Initial Business Response /* (1000, 6, 2017/01/19) */
[redacted]
January 19, 2017
Case [redacted]
To Whom It May Concern,
Please see below for my responses regarding the issues brought forward by Mr. [redacted]. If there are any...
questions, please feel free to contact me, or [redacted].
Please refer to section 26 of the lease signed by Mr. [redacted]. It clearly states that "Notice must be on the form provided by the Management". This form was forwarded to Mr. [redacted] - which he states he still has. Mr. [redacted] refused to sign.
A Disposition Letter was sent to Mr. [redacted] on October 14, 2016. This letter details his move out expenses. Mr. [redacted] was charged $140 for Janitorial Expense. This fee was explained to him upon move in. Please see the Charge List Acknowledgment form signed by Mr [redacted]. Mr. [redacted] was also charge $140 for painting. Upon move out, to complete the washing of the walls, necessary touch up painting and filling of nail holes it took 4 hours of labor. Please refer to the Charge List Acknowledgment form signed by Mr. [redacted] - where are labor rate of $35 per hour is clearly stated. Also refer to section 27 of the lease signed by Mr. [redacted] - Surrender of Premises - where it clearly states the move out cleaning/repairs that will be completed, and how the charges will be handled. Mr. [redacted] was charged $200 for parking tags that were not returned. Please refer to the 30 Day Notice of Intent to Vacate Premises form. This form clearly states the allowed time frame to return the tags. Mr. [redacted] returned a tag to our Sparks, NV office on October 18, 2016. Nearly 1 month after his move out. Please also refer to the Parking Tag Acknowledgment form signed by Mr. [redacted].
Mr. [redacted]'s account was turned over to [redacted] due to non-payment. Any/all contact with Mr. [redacted] by this organization for payment should be addressed by Mr. [redacted] with said company. His implications that I personally have been contacting him is completely false.
All charges are valid and will not be dismissed.
[redacted]
Manager
Initial Consumer Rebuttal /* (3000, 8, 2017/01/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
NRS 118A.190 states:
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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."
--------------------------------------------------------
In addition it defines Notice as being properly Served if
--------------------------------------------------------
(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.
--------------------------------------------------------
I served 30-day written notice via postal mail and email 8/22/16 (phone also), then physically served written notice 8/23/16. 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 118A.190 is void:
--------------------------------------------------------
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 1 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.
...
--------------------------------------------------------
The NRS defines normal wear & tear:
--------------------------------------------------------
NRS118A.110 "Normal wear" defined. "Normal 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.
--------------------------------------------------------
Per [redacted] Apts' own lease terms, Section 22 "Surrender of Premises":
--------------------------------------------------------
"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."
--------------------------------------------------------
Why Is [redacted] 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 left. If [redacted] and [redacted] want to paint the Unit upon move-out, is this not covered under "Normal Wear & Tear"?? [redacted] Apts is already keeping the entirety of my fully Refundable Security Deposit.
[redacted], the Manager, also states that 4 hours were charged for "filling of nail holes". Wow. I never received notice of this "Charge" until now. It is apparent [redacted] continues to pull additional "Charges" out of thin-air. I have two witnesses and multiple photographs documenting the condition of the apartment upon move-out. I left the Unit in a reasonably clean condition, with no damage to speak of. I do not own a nail gun.
I requested that a Move-Out Inspection be performed after I completely vacated the Unit. [redacted] refused to perform the Inspection, stating that it would be performed by her Maintenance Personnel during the coming days, in my absence. I did not sign [redacted]'s "Notice Form," because not only is its legality questionable, but because it required me, in effect to sign a blank check for [redacted] Apts) to charge whatever amount they found suitable.
That is exactly what [redacted] continues to be trying to do. I am not the first tenant she has done this to, but I am hoping I will be the last. [redacted] continues to threaten legal action and is harassing me through her Collections Agent. If [redacted] and [redacted] 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 landlord. Landlord 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 affected. This isn't about being "upset," it's about wanting this type of conduct to cease-and-desist. It 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 suitable. When 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 $100 for one tag I did not turn in. The second tag I did turn in,.. there are no specifics in the lease or elsewhere about how soon the tag has to be returned. I 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 2 additional days beyond the date I gave in my 30 day notice. I 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 empty. They already collected $299 from me, plus the payment for the extra days, and they want more, a lot more. I 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 [redacted] refuses to acknowledge that the lease - signed by him - clearly outlined all of the issues that he is now disputing. As stated by Mr. [redacted], his account has been turned over for collections. As such - I should be handling this account in a hands off fashion. His complaints have been reviewed, and responded to - numerous times. All complaints are taken seriously. As our position has not changed - this will be our last reply on this matter.
