under "Wear & Tear"?? *** *** Apts is already keeping the entirety of my fully Refundable Security Deposit
***, the Manager, also states that hours were charged for "filling of nail holes"WowI never received notice of this "Charge" until nowIt is apparent *** *** continues to pull additional "Charges" out of thin-airI have two witnesses and multiple photographs documenting the condition of the apartment upon move-outI left the Unit in a reasonably clean condition, with no damage to speak ofI do not own a nail gun
I requested that a Move-Out Inspection be performed after I completely vacated the Unit*** *** refused to perform the Inspection, stating that it would be performed by her Maintenance Personnel during the coming days, in my absenceI did not sign ***'s "Notice Form," because not only is its legality questionable, but because it required me, in effect to sign a blank check for *** *** *** (*** *** Apts) to charge whatever amount they found suitable
That is exactly what *** continues to be trying to doI am not the first tenant she has done this to, but I am hoping I will be the last*** continues to threaten legal action and is harassing me through her Collections AgentIf *** and *** can prove that there was an extraordinary amount of wear or damage on the Unit, which required an extraordinary amount of cleaning/repairs they need to provide real evidence of this beyond their own ledger of "expenses incurred" by their own Maintenance Personnel
Final Consumer Response /* (4200, 16, 2017/02/20) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Has the business proposed anything? I tried to make a deal with the collections agency and meet them halfway by paying half of what they wanted, to get the landlord out of my hair, but the deal was refused by landlordLandlord has made no attempt to reach a resolution
This is not a war of words; this business kept *all* of my deposit, tried to force me to sign a blank check (their special "notice" form) when I already gave lawful notice, refused to allow me to clean my own unit (which I left in a good condition on move-out anyway), has hired a collections agency to collect additional monies at a sum they entirely control, and have not provided any tangible proof that there was any damage or excessive filth to speak-of
I have been contacted multiple times by the collector, may have to face legal action over this, and am certainly having my credit rating affectedThis isn't about being "upset," it's about wanting this type of conduct to cease-and-desistIt is about preventing other people from having to go through this again
The lease the business is quoting is contradictory - it claims "cleaning, carpet, reasonable use and wear thereof and damages by the elements **excepted**" (emphasis mine) from the tenant's responsibility, then it turns around and attempts to perform all manner of deep cleaning and routine maintenance completely at the tenant's expense for any undisclosed sum landlord deems suitableWhen tenant attempts to give notice, landlord tries to force tenant to give notice in a manner not required for the landlord, which as far as I can tell, per the NRS is illegal and can be used as grounds to sue for damages
Finally, I have to address the points made by landlord in their reply dated 2/16/17:
Parking Tags: I already paid landlord $for one tag I did not turn inThe second tag I did turn in,there are no specifics in the lease or elsewhere about how soon the tag has to be returnedI made a best faith effort - landlord refused to do a walk-through on check-out, telling me "just leave the keys in the mailbox," so I personally went to the office and returned the tag
Extra days: I *did* pay for the additional days beyond the date I gave in my day noticeI have proof of this
We are not talking about a harmless matter here, landlord is trying to collect hundreds of dollars from me, sending me to collections, and threatening legal action, after I left my unit in good condition and emptyThey already collected $from me, plus the payment for the extra days, and they want more, a lot moreI know for a fact I am not the only person they have done this to on move-out
Final Business Response /* (4000, 18, 2017/02/28) */
Mr *** refuses to acknowledge that the lease - signed by him - clearly outlined all of the issues that he is now disputingAs stated by Mr***, his account has been turned over for collectionsAs such - I should be handling this account in a hands off fashionHis complaints have been reviewed, and responded to - numerous timesAll complaints are taken seriouslyAs our position has not changed - this will be our last reply on this matter