Landlord Complaint Record: #20-0866

Balfour Beatty Communities    |    Michelle Schukoske    |    Groton    ,    Connecticut     Landlord Complaint 20-0866


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CASE CLOSED FORCE REQUIRED Nov 7, 2010


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



Case Number : 20-0866 Filing Date : Sep 28, 2010
Investigating Agent : Kept Private Case Disposition : Force Required
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private Renter Oct 14, 2010
Here is a photo of the back yard, showing the mildew and mold that forms on the back of the house, due to the poor drainage and frequent flooding, problems that have been ongoing for far longer than our time there, and a problem that Balfour Beatty has stubbornly refused to rectify.
upload Kept Private Renter Oct 14, 2010
Here is a photo of the back yard, showing the mildew and mold that forms on the back of the house, due to the poor drainage and frequent flooding, problems that have been ongoing for far longer than our time there, and a problem that Balfour Beatty has stubbornly refused to rectify.
upload Kept Private Renter Oct 7, 2010
This is a view of the dining room, showing the paint that we matched to the upstairs at Lowes that Balfour Beatty initially demanded that we apply, only to later be informed that we did not need to repaint due to the length of time we lived there. Also seen is a new set of blinds, disproving Balfour Beatty's claim that all of the blinds were "destroyed, and needed replacement."
upload Kept Private Renter Oct 7, 2010
This is the dishwasher. Again, claimed to have been "destroyed". The dishwasher that was originally there when we moved in was broken (motor burned out), and it took about a year for a replacement to get installed. The replacement was used, and made a loud grinding noise when in use from the day it was installed.
upload Kept Private Renter Oct 7, 2010
This is the dishwasher. Again, claimed to have been "destroyed". The dishwasher that was originally there when we moved in was broken (motor burned out), and it took about a year for a replacement to get installed. The replacement was used, and made a loud grinding noise when in use from the day it was installed.
upload Kept Private Renter Oct 7, 2010
Here is the view from the downstairs bathroom. The discolored paint is from attempts to clean off the mildew that crept up the wall after the sink faucet failed during a vacation. After getting my command involved, the sink did get fixed, but it was not an easy process.
upload Kept Private Renter Oct 7, 2010
Here is the stove, showing the new drip pans, and some of the appliance paint applied can be seen on the lower right of the stovetop, near the large drip pan. This is the stove that Balfour Beatty claims is "destroyed".
upload Kept Private Renter Oct 7, 2010
Here is the kitchen, from the living room, shortly before departure.
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 : Michelle Schukoske RENTER : Kept Private
Property Name : Balfour Beatty Communities      
Address : 100 Tern Avenue Address : Kept Private
City, State - Zip : Groton, Connecticut - . City, State - Zip : Fargo, North Dakota - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Maintenance Problems, False Damages Claims
Fair Resolution according to renter :
  1. Drop the false damages claims, 2. Refund of damages to personal property by employees, 3.) Sincere apology

RENTAL DETAILS
Address               :   68 Ohio Avenue
City, State - Zip   :   Groton, Connecticut - 06340.

COMPLAINT DETAILS (from renter)

My wife and I lived at 68 Ohio Avenue, in Balfour Beatty's Trident Park Office for a little over 5 years. When we moved out in August, 2010; we had difficulties with getting a checkout done as their workers kept postponing the walk-through, and with my wife's due date fast approaching, we had to leave on the 10th of September. When we moved in, there were problems galore, tiles were loose, broken or missing on the floor. There were a number of plumbing problems, including all the sinks leaking, both ceiling fans did not work right (one sparked when used), as well as a number of electrical problems throughout (broken coverplates, arcing outlets, and a malfunctioning dishwasher.) About a month after we left, we got a phone call from a collections agency, stating that we owed $8000 for damages to the house. There never was a phone call or a letter from Balfour Beatty regarding any charges whatsoever. (We had to make many, many calls to Balfour Beatty in order to get in touch with anyone that knew anything about what was going on. Many of the "damages" listed in their invoice (found out over the phone what those were), were things that we had been complaining about for years to their maintenance division. Other things on the list were simply not true, and we have photographs to prove it. (Claims that we destroyed the stove, windows, and bathtub, for example.) Balfour Beatty is refusing to work with us, and continues to claim that they have kept the maintenance up, which is patiently not true, and I have a number of witnesses that will attest to that fact. Everything on their list of damages is either new, or has been an ongoing problem, and again, Balfour Beatty refuses to resolve the problems.

