|
|
Page Options |
|
|
CASE CLOSED |
FORCE REQUIRED |
Dec 12, 2014 |
Upload File
Upload Image
Contact Agent
RENTAL DETAILS |
Address :
City, State - Zip : , - . |
COMPLAINT DETAILS (from renter) |
BriceGrovePark (BGP) - Leased Jan 2014, models immaculate but our Unit had numerous Maintenance & Repair Issues incl. door seals allowing insects and cold in, a non-heating a/c system in mid-winter, noise/privacy for poor wall insulation & more. New gracious rental agents had no true onsite mgr & complex had severe maint labor shortage. BGP was purchased 3 mo. before our move. Noticed red bumps on us for a while, thought perhaps mosquitoes as unit is lakefront. Had ants & other unknown infestations handled by gracious maintenance. But No ProActive routine inspections or initiative by BGP--only Reactive. Learned to tolerate bugs to avoid being a nuisance to BGP staff. But Tues Oct 14, I John woke up 3AM to bloody sheets & bugs feeding on me. I brought bloody sheets & reported bedbugs to BGP Office Tues Oct 14 after work. Met Orkin Fri Oct 15 who confirmed bedbugs but quickly disclaimed any infestation in adjacent unit where family caused severe damage rending unit un-rentable for 2 months, Open door, filthy unit, I visually inspected when they moved out. Sofa & dresser--possibly infested--were left behind. New Mgmt starting Oct. 2014 took stance I had brought bedbugs in, therefore we must pay for treatment, claiming “you brought the bugs, we would not have rented the unit to you if there were bedbugs.” Orkin report copy was not delivered until Tues Oct.21. Meanwhile I continue as insomniac consumed by bedbugs, etc. I have pics, right arm, side, etc. bugs in plastic bags, other. I understand Landlords are responsible to provide an habitable apartment. Landlords renting out apt infested by bed bugs can be in breach of implied habitability warranty requiring landlords to provide a safe livable unit for renters. Bed bugs are classified as parasites, so unlike other infestations; bed bugs are a far greater breach of implied warranty of habitability than other bugs. With that said, it is clear that landlords are fully responsible for bed bug treatment.
I work a busy schedule for the State of Ohio, lead a Civic Organization and provide for a family. There are costs time, money & effort, possible bodily scarring, psychological phobias & perhaps disease for us. I have not been able to sleep since Oct.14 and still no relief. It is affecting my work. My wife cannot come home due to severe allergies requires EpiPen. We are a one-income family. I am therefore contacting the RPA to file a formal complaint to establish a formal paper trail and documentation.
|
INVESTIGATING AGENT - REMARKS (71) |
Agent |
Date |
Response |
SYSTEM |
Dec 12, 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 |
Dec 11, 2014 |
Final Review Period: The RPA has provided both parties with a 3 day review period for final comments or statements. This case will closed if no additional updates or responses are made for 7 days. Should no responses be made by either party this complaint will be closed. |
|
SYSTEM |
Dec 8, 2014 |
Email Sent to Tenant: The RPA sent the tenant an email. The tenant has been contacted about the pending case closure and requested to make any final comments or statements about this complaint; which will be included on the public record. |
|
SYSTEM |
Dec 8, 2014 |
EMAIL TO LANDLORD: The RPA has sent an email to the landlord: Ashley Blanks. The landlord has been provided with an opportunity to provide any comments or statements concerning this complaint which will be included on the final complaint record. |
|
SYSTEM |
Dec 8, 2014 |
FINAL COMPLAINT REVIEW: The RPA is providing a final review period to allow the tenant or landlord to update the complaint with any information that they would like to be included on the final apartment/ compalint review for: Ashley Blanks BriceGrove Park Apartments, {City, State Zip) Following the review period this case will be evaluated for closure. |
|
SYSTEM |
Dec 8, 2014 |
WARNING! The landlord; Ashley Blanks, of BriceGrove Park Apartments Canal Winchester, Ohio 43110 has been contacted numerous times via written notices sent to . Despite repeated request management has failed to respond within the reasonable time-frames set within this complaint process. The RPA acts without bias during the complaint process. Failure to cooperate is unprofessional and will be documented as such on the landlord public record database. |
