Landlord Complaint Record: #23-3077

Hawthorne, LLC    |    Marilyn S. Light    |    Overland Park    ,    Kansas 66209    Landlord Complaint 23-3077


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CASE CLOSED MEDIATION REFUSED May 5, 2014


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



Case Number : 23-3077 Filing Date : Oct 3, 2013
Investigating Agent : Kept Private Case Disposition : Mediation Refused
Complaint Level : Code Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Landlord Oct 15, 2013
Case #23-3077

upload Kept Private RPA Mailing Center Oct 3, 2013 The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.

LANDLORD / MGR : Marilyn S. Light RENTER : Kept Private
Property Name : Hawthorne, LLC      
Address : 5315 West 120th Terrace Address : Kept Private
City, State - Zip : Overland Park, Kansas - 66209. City, State - Zip : Overland Park, Kansas - 66209.
Phone : Kept Private Phone : Kept Private

COMPLAINT : Bed Bug Financial Responsibility
Fair Resolution according to renter :
  1. That Hawthrone Apartment company provide payment for bed bug treatment in the amount of $400.

RENTAL DETAILS
Address               :   
City, State - Zip   :   , - .

COMPLAINT DETAILS (from renter)

It has been confirmed by Blue Beetle Termite and Pest management that our apartment has bed bugs. We feel that it is the responsibility of the apartment complex to provide that service. We do not feel that we should be responsible to pay the $400 to treat the bed bug problem since it is the responsibility of the apartment complex to provide its tenants with a habitable apartment. Bed bugs are classified as parasites and this is a breach in the implied warranty of habitability that landlords are required to provide for its tenants. We feel that a bed bug infestation is a health hazard which can in some cases even cause anemia. Additionally, the apartment complex denies inspecting our neighboring adjacent units which the bed bugs could have possibly originated. Also, the apartment complex treated our apartment today without allowing me to seek out my own pest company, which essentially they are forcing me to go with their company of choice. I asked them if I would be able to go with another company and they denied me saying that I had to go with their company. Additionally, I have spoken with other pest companies about the bed bug treatments and to my knowledge, it is being treated improperly which will result in a re-infestation. I would also like to request that Hawthrone apartments reimburse me for the fees associated with filing this complaint.


LANDLORD / TENANT RESPONSES (0)
From Date IP Address Response
Landlord Oct 15, 2013 216.43.242.34 Explain why you can't accept / Offer Alternative Resolution.


INVESTIGATING AGENT - REMARKS (23)
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 REFUSED RESOLUTION: The Landlord or Manager has REFUSED to resolve this complaint. The RPA has made beyond reasonable efforts to work with the Landlord / Manger to find a resolution to the complaint. Management has refused all reasonable measures to resolve this complaint. Due to the unwillingness from management , the RPA has no choice but to close this case with a negative disposition. Case Closed.

SYSTEM Oct 15, 2013 FINAL 3 DAY RESPONSE PERIOD: The RPA is providing a 3 day response period for additional updates by either party. The tenant may at their discretion offer an alternative resolution. Pending further updates.

SYSTEM Oct 15, 2013 Email Sent to Tenant: The RPA has sent an email to the tenant showing managements explanation as to why they can't accept the tenants resolution or provide an alternative resolution.

SYSTEM Oct 15, 2013 LANDLORD UNABLE: According to the response made by Kristin Frazier, management is not able to accept the tenant proposed resolution, nor are they able to offer an alternative. This case will be documented as Refused to Mediate.

SYSTEM Oct 15, 2013 LANDLORD EXPLANATION: The Landlord Kristin Frazier cannot accept the tenant's resolution nor provide an alternate resolution as per the statement provided: In response to the referenced complaint by Taryn Gort, Apartment #137, case #23-3077, dated October 3, 2013, whereby Ms. Gort requested reimbursement for the cost of the treatment for bedbugs within her apartment #137, in the amount of $400.00 is denied. The inspection and treatment for the extermination of bedbugs in Ms. Gort's apartment #137 was invoiced to the landlord at $433.51. Blue Beetle Pest Management additionally inspected the adjacent apartment units and found no signs of bedbugs in any of those apartment units. Therefore, any and all costs associated with the bedbug eradication shall be at the tenant's expense not the landlords. Marilyn S. Light, The Peterson Companies, Legal Department

SYSTEM Oct 15, 2013 New file uploaded by Landlord.

SYSTEM Oct 11, 2013 LANDLORD RESPONSE PAST DUE: The Landlord has failed to respond to the complaint by: October 10, 2013 .The Landlord will be provided a grace period of 3 additional days to respond. CASE IS PENDING LANDLORD RESPONSE.

SYSTEM Oct 11, 2013 PAST DUE RESPONSE: The Landlord or Manger has FAILED to respond by the deadline set within the complaint notice.

SYSTEM Oct 10, 2013 PENDING LANDLORD RESPONSE: The complaint case is still pending a response from the Landlord or Manager. The landlord has been requested to respond by end of the day. Case pending update from the landlord or manager.

SYSTEM Oct 6, 2013 Delivery Estimate: The complaint notice sent to Kristin Frazier Hawthorne, LLC Overland Park, Kansas should have arrived or will arrive within 24 hours.

SYSTEM Oct 3, 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 Oct 3, 2013 PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: October 09, 2013 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-3077 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.

SYSTEM Oct 3, 2013 LANDLORD / MANAGER MAILING: Complaint Notice is being delivered to:
Kristin Frazier
5315 West 120th Terrace
Overland Park, Kansas 66209

USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 42068419

SYSTEM Oct 3, 2013 MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-3077.

SYSTEM Oct 3, 2013 COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation.

SYSTEM Oct 3, 2013 Complaint Accepted by RPA and is pending further processing.

SYSTEM Oct 3, 2013 An email confirmation was sent to the tenant at 10-03-2013 17:18:37. The email included a confirmation of the complaint filing, case number, and pin.

SYSTEM Oct 3, 2013 An email confirmation was sent to the tenant at 10-03-2013 17:00:14. The email included a confirmation of the complaint filing, case number, and pin.

SYSTEM Oct 3, 2013 An email confirmation was sent to the tenant at 10-03-2013 16:28:35. The email included a confirmation of the complaint filing, case number, and pin.

SYSTEM Oct 3, 2013 CONFIRMATION OF COMPLAINT: A complaint about Bed Bug Financial Responsibility has been filed pertaining to 23-3077 or Kristin Frazier located in Overland Park, Kansas 66209. Case is pending mailing confirmation.

SYSTEM Oct 3, 2013 Complaint 23-3077 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing.