Landlord Complaint Record: #20-0776

Marla Mason    |    Sioux Falls    ,    South Dakota 57108    Landlord Complaint 20-0776


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CASE CLOSED UNRESOLVED Sep 21, 2010


UNRESOLVED COMPLAINT: Despite mediation efforts; neither party could reach an agreement that was accepted by the other party.
 



Case Number : 20-0776 Filing Date : Aug 19, 2010
Investigating Agent : Kept Private Case Disposition : Unresolved
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Sep 3, 2010
water in my trunk after unloading.

upload Kept Private Renter Sep 3, 2010
South eve taken on 4-4-10

upload Kept Private Renter Sep 3, 2010
south eve. after repair

upload Kept Private Renter Sep 3, 2010
middle eve and north eve not on.

upload Kept Private Renter Sep 3, 2010
pad in the dumpster at the land fill

upload Kept Private Renter Sep 3, 2010
padding loaded in the trunk of my car

upload Kept Private Renter Sep 3, 2010
old wet moldy pad that the landlord refused to remove from the property.

upload Kept Private Renter Sep 3, 2010
North eve. after repair

upload Kept Private Renter Sep 3, 2010
Shows the neighbors house north of this residence. Shows that all the water runs right down to this house.

upload Kept Private Renter Sep 3, 2010
Shows the neighbors house north of this residence. Shows that all the water runs right down to this house.

upload Kept Private Renter Sep 3, 2010
middle eve taken on 4-4-10

upload Kept Private Renter Sep 3, 2010
middle eve after repair

upload Kept Private Renter Sep 3, 2010
Laundy room in the basement.

upload Kept Private Renter Sep 3, 2010
Looking from the stairs into the basement.

upload Kept Private Renter Sep 3, 2010
Justin showing the layout of the family room in the basement

upload Kept Private Renter Sep 3, 2010
Showing the family room in the basement

upload Kept Private Agent Aug 26, 2010
This is a Scnned copy of the faxed response.

upload Kept Private RPA Mailing Center The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

upload Kept Private RPA Mailing Center The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.

upload Kept Private RPA Mailing Center This is the 3rd and final notice that was sent to the landlord/ manager. This is the final attempt / notice to request an immediater resolution to the complaint. I has been processed for mailing.

LANDLORD / MGR : Marla Mason RENTER : Kept Private
Property Name :      
Address : 1204 W. Murphy Dr. Address : Kept Private
City, State - Zip : Sioux Falls, South Dakota - 57108. City, State - Zip : Sioux Falls, South Dakota - 57104.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Water Damage
Fair Resolution according to renter :
  1. For her to relize that I didn't remove the eve troughs and they were not secured properly in the first place.
  2. I have continued to remind her that she needs to notify me when she randomly comes over and put chemical on the lawn .

RENTAL DETAILS
Address               :   725 S. Covell AVE.
City, State - Zip   :   Sioux Falls, South Dakota - 57104.

COMPLAINT DETAILS (from renter)

#1 On july 23rd 2010 in the am water was noted in the basement . I called the landlord right away and told her the problem. She said thatā??s everyones problem. I said well its still a problem that needs to be fixed. She said she canā??t do anything right now. I said well if you have a shop vac I can suck the water out. She said ok and later dropped off a shop vac and left. I then began sucking water out of the carpet. I filled a large shop vac 7 times. And dumped the water in the way back yard. The next am there was more water in the carpet than the previous day. I called her and told her and said I didnā??t have time to shop vac it today. She said she canā??t get anyone there until Monday. I said ok if that the best you can do. On july 25th she came over to see what she could do, and then noticed that the gutter eve troughs were off in the back of the house. She then had to go and get more troughs from a store and replace them and secure them to the down spouts. She right away accused me of taking of the eve troughs and I told her no I didnā??t and that was the end of it at that point. On Monday a guy came over to suck water up out of the carpet and tear the padding out and put fans under the carpet to dry them out. He said they should be dry by wed. I checked the carpet on wed. and they were dry. I called her and told her that the carpets were dry and asked her when they are going to get it cleaned up and put back together. She told me possibly Tues. the next week. So on Aug 3rd a guy came and put it all back together. We moved our stuff back in the basement. On Aug . 2nd received a general letter from the landlord addressed to all of her properties she rents out. That the eves. Need to be attached and left attached or the tenant will be responisable for damages. On Aug. 19th I received a letter from her stating that we have 10 days to pay her $242.00 for the carpet cleaning and when the other bills come in I will need to pay for them as well. I called her and talked to her for 10 mins and she states that because I violated the lease agreement in clause 13ā?¦ negligence. I am responsible for the damages. I told her that I disagreed , because I didnā??t remove the downspouts and therefore am not responsible. She insists that I did and said if I donā??t choose to pay it then she will take me to Small Claims. And that was the end of the conversation. #2 She puts chemicals on the yard and doesnt tell me so ican keep my 2 year out of the yard so he d


LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response

INVESTIGATING AGENT - REMARKS (16)
Agent Date Response
Agent Sep 14, 2010 NO RESPONSE: Agent has not received a response or valid proof of debt from the landlord. Agent will extend the response period for an additional 3 business days.

Agent Sep 4, 2010 FINAL RESPONSE PERIOD: Agent is extending this case for 1 full week. Landlord is still able to produce a valid proof of debt during this time. Tenant has provided evidence to support the dispute.

Agent Sep 4, 2010 NO VALID PROOF OF DEBT: Agent has allowed the landlord to provide a valid proof of debt. Despite reasonable time allowed, the landlord has not been able to produce a valid proof of debt.

Agent Sep 4, 2010 ADDITIONAL DETAILS: Tenant has provided the agent with additional details to support thier claim. Landlord has not been able to justify damages.

Agent Aug 26, 2010 VALID PROOF OF DEBT REQUESTED: Agent is requesting that the landlord provide a valid proof of debt showing how the tenant is responsible for water damage caused by excessive rain. It is unlcear how a landlord can hold a tenant responsible for "Acts of God"

Agent Aug 26, 2010 NO PROOF: Landlord has not provided a valid proof of debt or proof that the tenant was responsible for water damage.

Agent Aug 26, 2010 REVIEW OF LANDLORD RESPONSE: Agent has reviewed the response. Landlord claims no responsibilty and feels justified in charging the tenant. Landlord has NOT offered a settlement or solution and has only responded with why she feels justified in charging the tenant. Landlord has requested that the tenant pay in full within 15 days.

Agent Aug 26, 2010 FAX UPLOADED: Fax has been uploaded to complaint.

Agent Aug 26, 2010 LANDLORD FAX: Agent has received a faxed response to the complaint. Fax will be scanned and uploaded to the case.

Agent Aug 20, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: AUGUST 27, 2010 by 7PM

Agent Aug 20, 2010 EXPECTED LANDLORD RESPONSE: Written notice is being mailed to the landlord and expected to arrive in 3 business days. Following delivery the landlord will have 3 business days to respond. Pending landlord response.

Agent Aug 20, 2010 MAILING PREPARED: Agent has prepared case for mailing.

Agent Aug 20, 2010 LEGAL NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...

Agent Aug 20, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.

Agent Aug 20, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.

Agent Aug 20, 2010 CASE ASSIGNED: Agent S. Paxton ID#204 has been assigned to mediate this case. Pending case acceptance.