|
SYSTEM |
Dec 7, 2014 |
Email Reminder Sent: An email reminder has been sent to the landlord about today's deadline to respond to the tenant filed complaint. |
|
SYSTEM |
Dec 7, 2014 |
RESPONSE DEADLINE DUE TODAY: Management has been provided with a final opportunity to respond to this complaint through bu 7:00PM today. Management has failed to respond to previously mailed written notices concerning this complaint. |
|
SYSTEM |
Nov 30, 2014 |
Landlord Third response dead-line has been set for: December 07, 2014. This is the landlord / manager's last opportunity to respond to complaint case: 23-5045 . |
|
SYSTEM |
Nov 30, 2014 |
3rd NOTICE: The RPA rarely sends out 3rd notices to landlords. A 3rd notice typically indicates that the landlord is unwilling to cooperate or refusing to cooperate. The 3rd Notice has been mailed and is expected to arrive within 3 days. |
|
SYSTEM |
Nov 30, 2014 |
3rd Written Notice: The 3rd and final written notice has been printed, addressed and processed for delivery. USPS has confirmed acceptance of the notice which is in route for delivery. USPS Confirmation: 0 |
|
SYSTEM |
Nov 30, 2014 |
3rd Mailing Requested: At the time of filing the tenant requested a 3rd mailing should the landlord fail to respond. As per the tenant's request the RPA will be preparing one 3rd and final written notice which will be mailed to the landlord in hopes to resolve this complaint. |
|
SYSTEM |
Nov 28, 2014 |
Final Grace Period: The RPA is providing a final 48 hour grace period. Should the landlord fail to respond within this period it may force the RPA to close this complaint due to Ashley Blanks, BriceGrove Park Apartments failure to comply. Failure to comply with this complaint will result in a negative public record. Pending Final Grace Period. |
|
SYSTEM |
Nov 28, 2014 |
FINAL DEADLINE MISSED: Management has been provided with multiple mailings and request to respond to this complaint. Despite repeated attempts to contact the Landlord/ Manager; they have now FAILED to respond to the second extended deadline. |
|
SYSTEM |
Nov 27, 2014 |
FINAL EMAIL TO LANDLORD: The RPA has sent a final email to the landlord to request a response to this complaint concerning "BedBugEtc.Irfestation (SaleComplex) TenantMustPayAllTreatment 8DaysNoRelief." The landlord has also been provided with other written notices. Complaint is pending a response from the landlord or manager. |
|
SYSTEM |
Nov 27, 2014 |
FINAL RESPONSE DEADLINE: The Landlord/ Manager has been contacted via written mail and provided with a final deadline to respond to this complaint. The deadline for a response is today by 7:00pm. |
|
SYSTEM |
Nov 20, 2014 |
This is the supplementing comments from LAndlord's previous response to the case.
BriceGrove response dated November 20, 2014:
" BriceGrove responded to Mr. Best’s complaint on October 30th, and provided an alternative resolution. Mr. Best did not respond to BriceGrove’s proposal. Instead, the case was dropped on November 12th,and BriceGrove was informed that the RPA was no longer mediating the complaint and that no further responses could be made to the complaint. BriceGrove thus participated in the RPA’s resolution process in good faith and took reasonable efforts to try to find a resolution with Mr. Best. The case has apparently been re-opened, but Mr. Best has still not responded to BriceGrove’s proposed resolution.Instead, Mr. Best appears to dispute matters related to BriceGrove’s chronology of events. Mr. Best does not dispute, however, that the treatment of his unit and the two adjacent units took place on October 25th.BriceGrove has not received any complaints from Mr. Best about the unit since that treatment.
Again,BriceGrove denies any wrongdoing in this matter.In a good faith effort to try to resolve the parties’ dispute,BriceGrove again offers its alternative resolution:
1.Treatment of the Bests’ unit pursuant to and consistent with the third-party vendor’s recommendation of October 17th, which treatment was conducted on October 25th.
2.BriceGrove shall pay the full cost of the treatment of the Bests’ unit and the two adjacent units pursuant to and consistent with the third-party vendor’s recommendation of October 17th, which totals $661.13.
