Public Mediation

My Claim vs. Michael J. Mondin

K. B. vs. Michael J. Mondin
Boulder CO and CT, Orange, Connecticut, 06477-1028, United States
Amount Involved: $2,400.00
    • Claimant Seeks: View.
    • Claim #: 5308256
    • Amount Involved: 2,400.00
    • Filed On: Nov 21, 2017
    • Posted On: Dec 02, 2017
    • Complaint(s):
      • Commercial / Other dispute
      • Other
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Statement of Claim
Claimant says:
"In June, 2017, I posted an housing offer on Craiglist that I was looking for a person to "sublet" (the property management company doesn't allow technical sublets but will let you add someone to the lease as a "room-mate.") my place while I was in Mexico for six months working. Michael Mondin responded.
We met, and he agreed to cover all the costs of renting for the six months (I did not seek to profit from the arrangement). Those costs included rent, utilities and a parking option he needed, which costs about $100 a month (I don't own a car).
He filled out an applications, as required by the property management company for anyone staying over 10 days, and was added to the lease and agreed to take the apartment on June 28 (I gave him two days "free" since I was leaving for Mexico on June 27a0. He made a deposit of $700.  He received the rent and utility bill every month from the property management services company.
From the first month, he was short on the rent, as I can demonstrate from bank statements that show the amount he deposited against what was automatically taken out of my account by my property management company. When I e-mailed and called from Mexico, he didn't respond. Since he made most of the payment, I didn't immediately re-act (buy a ticket to return) thinking there might be a misunderstanding. He only make one full payment, in October. He would not respond to repeated emails and phone calls. The shortfalls from July through October totaled $371.
On the 4th of November, he hadn't made any payment, so I bought a ticket to come back ($183). He finally responded to an email that he'd "vacated the premises."  I had already paid rent for November and December in Mexico ($1,800 @ $900 a month). I returned November 14th.
When I returned, the electric bills were unopened and totaled $287. 
(I know this isn't germaine to the argument, but he makes over $100,000 a year. I make less than $20,000.)
 
 "
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  • 06-23-2017 — approximate date co-tenant was added to the lease
Exhibits View
Additional Communication Between Claimant and Michael J. Mondin Hide
  • Nov 24, 2017, Claiming party added:
  • Awaiting electric bill and Mexican rental information.

  • Nov 28, 2017, Claiming party added:
  • "In June, 2017, I posted an housing offer on Craiglist that I was looking for a person to "sublet" (the property management company doesn't allow technical sublets but will let you add someone to the lease as a "room-mate.") my place while I was in Mexico for six months working. Michael Mondin responded.
    We met, and he agreed to cover all the costs of renting for the six months (I did not seek to profit from the arrangement). Those costs included rent, utilities and a parking option he needed, which costs about $100 a month (I don't own a car).
    He filled out an applications, as required by the property management company for anyone staying over 10 days, and was added to the lease and agreed to take the apartment on June 28 (I gave him two days "free" since I was leaving for Mexico on June 27a0. He made a deposit of $700. He received the rent and utility bill every month from the property management services company.
    From the first month, he was short on the rent, as I can demonstrate from bank statements that show the amount he deposited against what was automatically taken out of my account by my property management company. When I e-mailed and called from Mexico, he didn't respond. Since he made most of the payment, I didn't immediately re-act (buy a ticket to return) thinking there might be a misunderstanding. He only make one full payment, in October. He would not respond to repeated emails and phone calls. The shortfalls from July through October totaled $371.
    On the 4th of November, he hadn't made any payment, so I bought a ticket to come back ($183). He finally responded to an email that he'd "vacated the premises." I had already paid rent for November and December in Mexico ($1,800 @ $900 a month). I returned November 14th.
    When I returned, the electric bills were unopened and totaled $287.

  • Jan 31, 2018, Claiming party added:
  • My prepaid rent in Mexico was $800 a month for November and Dec., and I had of course to pay Nov. and Dec. rent in Denver unexpectedly. I didn't "mislead you." on the parking. $80 had been the parking charge for the last renter. They raised it and I didn't know because I don't own a car. Again, you should have communicated with me.

    I was charged for parking for every months you were there. including July, which indicates parking was provided. It's word against theirs, since again, you did not communicate any problem to me (If you had, I would have raised hell).
    I have the internet bill from Comcast. It had not been paid for two months ($130). This also does not cover the shortage in payment for three months (total $371 dollars)

    I have all of this documented for small claims court. These efforts have cost me a great deal of time and stress (all all over the holidays). I missed seeing my sick friend. I missed the opportunity to do an income-producing project in Mexico. I am less flexible now than I would have been in October.

  • Feb 07, 2018, Claiming party added:
  • This amount does not address shortages in rent nor the outstanding internet bill, nor costs involved with filings and serving.

  • Feb 09, 2018, Claiming party added:
  • When I arrived back Nov. 14, I owed XFiinity $127 dollars, about two months worth of service. I have copies of the two bills, one with a past due amount and the new total of $127. You paid the June bill when it arrived in July with the understanding that I'd pay for your December service when the bill arrived in Jan. The bill is confusing and maybe you only owe me for one month. The internet bill is the least of this.

  • Mar 15, 2018, Claiming party added:
  • In response to statement that an internet bill was paid November 1, indeed it was. However NO payment had been made in October. The last previous payment he made for the internet between his unannounced vacancy sometime between Nov. 1 and November 12 was Sept. 6.

  • Jun 08, 2018, Claiming party added:
  • The offer that Mr. Mondin has made appears to be in bad faith. For appearances only. I have agreed to his offer and he has not responded. In the past, he threatened to "tell on me" at my property management company, if I kept insisting on the money he owes me. The arrangement was perfectly legal and above board. I guess he was expecting to take advantage of a vulnerability that didn't exist.

