Landlord Complaint Record: #20-1236

Theodore Mouzakis    |    Atkinson    ,    New Hampshire 3811    Landlord Complaint 20-1236


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CASE CLOSED UNRESOLVED Mar 2, 2011


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



Case Number : 20-1236 Filing Date : Jan 28, 2011
Investigating Agent : Kept Private Case Disposition : Unresolved
Complaint Level : Code 4 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
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 : Theodore Mouzakis RENTER : Kept Private
Property Name :      
Address : Theta Reality LLC Address : Kept Private
City, State - Zip : Atkinson, New Hampshire - 3811. City, State - Zip : Portsmouth, New Hampshire - 03801.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Bed Bug Infestation of building
Fair Resolution according to renter :
  1. Chemical or thermal treatment of entire building for bed bug infestation.
  2. Monitor and treat for reinfestation of entire building.
  3. Reimburse or compensate for all out of pockect expenses incurred.
  4. OR, 1,2,3 as listed above for my apartment, release from the lease and a retreatment prior to moving.
  5. Full reimbursement of 1800.00 security deposit.

RENTAL DETAILS
Address               :   1150 Woodbury Ave. No. 5
City, State - Zip   :   Portsmouth, New Hampshire - 3801.

COMPLAINT DETAILS (from renter)

This has been an ongoing problem that the landlord refuses to acknowledge, each time there is an occurance the landlord denies bed bug infestation. My fiance and I moved in on 15Jun10, it became immediately apparent that the building had a preexisting condition. On 19Jan11 I found evidence of bed bug infestation in apartment 5 (our apartment). On 22Jan11 a proffessional(provided by the landlord)confirmed the insects found were bed bugs. The exact chronicalogical order and times to the next staments may be established if the landlord kept records of there occurances. Through conversation with the exterminator it was revealed that apartment 1 in the building had been treated for infestaion. Up until the exterminator verified prior infestation(apt 1) the landlord vehemently denied any infestation at all. Following the conversation the landlord now admits to one occurence other than ours. The exterminator also revealed that apartments 2 and 3 had been treated and implied that they were probably infested also. The landlord claims this was preventive measures. During that time I talked with the tenant in apartment 2, they showed me what appeared to be bug bites covering their upper torso and arms, I suggested the seek medical attention. Since that time apartment 6 claimed bed bugs and was allowed to break the lease. The landlord said that the resident of apt. 6 was making false allegations of infestation as an excuse to break the lease for other reasons(yet allowed them to break the lease without repercussion). I have observed a steady stream of clothing, carpets, matresses and box springs in and around the dumpster. The landlord replied the last incident was due to illegal dumping and claims he has reported it to the police. I have spoke with a couple other proffessional exterminators, relating my experiences, it is their opinion that the entire building should be treated, preferably with heat then spray to prevent reoccurance

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Feb 19, 2011 71.232.209.13 My original complaint was essentially two issues. The first issue was the landlord rents and allows leases to be signed knowing that he has an infestation problem in the building. Although he denies this, I am sure any type of investigation would prove otherwise. The landlord knowingly allowed me to sign a lease, subjecting my fiancee, our personal property, and myself to risk of infestation. I think a building in this condition should be considered uninhabitable. Secondly, my solution to this was stated in the tenant purposed resolution section of my complaint line items 1, 2 and 3. From the landlords written response, he has not done this. The landlord had decided to do a minimal treatment of our apartment bedroom only. The landlord is only disrupting the bedbug cycle as he has done in the past in other apartments in the building, not eliminating it. We have incurred some damages of personal property and can provide photographs as well as receipts of expenditures. Ultimately, we feel that numbers 1, 2, and 3 of our inital complaint have not been addressed.
Landlord Feb 7, 2011 75.68.1.128 Theta Realty Inc, has no historical or preexisting condition with bed bugs...our 1st experience came only a couple months after mr Glenn Hodgman and the tenant on aparment #1 move in to our bulding ...we take care our bulding and our tenant very well ...and after a phone call from mr Glenn Hodgman the same day I contacted a couple of pest controll professional to evaluate the problem and took action right the way but mr: Glenn Hodgman he wanted to treat with Thermal treatment, because this treatment was expensive. I talked to Mr Glenn to pay the difference..but finaly he let me to treat the apartment wwith chemical and we will monitor the entire building for a minimun of three months. Thank you Theta realty LLC Theodore Mouzakis

INVESTIGATING AGENT - REMARKS (15)
Agent Date Response
Agent Mar 2, 2011 CASE CLOSURE: Tenant feels that the landlord has not addressed the complaint fairly and is seeking further options. The RPA can no longer mediate this case as the landlord is not willing to provide any other solution other than the one provided, which the tenant feels is not acceptable.
Agent Mar 2, 2011 NO FURTHER RESPONSE: The landlord is not willing to provide any further response to this complaint despite the tenants request. Landlord is not willing to offer any solution that is acceptable to the tenant.
Agent Feb 23, 2011 REQUEST FOR LANDLORD UPDATE: The agent has requested that the landlord update the case based on the tenants last statement. The agent will provide one final week.
Agent Feb 22, 2011 TENANT UPDATE: Tenant has made a statement that the landlord has NOT address the complaint and has not resolved any of the issues.
Agent Feb 9, 2011 TENANTS RIGHT TO RESPOND: The tenant has right to respond to the response made by the landlord. Agent will review the response to determine if further mediation is applicable to this case. Agent will allow one week for the tenant to respond. Pending tenants response...
Agent Feb 1, 2011 WRONG MAILING: Tenant failed to provide correct mailing address for landlord. Agent has corrected the mailing address by searching business listings. Mailing being sent to: 36 HEMLOCK SHORE DR Atkinson, New Hampshire 03811
Agent Feb 1, 2011 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7010 0780 0000 1430 2928 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Feb 1, 2011 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: FEB 8th, 2011 by 7pm
Agent Feb 1, 2011 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 Feb 1, 2011 MAILING PREPARED: Agent has prepared case for mailing.
Agent Feb 1, 2011 COMPLAINT NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...
Agent Feb 1, 2011 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Feb 1, 2011 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Feb 1, 2011 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.