Initial Business Response /* (1000, 6, 2017/01/19) */
[redacted]
January 19, 2017
Case [redacted]
To Whom It May Concern,
Please see below for my responses regarding the issues brought forward by Mr. [redacted]. If there are any...
questions, please feel free to contact me, or [redacted].
Please refer to section 26 of the lease signed by Mr. [redacted]. It clearly states that "Notice must be on the form provided by the Management". This form was forwarded to Mr. [redacted] - which he states he still has. Mr. [redacted] refused to sign.
A Disposition Letter was sent to Mr. [redacted] on October 14, 2016. This letter details his move out expenses. Mr. [redacted] was charged $140 for Janitorial Expense. This fee was explained to him upon move in. Please see the Charge List Acknowledgment form signed by Mr [redacted]. Mr. [redacted] was also charge $140 for painting. Upon move out, to complete the washing of the walls, necessary touch up painting and filling of nail holes it took 4 hours of labor. Please refer to the Charge List Acknowledgment form signed by Mr. [redacted] - where are labor rate of $35 per hour is clearly stated. Also refer to section 27 of the lease signed by Mr. [redacted] - Surrender of Premises - where it clearly states the move out cleaning/repairs that will be completed, and how the charges will be handled. Mr. [redacted] was charged $200 for parking tags that were not returned. Please refer to the 30 Day Notice of Intent to Vacate Premises form. This form clearly states the allowed time frame to return the tags. Mr. [redacted] returned a tag to our Sparks, NV office on October 18, 2016. Nearly 1 month after his move out. Please also refer to the Parking Tag Acknowledgment form signed by Mr. [redacted].
Mr. [redacted]'s account was turned over to [redacted] due to non-payment. Any/all contact with Mr. [redacted] by this organization for payment should be addressed by Mr. [redacted] with said company. His implications that I personally have been contacting him is completely false.
All charges are valid and will not be dismissed.
[redacted]
Manager
Initial Consumer Rebuttal /* (3000, 8, 2017/01/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
NRS 118A.190 states:
--------------------------------------------------------
"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."
--------------------------------------------------------
In addition it defines Notice as being properly Served if
--------------------------------------------------------
(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.
--------------------------------------------------------
I served 30-day written notice via postal mail and email 8/22/16 (phone also), then physically served written notice 8/23/16. 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 118A.190 is void:
--------------------------------------------------------
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 1 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.
...
--------------------------------------------------------
The NRS defines normal wear & tear:
--------------------------------------------------------
NRS118A.110 "Normal wear" defined. "Normal 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.
--------------------------------------------------------
Per [redacted] Apts' own lease terms, Section 22 "Surrender of Premises":
--------------------------------------------------------
"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."
--------------------------------------------------------
Why Is [redacted] 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 left. If [redacted] and [redacted] want to paint the Unit upon move-out, is this not covered under "Normal Wear & Tear"?? [redacted] Apts is already keeping the entirety of my fully Refundable Security Deposit.
[redacted], the Manager, also states that 4 hours were charged for "filling of nail holes". Wow. I never received notice of this "Charge" until now. It is apparent [redacted] continues to pull additional "Charges" out of thin-air. I have two witnesses and multiple photographs documenting the condition of the apartment upon move-out. I left the Unit in a reasonably clean condition, with no damage to speak of. I do not own a nail gun.
I requested that a Move-Out Inspection be performed after I completely vacated the Unit. [redacted] refused to perform the Inspection, stating that it would be performed by her Maintenance Personnel during the coming days, in my absence. I did not sign [redacted]'s "Notice Form," because not only is its legality questionable, but because it required me, in effect to sign a blank check for [redacted] Apts) to charge whatever amount they found suitable.
That is exactly what [redacted] continues to be trying to do. I am not the first tenant she has done this to, but I am hoping I will be the last. [redacted] continues to threaten legal action and is harassing me through her Collections Agent. If [redacted] and [redacted] 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 landlord. Landlord 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 affected. This isn't about being "upset," it's about wanting this type of conduct to cease-and-desist. It 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 suitable. When 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 $100 for one tag I did not turn in. The second tag I did turn in,.. there are no specifics in the lease or elsewhere about how soon the tag has to be returned. I 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 2 additional days beyond the date I gave in my 30 day notice. I 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 empty. They already collected $299 from me, plus the payment for the extra days, and they want more, a lot more. I 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 [redacted] refuses to acknowledge that the lease - signed by him - clearly outlined all of the issues that he is now disputing. As stated by Mr. [redacted], his account has been turned over for collections. As such - I should be handling this account in a hands off fashion. His complaints have been reviewed, and responded to - numerous times. All complaints are taken seriously. As our position has not changed - this will be our last reply on this matter.