LANDLORD / TENANT RESPONSES (5)
From Date IP Address Response
Renter Oct 23, 2010 67.61.191.100 It should also be worth mentioning that the "damages" that they claimed, such as the stove and screens have been disproved by the photos I posted. Several other of the damages do not make sense, such as "28 switchplate covers". There is less than a dozen of such switchplates in the entire unit, and then there is the entire issue of the smoke detectors. The detectors that were in the unit were in working condition when we left, not to mention we replaced the batteries for them ourselves with less than 3 months prior to our move out. Further to mention about the detectors, is that the type of detector is not up to code, and Balfour Beatty would have to replace them when the unit was renovated. It definitely seems that Balfour Beatty is trying to make us pay for work that is their responsibility to upgrade and/or make us pay for normal wear and tear.
Renter Oct 23, 2010 67.61.191.100 This has been pretty well par for the course with Balfour Beatty, when it comes to problems with their personnel, maintenance, and the poor condition of their buildings, there is no attempt on their part to reach common ground. Ask around, especially in Trident Park, and you will find few Balfour Beatty fans. The only reason most military personnel move to Balfour Beatty's housing areas is out of the simple fact that they have a monopoly on housing close by to bases, and the fact that the military seldom gives very long to find new housing when transferring from one duty station to another. I do not understand why Balfour Beatty is still claiming that we owe them anything, as due to their threats, my wife has already paid them. Despite my best attempts, Balfour Beatty refuses to discuss the problems that we have had with them for the last 5 years, and it definitely feels like this last spat is nothing more than retaliation for our having to have my commands in the Navy get involved to get the safety problems with our unit rectified. We were not the only ones with such problems with them either, for example, Balfour Beatty rented out a unit next to us to two different families, with a front door that would not latch at all, and had serious plumbing issues. It definitely seems as though Balfour Beatty needs to understand that it's renters are people that have needs and concerns, and not just a means of lining their pockets.
Renter Oct 11, 2010 67.61.191.100 Due to the number and nature of the threats made by Balfour Beatty and the collections agency that they hired, my wife panicked and paid the "damages" claim, despite the fact that we are still fighting the validity of the claim.
Renter Oct 7, 2010 67.61.191.100 I have many pictures taken from before we left. With my wife experiencing pre-labor cramps, and Balfour Beatty's refusal to even to attempt to accomodate her needs, we left. There was no vulgarity in the notes left on the door, other than explaining that it was irresponsible for them to demand us to stay longer than we did, due to my wife's pregnancy. As it was my wife gave birth within a day of the completion of the move. Had we stayed longer, as per Balfour Beatty's orders, my wife would have been stuck at a hospital en route with a c-section. We left the house in better shape than we got it in. The black mold problem and mildew was nowhere near as bad as it was when we moved in. (The agent, Yolanda, when we moved in gave us the choice of that house or nothing.) Claiming that we broke light fixtures, and smoke detectors, and the stove (the stove was scratched up and had rusty drip pans, I bought new pans out of pocket, and applied appliance paint to the scratches) were complete lies. What property was "missing"? We asked Balfour Beatty several times about how to go about getting the trash on the boulevard taken care of, to only be treated horribly, and not to even get a response to the question. The address that we gave Balfour Beatty is NOT the address that they sent the notices to. It is my feelings that this entire problem is nothing more than retailiation for us seeking outside help in the past regarding Balfour Beatty's poor upkeep of the Trident Park units (ask around, and few living in Trident Park will have positive things to say about Balfour Beatty), especially with their negligence in taking care of the drainage problems that contributed to the black mold and mildew problems on the outside of the unit. It took getting my command involved many times to get problems fixed, such as the malfunctioning light fixtures, and other times, such as the replacement of electrical outlets in the bathrooms was left up to us. The property manager has made no attempts to resolve the problems, other than to continue to claim false damages and to continue to belittle those in the military.
Landlord Oct 6, 2010 75.194.190.246 In reference to case #20-0866,the landlord, Northeast Housing LLC, a joint venture entity between Balfour Beatty Communities and the Department of the Navy ("Landlord"), denies any allegations by the former resident regarding maintenance failures or false damages claims. Per the terms of the applicalble lease, tenants are required to return the property in the same condition as that decribed in the property condition report acknowledged by the tenant upon move-in, less ordinary wear and tear. The lease also provides that the Landlord is permitted to charge the resident for any damage or deficiency regarding the property and that if the resident does not attend a move-out inspection of the premises, then the resident will accept the Landlord's assessment of damages. Mr. Thompson scheduled a move-out inspection (after modifying the requested date several times) and failed to be present during such final inspection. Instead, the Landlord's property manager arrived at the premises to find the resident had already vacated and locked the keys in the home with a note containing offensive language directed toward the property staff. The condition of the property was found to be in a filthy state with piles of trash on the lawn, and numerous instances of damaged/missing property were identified. Accordingly, the resident was assessed for reasonable damages/costs incurred by the Landlord to restore the propery, in accordance with the terms of the lease. Several notices of charges due were properly mailed to the resident's forwarding address as provided by Mr. Thompson to the Landlord, which notices indicated that failure to pay the charges would result in forwarding of the claim to a collection agency. The property manager has attempted to resolve this matter with Mr. Thompson, however, he denies any responsibility and has been belligerent toward our staff. In the event that Mr. Thompson continues to refuse to make full payment for the properly assessed damages/claims to the property, the Landlord will exercise all rights and remedies available under the law.
Renter Sep 30, 2010 67.61.191.100 Another thing I should mention is the poor state of maintenance is, due to the poor drainage behind the house, black mold and mildew was a constant problem, and we were constantly having to scrub the back wall of the house, both inside and out to try and keep that problem in check. The tenant that lived there before us had left because of that same problem. We had to threaten to call the health inspector to get action from Balfour Beatty one year (during the five years we lived there, Balfour Beatty power washed and cleaned the mold off only once.) We tried to get Balfour Beatty to move us to a different unit, but they insisted on making us pay around a thousand dollars out of pocket for such a move.