3.Mr. and Mrs. Best shall each execute a full release of claims against owner, the management company, and their respective partners, members, directors, officers, shareholders, affiliates, employees, agents, representatives, successors and assigns.
4.Lease terms shall govern the matter going forward. Mr. and Mrs. Best are advised to review the lease terms governing Pest Control and Bed Bugs. " |
|
SYSTEM |
Nov 20, 2014 |
FINAL RESPONSE DEADLINE: A final response deadline has been set for: November 27, 2014by 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 23-5045 is pending final notice and response from landlord. |
|
SYSTEM |
Nov 20, 2014 |
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 |
Nov 20, 2014 |
EMAIL TO LANDLORD: The RPA has sent an email reminder to Ashley Blanks in request for an immediate response to the complaint. Pending Landlord/ Manager Response. |
|
SYSTEM |
Nov 20, 2014 |
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 |
Nov 13, 2014 |
Case 23-5045 is re-opened by System. |
|
SYSTEM |
Nov 13, 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 |
Nov 12, 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 |
Nov 12, 2014 |
Email Confirmation Sent to Landlord: The RPA has sent an email confirmation to the landlord to explain that the tenant has closed the complaint. The RPA is no longer mediating the complaint. |
|
SYSTEM |
Nov 12, 2014 |
Confirmation Email Sent to Tenant: A confirmation email has been sent to the tenant about the requested case closure. |
|
SYSTEM |
Nov 12, 2014 |
The tenant has closed this case. The RPA will no longer be accepting responses to this complaint. |
|
SYSTEM |
Nov 12, 2014 |
LANDLORD UNWILLING TO COOPERATE: The tenant has requested that the complaint be closed due to the landlord, {Landlord Name}, unwillingness to cooperate.
|
|
SYSTEM |
Nov 12, 2014 |
CASE DROPPED: As per the tenant's right; they have chosen to drop this case. No further responses will be accepted. The tenant has requested that the RPA drop the case. The tenant has also agreed that their filing fees are forfeited, regardless of their decision to drop the case early. |
|
SYSTEM |
Nov 12, 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 |
Nov 12, 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 |
Nov 12, 2014 |
No Further Updates: There have been no further updates by either the landlord or tenant for 7 days. This case is now closed. |
|
SYSTEM |
Nov 5, 2014 |
Final Review Period: The landlord has offered a alternate resolution that has not been refused or changed by the tenant. This complaint is considered resolved and will be closed if no new updates are made within 7 days. Pending Final Waiting Period. |
|
SYSTEM |
Nov 2, 2014 |
Email Reminder Sent to Tenant: The RPA has sent an email reminder to the tenant. Should the tenant not respond it will be assumed that the resolution offered by management was acceptable and the complaint will be closed as resolved. |
|
SYSTEM |
Nov 2, 2014 |
No Update From Tenant: The RPA has provided the tenant with 3 days to accept or respond to the alternate solution proposed by management. The tenant has not provided any updates. The RPA is providing a final 3 days for a response. |
|
SYSTEM |
Oct 30, 2014 |
Email Sent to Landlord: The RPA has sent a confirmation email to the landlord with their proposed resolution. Pending Update from tenant. |
|
SYSTEM |
Oct 30, 2014 |
Email Sent to Tenant: The RPA Servers have sent an email to the tenant showing the new proposed resolution offered by the landlord. The tenant has been instructed on how to accept, or reply to the new proposal. Pending update from tenant. |
|
SYSTEM |
Oct 30, 2014 |
TENANT RESPONSE DEADLINE: The Tenant is being provided with 3 days to respond to the new proposed resolution. |
|
SYSTEM |
Oct 30, 2014 |
ALTERNATIVE RESOLUTION BY LANDLORD: The Landlord; Ashley Blanks has offered the tenant an alternate resolution. The resolution purposed is: 1. BriceGrove Park Apartments (“BriceGrove”) strives to have a positive relationship with its tenants. We recognize, however, that an incident may arise in which a tenant and BriceGrove do not see eye-to-eye. This appears to be on such incident. Although we can respect Mr. Best’s frustration with the incident, there is not any basis for alleging wrongdoing by BriceGrove.
