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Brook Pines Apartments-Dispute-#8702378

M. S. vs. Brook Pines Apartments
169 Brook Pines Drive, Columbia, South Carolina, 29210, United States
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Statement of Claim
Claimant says:
"I am a current tenant and have been since May 2012,in Sept this past year I started to notice a very strong smell of mold. Come to find out that my apartment was about 50% affected. I noticed there was mold in my kitchen on the cabinets, mold on all my shelves in my bathroom,on the doors of the bathroom sink, on the shelves of my bedroom closet, around the closet, on the base boards of the living room even around the vents. It was so bad that I had to throw away some of my property and had many other affected items such as shoes, a coat and some clothing. I contacted the office to make them aware of this situation along with roaches and an awful sewage smell that's constantly odorizing my apartment and was told it would be handled that Monday coming which was on a Saturday. Two weeks had done gone by and still no resolution... It took for my Dad to go up to the office with me in order to even get the situation addressed. At that point the apartment was sprayed and wiped down but only for the mold to come back and in different locations as well. With me having a history of asthma my Dad offered me to stay with him until the problem was solved which till this day is not. I asked to be moved into another apartment at no cost and was told that I would have to split the cost of $200.00 with the regional manager, he was notified that the mold had returned and then decided to give me a transfer at no cost. However I'm still in the same apartment. I had a temporary lay off which led to financial difficulties where as I couldn't pay my rent on time these last few months and because of that I'm being put on the back burner to what suppose to be an EMERGENCY transfer to another apartment. On December the 5th I was left with a note on my door stating I would be moved but that's only because I had wrote them a letter and requested this matter be handled in a timely matter which at the end of the day doesn't matter to them obviously. I honestly feel I have been way too patient and by far long enough."
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What Claimant Wants Hide
1. Compensation: For my damaged personal items that was thrown away and or danaged Apr 05, 2013 $500.00
2. Refund: Partial for having to live in unsatisfactory living conditoins Apr 05, 2013 $1,200.00
3. Medical expenses, moving expenses & temp layoff due to illness Apr 01, 2013 $3,000.00
4. Other – Copy claim to regulators Apr 01, 2013 $14.99
5. Other – Pay for claim posting cost Apr 01, 2013 $7.99
Just make me happy!
Claimant invites Brook Pines Apartments to make a fair offer to resolve this complaint.
Cash total : $4,722.98
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with no explanation. This claim will remain posted until resolved.
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  • Comment: by Sarah Baxa — Online mediator
  • On: 03-03-2013
  • It doesn't appear that anyone is taking this mold issue seriously. From what you have written, the mold is not a surface issue and goes into the drywall and serious repairs are in order. They may be stalling because this may cost more money than they want to spend. The following is a link that outlines basic landlord obligations and one of them is to rent a property that is in a fit and livable condition. http://www.scbar.org/publicservices/lawline/rightsanddutiesoflandlord/

    Additionally, South Caroline does have a law in place that allows you to withhold rent and/or deduct rent if a property is not kept to certain living standards. Following is that link: http://www.scbar.org/publicservices/lawline/rightsanddutiesoftenants/

    If you have followed these guidelines, it gives direction that you may be entitled to damages in court. My suggestion is that you write a certified letter to several administrative people at the apartment outlining the chronology of events and what damages you are seeking and why. You might want to refer to the legal statutes that you feel you are entitled to. Be careful in your letter not to sound as though you are threatening legal action as this can put them on the defensive. Your goal is to get this situation resolved and find a safe, healthy place to live and their interest is not to get sued and pay out even more. I am sure they would be willing to work something out.

    I also suggest asking your neighbors or others in the complex if they had experienced other issues such as mold or other safety issues. This could strenthen your request. Good luck in resolving this situation.
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