Public Mediation

North Woods Apartments-Dispute-#2769518

G. J. vs. North Woods Apartments
8565 Daly Road #5, Cincinnati, Ohio, 45231, United States
Amount Involved: $136.00
Complaint(s): Unreasonable Fees
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: North Woods Apartments
    • Claimant Seeks: View.
    • Claim #: 2769518
    • Amount Involved: 136.00
    • Filed On: Jul 09, 2012
    • Posted On: Jul 20, 2012
    • Complaint(s):
      • Unreasonable Fees
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Statement of Claim
Claimant says:
"I resided at Northwoods Apartment giving them a desposit of $250.00. During my stay at the apartment complex I have always been a model tenant. Paid my rent on time and never made a late payment. I took the upmost care of the apartment lining the cabinets and paying for counter top cover to protect them. I lined the inside of every cabinet with covers to make sure the were also protected. When I decided not to renew my lease this year June 2012 I gave Northwoods Management a 30 day notice. I cleaned the apartment and appliances so that when the apartment was inspected it would be in move in condition. All that had to be done was paint and shampoo the apartment. I asked for a walk through and was told they do not do walk throughs so I decided to take pictures of the apartment and storage areas to prove how clean I left the apartment. There were no stains anywhere and have a witness that helped me clean the apartment. It took over 30 days for them to send me my deposit; however they only sent me $114.00 of my 250.00 deposit citing that there was a blue stain on the kitchen counter and it had to be refinished at a cost of 136.00. I have pictures showing the counters and there are no stains on them. When I called Northwoods Apartments I was told my pictures would not hold up in court and they could have charged me more. I was told they also had pictures of a counter with blue stains on them. I took the pictures basically because they refused to do a walk through. I was told that they rely on the maintanence or cleaning crews evaluation. I worked very hard to clean and make sure that the apartment was in the best condition."
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Additional Communication Between Claimant and North Woods Apartments Hide
  • Jul 16, 2012, Claiming party added:
  • In response to your above reply. Firstly there was no above normal wear and tear on the apartment. I left the apartment at North Woods in very good condition. This to me is what happens to tennants when a walk through is not done. I feel I was taken advantage of because the evaluation to the apartment was done without my being there. It leaves tennant open for these types of charges. I took pictures of the entire apartment which clearly shows there was less than normal wear and tear. As I stated when speaking to you on the telephone I was at work and had to hang up.

  • Jul 16, 2012, Claiming party added:
  • As for my not contacting you by telphone I was away for the weekend and did not get your telephone message.

  • Jul 17, 2012, Claiming party added:
  • Yesterday Monday July 16 I did contacted the representative of North
    Woods apartments explaining I was away for the weekend and did not get her message. I was offered $68.00 of the $136.00 that was taken from my deposit. I did not accept this if I had it would be admitting that there was damage to the counter top and there was on stain on the counter when I moved out. I asked to see the picture of the blue stain and was told the picture would be mailed to me.

  • Jul 24, 2012, North Woods Apartments (responding party) added:
  • Upon further review, we feel confident our move out documentation is accurate and the decision to refinish the countertops due to blue stains. We understand and can appreciate Gloria feels confident in her own documentation, so our best and suggested solution is to meet in the middle in cost and credit her back $68.00, half of the disputed $136.00 charge taken from her security deposit. If Gloria accepts, we will cut and mail the check promptly. Thank you.

  • Aug 16, 2012, Claiming party added:
  • I am sorry for the delay I have been out of town due to a death. I will accept your offer of the 68.00 however I am still not pleased with the idea that you say I left a blue stain on the counter top. I do have pictures of white counters if you would like to see them. During my stay with Northwoods and the fact that you inspected these apartments every 3 or 6 months and never complained to me of any problem in my apartment I was surprised at the evaluation of the inspection results upon my move. By accepting your offer I am in no way admitting that I damaged the ketchen counter.

  • Aug 20, 2012, North Woods Apartments (responding party) added:
  • A check for $68.00 was processed and mailed to the address provided on Friday, August 17, 2012. Thank you.

  • Aug 30, 2012, Claiming party added:
  • I have accepted Northwoods Apt offer to pay half of the $136.00 dedecuted from my deposit to resolve this issuel. I received a check for $68.00. This was in no way my admitting that I left a blue stain on the counter top.

What Claimant Wants Hide
1. Refund: The money they took from my deposit Jul 31, 2012 $136.00
2. Other – Pay for claim posting cost Jul 31, 2012 $7.95
Cash total : $143.95
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "I contacted Gloria via phone to discuss this claim further on Friday, 7/13/12 at 2:27 pm. I explained we have strict move out procedures our manager's follow & I feel confident our pictures document her move out charges accurately. There were blue stains on the kitchen countertop that did not come clean (meaning they were above normal wear & tear to the apartment) requiring us to refinish them, a less expensive option than replacement. However, we were prepared to adjust our charges to try and resolve this claim. But before I could make our offer for her disputed charges, Gloria ended the call not allowing me to make our offer, even though I asked her to not hang up 3 times. I left a message on her home phone the same day at 3:08 pm asking her to call me back if she was interested in discussing it further, but I have not heard from her. Until she contacts us to discuss further, we are not able to make any adjustments to her final account statement."

This claim will remain posted until resolved.

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  • Comment: by Jennifer Sheehy — Online mediator
  • On: 07-22-2012
  • After researching this claim, in the state of Ohio, a landlord must return the security deposit within 30 days after the lease has been terminated. If a portion or all of the security deposit has been claimed for damages, an itemized invoice must accompany the refund. Also, if a tenant lives in the property paying rent for more than 6 months, the landlord must pay interest at a rate of 5% per year. The 30 time period is to allow a landlord to inspect the apartment for possible damage. As both parties have pictures showing either no damage or possible damage, I also took a look at small claims procedures for the state. According to the court website for Hamilton County, a small claims case can be brought for $49. As there seems to be a potential compromise offer, this may be more acceptable after receiving information about the potential for fees in the small claims system.
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