The parties’ dispute is governed by express lease terms; specifically, Paragraph 21(B) (Pest Control) and Paragraph 21(C) (Bed Bugs). Under the lease, Mr. Best agreed to report “any pest infestation within 24 hours of observing any such problem” and “any signs of bed bugs immediately.” Mr. Best alleges that his unit had beg bugs for a while, but he “[l]earned to tolerate bugs to avoid being a nuisance to BGP staff.” Mr. Best did not inform BriceGrove that his unit had bed bugs until October 15, 2014, thereby breaching his duties under the lease.
BriceGrove contacted a third-party vendor to inspect the unit. The first available date that the vendor was available for the inspection was October 17, 2014. The inspection was completed the morning of October 17, 2014. In addition to Mr. Best’s unit, the vendor inspected the two units adjacent to Mr. Best’s unit. The vendor concluded that there was not any evidence of infestation in the adjacent units and that Mr. Best’s unit had an infestation. The vendor also concluded that there was not any evidence that the infestation spread from either of the adjacent units. The vendor recommended treating Mr. Best’s unit. The vendor also recommended treating the adjacent units as a preventative measure. 2. BriceGrove immediately contacted Mr. Best to inform him of the inspection’s results and the next steps for treatment. BriceGrove also informed Mr. Best that it was awaiting receipt from the vendor of the prep sheet, the date that the vendor was available for treatment, and the cost for the treatment. Later on October 17, 2014, Mrs. Best picked up the prep sheet and was informed that the Bests would be responsible for reimbursing BriceGrove for the cost of the treatment. On October 20, Mr. Best requested a copy of the vendor’s report. The vendor would not release a copy of the report to Mr. Best, so BriceGrove provided the report to Mr. Best.
3.
The treatment for Mr. Best’s unit and the two adjacent units got scheduled for Saturday, October 25, 2014. Notwithstanding that fact, Mr. Best filed the complaint for this matter on October 23, 2014. At its core, the complaint disputes the vendor-recommended treatment and BriceGrove’s assertion that the Bests are responsible for the cost of that treatment. The lease provides, among other things, that:
• “Resident will cooperate fully with, and to undertake all efforts and tasks required by, Management or any pest control company employed to eradicate pests, including but not limited to making the Premises available for entry to complete inspection and treatment, completing all pre-treatment and post-treatment activities reasonably requested of Resident, and evacuating the premises during and after any treatment for the required time frame.”
• “Resident shall cooperate with pest control efforts. If your unit (or a neighbor’s unit) is infested with bed bugs, a pest management professional may be called in to apply pesticides. The treatment is more likely to be effective if your unit is properly prepared. Residents are to comply with the recommendations from the pest management professional that will be provided with any notice of an inspection or treatment.” 4. The lease further provides under the Utilities and Services box on the first page that Resident is required to pay all pest control services. The lease further provides that “If Resident is not fully prepared for any scheduled treatment or if Resident fails to cooperate fully with any treatment plan causing re-infestation or the treatment to be ineffective, Resident agrees to pay reasonable costs required for proper treatment.” Finally, the lease expressly provides in the Bed Bugs section that “Any breach of the terms of this Section shall be deemed a material default under this Agreement, and Management shall be entitled to exercise all rights and remedies at law or in equity.”
In short, the Bests have a duty under the lease to cooperate fully with the vendor’s treatment plan and pay for the vendor’s pest control services. Notwithstanding the complaint in this matter, and after several days of discord, the Bests did allow for the vendor to treat their unit on Saturday, October 25, 2014, as scheduled. The vendor also treated the adjacent units as recommended. The treatment’s total cost was $661.13. 5. BriceGrove has not requested that the Bests pay for the preventative treatment for the adjacent units, which costs are included within that $661.13. Rather, BriceGrove has only asserted that the Bests are required to reimburse BriceGrove for the portion of the costs attributable to their unit pursuant to the terms of the lease, which is approximately $400 plus tax. Throughout this matter, BriceGrove has performed and satisfied its duties under the lease. The irrefutable evidence establishes that the infestation to the Best’s unit was not caused by the adjacent units and that the Bests did not comply with the terms of the lease governing bed bugs and pest control.