INVESTIGATING AGENT - REMARKS (22)
Agent Date Response
Agent Oct 30, 2010 FINAL 3 DAYS: The agent will allow a final 3 business days for responses. Following the 3 business days the agent will be required to close the case, unless the landlord becomes responsive.
Agent Oct 30, 2010 LANDLORD NON-RESPONSIVE: Agent has provided the landlord with more than reasonable time to respond to the updates made by the tenant. Tenant has provided documentation to support her claims.
Agent Oct 20, 2010 FINAL RESPONSE PERIOD: Agent is providing both parties with 1 week to create final statements. Agent will review statements to determine if further mediation is applicable.
Agent Oct 20, 2010 NO ACCEPTANCE: Neither the landlord or the tenant have been able to reach terms that they can both agree on. The agent will provide a full week for responses to determine if further mediation is applicable.
Agent Oct 20, 2010 TENANT: The tenant has made it clear that they disagree with the charges and feels that they are not her responsibility.
Agent Oct 20, 2010 LANDLORD RESPONSE: Landlord has not provided the tenant any type of settlement and remains firm that the tenant is responsible for the damages. Landlord has requested that the charges be paid immediately or they will pursue further action.
Agent Oct 14, 2010 LANDLORD REQUEST: Landlord is provided with 3 business days to respond to the tenants photos.
Agent Oct 14, 2010 PHOTOS UPLOADED: Tenant has uploaded photos to the complaint to further validate her complaint.
Agent Oct 14, 2010 LANDLORD REPONSE: Agent has requested that the landlord respond to the new uploads provided by the tenant. Pending landlord response...
Agent Oct 14, 2010 PHOTOS UPLOADED: Tenant has uploaded photos to validate her complaint. Tenant has provided evidence to support her claims.
Agent Oct 6, 2010 1 WEEK FOR PROOF: Agent is providing 1 full week for all parties to upload documentation to substantiate their statements. Agent will review responses to determine if this case can be fairly resolved through mediation.
Agent Oct 6, 2010 AGENT REVIEW OF RESPONSE: Landlord is not willing to offer a resolution other than demanding full payment. Tenant is requested to respond to response made by landlord. Agent has also asked that either party provide evidence to justify their standing. If tenant is responsible, why. If tenant is NOT responsible, why? Is there any proof that damage did or did not occur? Currently, both parties have made claims but neither has provided any supporting documents to substantiate their claims.
Agent Oct 6, 2010 LANDLORD RESPONSE: Landlord has responded to the complaint and has denied any allegations regarding maintenance failures. Landlord states that the property was damaged and not returned as agreed thus all charges are justified. Landlord has made it clear that she is unwilling to adjust charges and will pursue all charges.
Agent Sep 29, 2010 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7009 2820 0000 7830 8060 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Sep 29, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: October 7, 2010 by 7pm
Agent Sep 29, 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 Sep 29, 2010 MAILING PREPARED: Agent has prepared case for mailing.
Agent Sep 29, 2010 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 Sep 29, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Sep 29, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Sep 29, 2010 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.