Landlord Complaint Record: #23-2552

McGarry Management    |    Matt mcgarry    |    North Andover    ,    Massachusetts 01845    Landlord Complaint 23-2552


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CASE CLOSED FORCE REQUIRED May 5, 2014


WARNING! This property/ landlord refused to mediate a fair resolution or respond to this
complaint. Landlord refused to cooperate.
 



Case Number : 23-2552 Filing Date : Jul 22, 2013
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center Jul 24, 2013 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 Aug 23, 2013 The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.

LANDLORD / MGR : Matt mcgarry RENTER : Kept Private
Property Name : McGarry Management      
Address : 401 Andover Street Address : Kept Private
City, State - Zip : North Andover, Massachusetts - 01845. City, State - Zip : Hudson, New Hampshire - 03051.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Bed Bug Complaint/Deposit Problems
Fair Resolution according to renter :
  1. Refund of $900 bed bug extermination cost that was deducted from security deposit
  2. Refund of half-month rent ($425) which was deducted when apartment was inhabitable due to bed bugs (6/3-6/11)
  3. Refund for cleaning fee that was deducted from deposit considering 24 hour notice to move out
  4. Refund for blinds fee that was deducted from deposit considering due to wear-and-tear
  5. Reimburse for RPA fees

RENTAL DETAILS
Address               :   40 AMICI WAY APT 7
City, State - Zip   :   ANDOVER, MA - 01810 3540.

COMPLAINT DETAILS (from renter)

After returning from vacation, at the Sheraton Broadway in North Carolina, I found a total of 3 bed bugs on the sheet of my bed the June 2nd/June 3rd. I am terrified of all insects so when I noticed a small dot on my sheet moving I looked closer and noticed it was a bug, my first thought was maybe a tick somehow. So I killed the bug, flushed it down the toilet and went to bed. The next morning, I happened to see 2 more on my sheet and I was officially disgusted because I knew this meant bed bugs. I text my landlord Matt immediately to inform him and the next day, on a Tuesday morning, he said the exterminator would be there the following Tuesday. I did not argue about the length of time it would take I just grabbed my linens/clothes and stayed away for a week. On June 7th, Matt informed me of a prospective tenant, to help me get out of the lease early, whom wanted to be in by the 15th. Bed bugs were cleared on the 11th, I asked Matt about the prospective tenant, he said he hadn't heard from him. On the 13th, I woke up to many missed calls/texts from Matt asking me to be out by noon the next day for the new tenant. I packed all my things/tried my hardest to get everything out in time. However, I was moving in w/my sister and her family and did not want to risk exposing them to any remaining bed bugs, if any, after the treatment. Matt had already giving me the OK to leave my mattress and box spring at the dumpster but I asked to leave other furniture at the dumpster where he then decided to inform of a $25 dump fee removal which I said was understandable. In the last hour of removing my furniture from the apartment, Matt showed up and was bringing things out of my apartment into the hallway. I, originally, wanted to some cleaning before letting Matt know I was finished but I was uncomfortable/rushed out of there. When I gave him Matt my new address, I asked what I would be getting back b/c I did not think it would be fair to get charged for half-month rent when I could not even stay there. His first response was "Well the bed bug treatment was 900 dollars..." and continued with more complaints. Accusing me of bringing them back because I went away, when no one else I traveled with had this issue. I had asked him not to come in to my apartment for showings while I was away because all my graduation gifts were there and I did not want strangers in there, so I bluffed my brother staying there to avoid awkwardness whom he also accused of bringing bugs.

LANDLORD / TENANT RESPONSES (2)
From Date IP Address Response
Landlord Aug 30, 2013 24.147.167.203 Refuse to resolve complaint.
Renter Jul 31, 2013 67.189.153.124 1. 1.Refund of $900 bed bug extermination cost that was deducted from security deposit due to Mass law 105 CMR 410.550 the landlord is responsible for any extermination. 2.Refund of half-month rent ($425) which was deducted when apartment was inhabitable due to bed bugs (6/3-6/11), again according to Mass law the apartment was considered inhabitable with bed bugs for 9 days. 3.Refund for cleaning fee that was deducted from deposit considering 24 hour notice to move out 4.Reimburse for RPA fees

Explanation: N/A
Renter Jul 31, 2013 67.189.153.124 Offer an Alternative Resolution.
Landlord Jul 30, 2013 24.147.167.203 Explain why you can't accept / Offer Alternative Resolution.

INVESTIGATING AGENT - REMARKS (19)
Agent Date Response
SYSTEM May 6, 2014 OFFICIAL COPY OF COMPLAINT: An official copy of the complaint has been requested by the tenant and mailed out by the nearest mailing center. The tenant should receive the copy of complaint within 3 days.
SYSTEM May 5, 2014 FORCE REQUIRED! After repeated attempts to resolve this complaint; management has FAILED to comply and requires force. The RPA has taken all reasonable efforts to contact the Landlord / Manager. They have REFUSED all request and will require FORCE. This case is closed with a negative disposition.
SYSTEM Aug 23, 2013 FINAL RESPONSE DEADLINE: A final response deadline has been set for: August 30, 2013 by 7:00pm. This final deadline provides the landlord a final written opportunity to respond to the complaint. The landlord is being provided with 3 days for delivery and 3 days to respond. Case 23-2552 is pending final notice and response from landlord.
SYSTEM Aug 23, 2013 2nd MAILING CONFIRMATION: The landlord has failed to respond to the first written notice and deadline. This is the 2nd and Final Notice being mailed to the landlord. The 2nd Notice is in transit and expected to arrive within 3 days. (2nd Notice and Final Notice)
SYSTEM Aug 21, 2013 LANDLORD RESPONSE PAST DUE: The Landlord has failed to respond to the complaint by: August 20, 2013 .The Landlord will be provided a grace period of 3 additional days to respond. CASE IS PENDING LANDLORD RESPONSE.
SYSTEM Aug 21, 2013 PAST DUE RESPONSE: The Landlord or Manger has FAILED to respond by the deadline set within the complaint notice.
SYSTEM Aug 13, 2013 Case 23-2552 is re-opened by System.
SYSTEM Aug 13, 2013 Case has been closed by Tenant request. Tenant is pursuing further legal action.
SYSTEM Aug 13, 2013 The tenant has closed this case. The RPA will no longer be accepting responses to this complaint.
SYSTEM Jul 24, 2013 CERTIFIED MAILING: This case is being sent via USPS Certified Mail:
A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing. A signature is required for delivery of this certified complaint notice.
SYSTEM Jul 24, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: July 30, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-2552 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
SYSTEM Jul 24, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-2552.
SYSTEM Jul 24, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Landlord
SYSTEM Jul 24, 2013 AUTOMATIC EMAIL TO LANDLORD: The system has automatically emailed the landlord a digital complaint notice. Initial Email to Landlord has been sent.
SYSTEM Jul 24, 2013 EMAIL TO TENANT: The system has sent an email to the tenant. The email included a copy of the complaint as filed by the tenant.
SYSTEM Jul 24, 2013 Complaint Accepted by RPA and is pending further processing.
SYSTEM Jul 22, 2013 Complaint 23-2552 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.