Explanation: BriceGrove denies any wrongdoing in this matter. Nonetheless, in a good faith effort to try to resolve the parties’ dispute, BriceGrove proposes the following resolution:
1. Treatment of the Bests’ unit pursuant to and consistent with the third-party vendor’s recommendation of October 17, 2014, which treatment was conducted on October 25, 2014.
2. BriceGrove shall pay the full cost of the treatment of the Bests’ unit and the two adjacent units pursuant to and consistent with the third-party vendor’s recommendation of October 17, 2014, which totals $661.13.
3. Mr. and Mrs. Best shall each execute a full release of claims against owner, the management company, and their respective partners, members, directors, officers, shareholders, affiliates, employees, agents, representatives, successors and assigns.
4. Lease terms shall govern the matter going forward. Mr. and Mrs. Best are advised to review the lease terms governing Pest Control and Bed Bugs.
|
|
SYSTEM |
Oct 30, 2014 |
EMAIL TO LANDLORD: The RPA has sent an email reminder to Ashley Blanks in request for an immediate response to the complaint. Pending Landlord/ Manager Response. |
|
SYSTEM |
Oct 30, 2014 |
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 26, 2014 |
Delivery Estimate: The complaint notice sent to Ashley Blanks BriceGrove Park Apartments Canal Winchester, Ohio should have arrived or will arrive within 24 hours. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New image uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
As per tenant request, a duplicate copy of the Complaint Notice mailed to the Landlord has printed and is in route to the Tenant's address. USPS Mailing Center has provided the confirmation ID: 0 |
|
SYSTEM |
Oct 23, 2014 |
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 23, 2014 |
PENDING LANDLORD RESPONSE: The landlord or manager have been provided with the following response deadline: October 29, 2014 This deadline provides a reasonable time frame of 3 days for delivery of written notice and 3 days to respond to case # 23-5045 as outlined in the mailed notice. THIS CASE IS PENDING RESPONSE FROM LANDLORD OR MANAGER.
|
|
SYSTEM |
Oct 23, 2014 |
LANDLORD / MANAGER MAILING: Complaint Notice is being delivered to:
Ashley Blanks
6617 BriceGrove Boulevard Canal Winchester, Ohio 43110
USPS Mail center has confirmed acceptance of the complaint notice parcel and provided confirmation ID: 0 |
|
SYSTEM |
Oct 23, 2014 |
MAIL CONFIRMATION: The complaint notice has been processed and is currently in route for 23-5045. |
|
SYSTEM |
Oct 23, 2014 |
COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. |
|
SYSTEM |
Oct 23, 2014 |
COMPLAINT NOTICE PRINTED: The complaint notice has been successfully transferred to the nearest mailing center and is pending mailing confirmation. For Renter |
|
SYSTEM |
Oct 23, 2014 |
Complaint Accepted by RPA and is pending further processing. |
|
SYSTEM |
Oct 23, 2014 |
New file uploaded by Tenant. |
|
SYSTEM |
Oct 23, 2014 |
The RPA server has sent an initial email complaint notice to Ashley Blanks BriceGrove Park Apartments concerning the Complaint filed by the tenant: BedBugEtc.Irfestation (SaleComplex) TenantMustPayAllTreatment 8DaysNoRelief. The email address was provided by the tenant at the time of filing. |
|
SYSTEM |
Oct 23, 2014 |
An email confirmation was sent to the tenant at 10-23-2014 01:00:46. The email included a confirmation of the complaint filing, case number, and pin. |
|
SYSTEM |
Oct 23, 2014 |
CONFIRMATION OF COMPLAINT: A complaint about BedBugEtc.Irfestation (SaleComplex) TenantMustPayAllTreatment 8DaysNoRelief has been filed pertaining to 23-5045 or Ashley Blanks located in Canal Winchester, Ohio 43110. Case is pending mailing confirmation. |
|
SYSTEM |
Oct 23, 2014 |
Complaint 23-5045 has been filed and is in queue for further processing. Pending further updates and confirmation of mailing. |
|
|
|