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My Claim vs. A.C.E. Property Management

C. M. vs. Ace Property Management
4660 S Eastern Ave Ste 205, Las Vegas, Nevada, 89119-6139, United States
Amount Involved: $5,587.54
    • Claimant Seeks: View.
    • Claim #: 1119213
    • Amount Involved: 5,587.54
    • Filed On: Jan 13, 2017
    • Posted On: Jan 24, 2017
    • Complaint(s):
      • Failure to repair/replace basic household utilities
      • Refusal to refund rent deposit
      • Refusal to refund cleaning deposit
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Statement of Claim
Complaints Involved (4) - View
Claimant says:
"Property management company rented us a house with known electrical problems taking place in the home. Less than a month after moving in the home, the electrical breaker box located inside the garage blew causing almost all of the plug outlets inside the home not to work. Made numerous attempts to get the property management company to resolve repairs for the defective electrical breaker box and non working plug outlets. Mailed written notice advising the property manager of needed electrical repairs. The property manager finally responded via letter acknowledging the reported electrical problems in the home but failed to repair. As a result, while away from home, an electrical fire took place starting in the garage where the defective electrical breaker box was located. The fire department put out the fire and disconnected the power and gas for security purposes. The home was without essential services and became uninhabitable as a result. The property manager came to the home the following day and told us we needed to find somewhere else to live because it was going to take several months before the home could be repaired. We were not required to pay rent that month because the home was uninhabitable and we had to permanently relocate. The property manager fraudulently tried to cash that month's rent anyway without our knowledge and the check bounced. The property manager purposely waiting until after we vacated the home to send notice of the returned rent check and his intent to take legal action if we did not resolve it. The property manager knew he was not entitled to rent for that month, which is why he didn't want us to receive his notice. We never received the notice because the property manager purposely sent it to the address of the home we vacated from. The property manager reported false information regarding the rent check in a complaint to the DA Bad Check Unit and as a result, criminal charges were filed against me and a bench warrant was issued for my arrest. I received a letter from the DA two months after the fact advising me of the charges and warrant. I resolved the warrant by paying an attorney $3,500 and I got the charges dismissed after paying $1,025 restitution for the rent check. I sent a 10 day demand letter to the property management company for reimbursement of the $3,500 attorney retainment fee, reimbursement of the $1,025 restitution I paid and the money for our security deposits that were not yet returned. The property management company responded saying that I was responsible for my own legal fees. However the charges in my case were a direct result of the property management company reporting false information in a complaint to the DA Bad Check Unit for a rent check they were not entitled to. If the property management company is claiming they already paid me the money for my security deposits, then they are responsible for paying my moving expenses to permanently relocate from the home. The fire that caused me to have to move was a result of the property management company failing to repair reported electrical problems in the home.

The property management company has violated the following Nevada Laws:

NRS 118A.290(1)(e)

NRS 118A.355(1)(a)

NRS 118A.380(1)

NRS 118A.400(2)

NRS 118A.242(6)

