Public Mediation

COLDWELL BANKER ACTION REALTY

M. M. vs. Coldwell Banker Action Realty
2519 Seven Springs Blvd, Trinity, Florida, 34655-3628, United States
Amount Involved: $1,200.00
    • 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: Coldwell Banker Action Realty
    • Claimant Seeks: View.
    • Claim #: 1404308
    • Amount Involved: 1,200.00
    • Filed On: Dec 02, 2013
    • Posted On: Dec 13, 2013
    • Complaint(s):
      • Overcharge or billing error
      • Contract / Agreement / Promise dispute
      • Bad business practices
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"The Property manager Tamara Herz Of Coldwell Banker Action Realty located in Trinity Florida has taken our $1700.00 security deposit and used it to remodel the interior and exterior of the property in which I was living. Although I'm an extremely clean person I spent an entire day making the house extra pretty and clean prior to my departure. She has sent me a homemade computer printout of expenses that add up to over $1200.00 for cleaning things like blinds and even the mailbox that is on the street. She is obviously uneducated about what security deposits are for and what is considered normal wear and tear. I will not be taken as a fool and have her steal money from myself and my family. The house was left in better condition then when we moved in and since Tamara Herz of Coldwell Banker Action Realty was not the property manager of the house we lived in until over one and a half years after, I find it very hard to believe that she has any right to judge the home at all since she has never inspected it when she became the property manager. She keeps bringing up oil spots in the driveway and some dust on the blinds, Normal Wear And Tear!!!! I have many many pictures of how the house looked when we departed, inside was immaculate and the outside was beautifully kept, grass cut and edged weeds pulled and trees trimmed. She is also trying to charge us for mulch in the front yard, there was NO mulch when we moved in so why would I put it now.....even though I will say it again security deposit is for Normal Wear And Tear!!!!! not to remodel the interior & exterior when a tenant moves out. This woman will bring up things about trucks parked in the driveway and the police being called.....what does that have to do with our SECURITY DEPOSIT!!! I have asked for itemized receipts from Tamara Herz Of Coldwell Banker Action Realty and she mails be a computer print out she made herself, that is not legal. I want the dates of service, showing the home address in question, on a company receipt with the amounts. In no way am I agreeing to pay for all the nonsense Tamara Herz is trying to use our security for, but I want the receipts for my records. I want this settled prior to December 12th which is the date you gave me to respond to the certified letter you sent to me. This is my response."
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What Claimant Wants Hide
1. Payment due: Rental Security Deposit Dec 12, 2013 $1,200.00
2. Other – Copy claim to regulators Dec 12, 2013 $14.99
3. Other – Pay for claim posting cost Dec 12, 2013 $7.99
4. Other – Physical delivery charges Dec 12, 2013 $2.99
Cash total : $1,225.97
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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

    "We have copies of invoices, witness statements if needed for money deducted from their security deposit due to Maryann and her family leaving the rental property not in the same way as descibed under the law and these items are not considered normal wear and tear. Everything is explained in a certified letter as the law requires and if they feel they are right than they can go the way the law describes. Maryann claims that extreme dirty and never cleaned blinds are "normal wear and tear", the corner of the driveway was broken off, which she already admitted and agreed to pay for and was repaired. Due to daily work on cars by the sons of Maryann who resided at the property, we have intense cleaning of the garage floor and driveway and to remove oil spills and stench out of the garage. Left stuff needed to be hauled off and yard needed to be restored with some plants and mulch. Maryann was informed in multiple emails what she needed to do prior to move out to get a full refund of her security deposit. Since she failed to do so there are some deductions. We have pictures to proof our case as well as invoices, proof of payment for the work performed and contractors who are willing to testify to the smell in the condition of the garage floor, corner of the concrete broken off and we have pictures of the Construction truck parked in the driveway which most likely caused the driveway corner to break. Multiple complaints had been filled with the police about Tow trucks parked that were not suppose to be there and neighbors are able to testify about all the work in the garage on cars for the last years. If Maryann would have followed instructions in the emails she replied to about what was needed to get a full refund than she would not have had any deduction. Maryann will need to follow the official route since we will not reply further and we will post our proof against her if she will post anything that is untrue and considered slender about me or my company and will sue her if she will say anything that is besides the truth. In the past we had multiple lies from Maryann and difficulties like for example when she filled out a check wrong...I contacted her and was yelled at and multiple txt and emails came from her that were nasty. In the end she apologized since she finally realized she made an error on a check which was just a human error but the way this bank employee handled it was very bad and showed her character. The other thing was when she started to accuse me from having waived the non-refundable pet fee when she refused to pay for it after she had agreed to pay $ 200.-. The owner was always copied on every email and partially for that reason and all the complaints we got from neighbors about the music, car parking (trucks in a hOA community), the owner decided not to offer any new lease due to the way tenants behavior had become. That way the owner could terminate it faster. "

This claim will remain posted until resolved.

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