NRS118A.510(1)"
...
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Claimant timeline (29) - Hide
  • 05-25-2015 — Entered into a one year rental lease agreement.
  • 06-06-2015 — Electrical Breaker Box inside garage blows causing almost all of the plug outlets inside the home not to work.
  • 06-08-2015 — Next door neighbor tells us he was shocked the property management company let us move into home because the previous tenants stripped the wiring before they vacated and it hadn't been repaired yet.
  • 06-11-2015 — Cox Communications had to come to the home 4 different times to get the cable, phone and Wi-Fi internet service installed because they said the wiring was jury-rigged and needed completely redone. As a result, the phone and modem had to stay in the bedroom closet to the garage in order for us to be able to have service.
  • 06-06-2015 — Made numerous attempts via phone calls and voice messages to get the property management company to remedy the defective electrical breaker box and non-working plug outlets. No calls were acknowledged, no messages were ever returned.
  • 07-01-2015 — Made numerous attempts via phone calls and voice messages to get the property management company to remedy the defective electrical breaker box and non-working plug outlets. No calls were acknowledged, no messages were ever returned.
  • 08-01-2015 — Mailed written notices to the property management company advising them of the electrical problems taking place in the home, involving the defective electrical breaker box and non-working plug outlets. Advised the property management company to repair the electrical problems in the home immediately.
  • 08-26-2015 — Received letter from the property management company acknowledging the reported electrical problems in need of repair, but they just put a phone number in the letter and told us to call it to have them send out an electrician to the house.
  • 08-27-2015 — Although it was not the responsibility of the tenant to resolve the electrical problems in the home, in an effort to resolve the matter, we made numerous attempts to try and reach someone at the phone number provided in the letter. Nobody ever answered at the phone number provided and it did not give the option to leave messages.
  • 09-01-2015 — Continued making numerous attempts all month to get a hold of someone at the phone number provided in the letter from the property manager to have an electrician sent out for repairs. All attempts were unsuccessful.
  • 10-01-2015 — Continued making numerous attempts all month to get a hold of someone at the phone number provided in the letter from the property manager to have an electrician sent out for repairs. All attempts were unsuccessful.
  • 10-01-2015 — Made numerous attempts all month to notify the property management company that we could never get a hold of anybody at the number they provided in their letter and the electrical problems went unrepaired.
  • 11-01-2015 — Continued making numerous attempts all through December 2015, to notify the property management company that we could never get a hold of anybody at the number they provided in their letter and the electrical problems went unrepaired.
  • 01-03-2016 — While away from home, an electrical fire took place in the garage where the defective electrical breaker box was located. The Las Vegas Fire Department resolved the fire and disconnected the power and gas for security purposes. The home was without essential services (no power, no gas, no hot water, no heat, etc) and became severely uninhabitable and hazardous as a result of the fire.
  • 01-04-2016 — The property manager came to the house and informed us that we needed to find somewhere else to live because he said it was going to take several months before the damage would be repaired. We advised the property manager that we could not afford to move and that we had just mailed out the January 2016 rent check payment just a few days before the fire took place. We were not required to pay rent for January 2016 because the home was without essential services and we had to move. The property manager told us to use the money we would normally have used to pay that month's rent towards the costs to permanently relocate and that he would tear up and dispose of the January 2016 rent check payment we sent as soon as he received it in the mail.
  • 01-05-2016 — The property manager made another trip to the house to see if we found another place yet. We told him about an apartment we were able to find to relocate to, but that we still didn't have enough money to cover all the security deposits to move into the apartment and the costs for the actual move (moving supplies, movers, uhaul rental, etc) The property manager asked us how much money we needed to cover the costs to permanently relocate from the home to the apartment. We estimated $2,000 plus the two non refundable $45 application fees (one for my husband and I and one for our son)
  • 01-06-2016 — The property manager came to the house and provided my husband and I with a check for the $2,090 needed to cover the moving costs.
  • 01-07-2016 — We went to the apartments to complete the applications for the apartment and we were approved. We paid the security deposits for the apartment and were told the apartment would be ready for move in on January 15, 2016.
  • 01-09-2016 — The property manager came to the house to ask about our relocating progress. I informed him that the apartment wouldn't be ready until January 15, 2016. My family and I had to suffer in the uninhabitable house with no power, no heat, no hot water, etc until January 15, 2016.
  • 01-15-2016 — The property manager was present in the home when we vacated the home, having permanently relocated to the apartment. I provided the property manager with our new address so he could send us our security deposits.
  • 02-23-2016 — Made several calls and left several messages advising the property manager to provide us our security deposits that were never returned. No messages were ever returned.
  • 04-09-2016 — Mailed written notice to the property management company advising to return our security deposits.
  • 04-26-2016 — Received letter from DA Bad Check advising me that I had been charged with a felony crime for a bad check and that a warrant had been issued for my arrest.
  • 05-01-2016 — Retained lawyer for $3,500 to revolve bench warrant.
  • 06-15-2016 — I learned through a copy of the discovery for my case that the property manager intentionally waited until AFTER I permanently vacated the home to sent a notice stating that he deposited the January 2016 rent check into his bank account that he was supposed to tear up and dispose of as soon he received it because I was not required to pay rent for January 2016, due to the home being without essential services and uninhabitable from the fire. The property manager fraudulently tried to deposit the January 2016 rent check and it bounced. It was returned due to insufficient funds. The funds were used towards relocating from the home which the property manager was fully aware of. The notice also stated that the property manager was going to take legal action if I didn't resolve the rent check that was returned unpaid. The property manager didn't want me to receive the notice because he already knew he was not entitled to rent for January 2016 and that he was supposed to tear up and dispose of the January 2016 rent check as soon as he received it in the mail. The check was returned on January 7, 2016. I remained at the address of the home until January 15, 2016. The property manager periodically made trips to the house from January 7th - January 15th, 2016, but purposeless waited until January 25, 2016 to send his notice, knowing I already moved from the home on January 15, 2016 and even provided the property manager with the new mailing address of the apartment so he could send the security deposits. The notice was returned to the property manager as undeliverable. The property manager then reported false information in a complaint to the DA Bad Check Unit claiming that I intentionally wrote him a bad check for rent for January 2016 with the intent to defraud him. The property manager claimed that I occupied the personal property in January 2016, therefore owed the rent for January 2016. All false! As a result of the property manager reporting false information in his complaint to the DA Bad Check Unit and failing to serve me notice, felony criminal charges were filed against me for the January 2016 rent check and a warrant was issued for my address. I had to pay an attorney retainment fee of $3,500 for a lawyer to resolve the warrant and $1,025 for restitution to satisfy the January 2016 rent check the property manager falsely reported to the DA Bad Check Unit. The case was then closed/dismissed.
  • 12-22-2016 — Paid $1,025 restitution to the DA Bad Check Unit for the January 2016 rent check that was credited to the property management company for the January 2016 rent check they falsely reported they were entitled to by reporting false information in their complaint.
  • 12-22-2016 — Case was finally closed and charges were dismissed.
  • 12-26-2016 — December 2016 - After the case was finally resolved, I sent a ten day letter to the property management company for the security deposits, reimbursement for the $3,500 I had to pay for an attorney and reimbursement for the $1,025 I had to pay the DA for restitution for the January 2016 rent check.
  • 01-06-2017 — The property manager responded to the demand letter saying that the move out check he provided on January 6, 2016, in the amount of $2,090 to cover the moving costs so we could permanently relocate from the house to the apartment, was the money for our security deposits and refund of the January 2016 rent check he was not entitled to. All false. The amount of the move out payment does not total the amount of our security deposit and January 2016 rent check. The property manager failed to repair the electrical problems we reported in the home. As a result, an electrical fire took place in the garage where the defective electrical breaker box was located. The damage from the fire left the house without essential services, which made it uninhabitable forcing my family and I to permanently relocate. We feel that the property management company is responsible for our moving expenses because the electrical fire would not have happened if the property manager would have repaired the electrical problems we reported taking place in the home. We feel that the property management company is responsible for paying the attorney retainment fee because the criminal charges and warrant were a direct result of the property manager reporting false information in a complaint to the DA Bad Check Unit for the January 2016 rent check he fraudulently tried cashing when he was not entitled to rent for January 2016 because the home was uninhabitable and because we vacated the home. We did not occupy the personal property for the month of January 2016 like the property manager reporting in his complaint to the DA Bad Check Unit. I was never given the opportunity to prevent criminal charges being filed against me because the property manager purposely waiting for me to vacate the home before sending his notice to the address of the home knowing I no longer lived there to receive it. The property manager did not deny, dispute or disagree with any of these facts in his response to the demand letter. We are suing the property management company for our security deposit in the amount of $1,062.54. Reimbursement for the $3,500 attorney retainment fee and $1,025 restitution payment. If the property manager wants to all of sudden falsely claim the $2,090 move out payment he provided to us on January 6, 2016 for the purpose of covering our moving costs as really being the money for our security deposit, then we are suing for at least a portion of the costs of our moving expenses since the property manager is at fault for failing to repair the reported electrical problems we reported in the home, which led to the electrical fire causing the home to be without essential services and uninhabitable which resulted in our need to permanently relocate.
Additional Communication Between Claimant and Ace Property Management Hide
  • Jan 13, 2017, Claiming party added:

  • This claim involves tenant, Leanne Martin, who also fell victim to A.C.E. Property Management.

  • Feb 02, 2017, Claiming party added:

  • #1.) Fire was not caused by cigarette. Provide a copy of alleged Fire department incident report saying that. Fire department also confused our house with another house and it's fire and never returned to board up ceiling damage because they went to the wrong house. We have proof of that information!

    #2.) It doesn't matter whether or not the house had a history of electrical problems, bottom line is, electrical problems took place in the house when we resided in it and we reported those electrical problems as needing repaired. ACE Property Management acknowledged the electrical problems we reported in the home in a letter they sent us, but failed to remedy those electrical problems.

    #3.) ACE Property Management is uneducated about the difference between renter's insurance and home owner's insurance. The tenant's DID have renter's insurance. However, renter's insurance only covers property that becomes damaged from such things as a fire and covers a portion of medical bills in the event someone were to be injured on the property. Renter's insurance doesn't pay for temporary housing while living in a home that's uninhabitable from a fire. That kind of coverage would fall under homeowners insurance!

    #4.) Why would there be any restitution offered before ACE Property Management filed claim with DA Bad Check Unit? The law states that a ten day demand notice must first be served on the opposite party. ACE Property Management purposely waited until the tenants vacated the home and then sent a notice to the home knowing the tenants relocated and would not receive it. The check that Larry fraudulently deposited when he agreed to rip up and dispose of once he received it in the mail, was returned as unpaid on January 7, 2016. The tenants didn't vacated the home until January 15, 2016. Why wasnt the notice served until January 25, 2016? Why was it served at the address of the home when nobody lived there? Because Larry knew he wasn't supposed to cash the check, that's why!

    #5.) In addition to not properly serving notice, Larry also reported false information in his claim to the DA by saying that the tenants occupied the property for the month of January 2016 and wrote a bad check for the property they occupied. That is false. Home was not habitable as of January 3, 2016 due to fire. Tenants relocated from home on January 15, 2016. Tenants were not required to pay rent for the month of January 2016.

What Claimant Wants Hide
1. Recovery of Losses: Moving Expenses Jan 27, 2017 $1,062.54
2. Recovery of Losses: Attorney Retainment Fee Jan 27, 2017 $3,500.00
3. Recovery of Losses: Restitution Payment to DA Jan 27, 2017 $1,025.00
Cash total : $5,587.54
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Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Fire was caused by cigarette as reported in Fire department incident report. Tenant caused the fire. There is no history of electrical problems at this residence.
    Tenant was advised in the lease to obtain Renter's Insurance for such incidents as this.
    There was no payment of money for moving expenses or any admission of responsibility. The check issued was for refund of Security Deposit and rent - that was supposedly paid (NSF check)
    There was an NSF check and no offer to of restitution before claim filed with District Attorney.
    Each party is responsible for their own attorney's fees. Prevailing party may be awarded reimbursement of legal fees. Please bear this in mind should you prefer to pursue further action in this case."

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
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