  • Sep 25, 2018, Claiming party added:
  • I have added $420 to the amount I posted I would accept (already less than you rightfully owe) as a settlement for the credit card charges I've had to pay covering these costs for almost a year, based on 14% interest.

  • Apr 28, 2019, Claiming party added:
  • I have no idea why you would think it is appropriate to send me checks for $755. when you owe me four times that amount, as well documented.

  • Jun 14, 2019, Claiming party added:
  • Included is a sample of one of the bullying letters received from Mondin's attorney/buddy in an attempt to settle for a fraction of Mr. Mondin's debt. Neither Mondin or his attorney followed up on the one reasonable offer they ultimately made. Once I let them know my attorney would also be looking over any waiver before I signed it). Included are all files/communications/statements/apartment photos taken prior to renting - everything related to this claim and Mondin's non-payment of debt for unpaid rent/utilities and interest. Also included are initial attempts to bring Mr. Mondin to small claims court in Colorado, which he avoided by leaving the state (although I did attempt to serve him there). Around April 2019, without notice I received cashier's checks for $755. No note, apology or explanation was included. The checks were returned for fear that contractually my acceptance would be seen as an agreement that this settled the debt.

  • Jun 14, 2019, Claiming party added:
  • Mr. Mondin did not follow through on the offers to a settlement that I accepted.

What Claimant Wants Hide
Message from Claimant: Twice, Mr. Mondin has no followed up after I accepted his offer, the last time through an attorney (who bullied me throughout the process to take a fraction of what I am, which I would not.). This time, I am offering to settle for $2,400. If I do not receive a response in about 2 weeks, I will begin my collection efforts anew.
1. A limited-time offer to settle for less Aug 10, 2019 $2,400.00
Cash total : $2,400.00
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
Message from Michael J. Mondin: Here is an offer that I think is fair. Breakdown detailed below. Please review my notes as well.


Utilities: Amount $287
Travel fees: Amount $198
November Rent: Amount $1,663
Your Mexico pre-paid rent: $1,200

This amounts to $3,348 and minus the $700 security deposit = $2,648.

*Notes
- The internet was in fact paid for, and I have the receipts if needed or you can call Comcast and they will verify this.
- Just keep in mind the extra costs that I incurred as a result of being misled about the parking ($125 vs. $80 that was quoted) and the $250 tow charge (parking not available until August vs. July 7th I was promised).
What By When How Much
1. Payment offer Feb 01, 2018 $2,648.00
Cash total : $2,648.00
  • -1
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
PollY Antrim commented
PollY Antrim (Comment):
"The guy is an even bigger douche to pretend to make an offer and then not follow through."
 (12 months ago)
Reply
Awaiting response from Michael J. Mond...
Claimant says maybe M
Claimant: ("MAYBE"):
"I will consider that a vote of support - Thank you!"
 (8 months ago)
Reply
George Maxwell commented
George Maxwell (Comment):
"I note that this offer was made in FEBRUARY and the claim still isn't closed. Because I see more information added by the claimant about this recently, I'm copying what I said there to make sure the respondent sees it: "The cashier's check requirement is silly - these days you can pay almost instantly online with Zelle or Transferwise or Venmo, and get a confirmation that the money was sent and received. I'm old and even I know that.

So the respondent should send the claimant the half of the money, and then the claimant can close the claim. When I used Peopleclaim we both got an email when the claim was closed, and as I remember it we both got the message that if the settlement wasn't delivered I could reopen the claim. (I didn't have to.)

So once the respondent gets that email he can send the rest of the money instantly. If the claimant doesn't get the second payment within the promised timeframe, he can add the information that he received only half and is reopening the claim until he gets the other half. It is quite straightforward.""
 (2 years ago)
Reply
Claimant says maybe M
Claimant: ("MAYBE"):
"Thank you so much for your suggestion. Yes, there are a number of better ways to send money immediately. In fact, when he rented from me, he deposited money (the partial rent he paid) directly into my bank account. The fact that he won't pay the first half of the settlement that same way puzzles me. That a 34 -year old MBA wants to send a cashier's check in this day and age in itself is a red flag that this is not a good faith offer. It's consistent with prior lack of forthrightness. Knowing hat I can re-open the claim if he doesn't pay me the other half is good to know. Thank you so much for letting me know."
 (2 years ago)
Reply
Offer History
Apr 28, 2019
Claimant's Terms of Settlement to Michael J. Mondin
Sep 26, 2018
Claimant's Terms of Settlement to Michael J. Mondin
Aug 04, 2018
Claimant's Terms of Settlement to Michael J. Mondin
Nov 28, 2017
Claimant's Terms of Settlement to Michael J. Mondin
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  • 1
  • Contributed Solution: by Julia J On 02-07-2019
    Can you help with school project: Is a man less likely to pay back money he owes to a woman because he perceives her as less powerful than a man? More...
If you are a party to this claim, click here.
Is this a fair resolution?
  • 3
  • Contributed Solution: by Sammy Maxwell On 01-21-2019
    I would agree with the suggestion to turn Michael J Mondin over to a debt collector and add the cost to his debt after 18 months of non-payment More...
If you are a party to this claim, click here.
Is this a fair resolution?
  • 1
  • Contributed Solution: by PollY Antrim On 09-25-2018
    Turn him into a collection agency and add the fees to his debt More...
If you are a party to this claim, click here.
Is this a fair resolution?
  • 1
  • Contributed Solution: by Bob Mangione On 09-21-2018
    What a jackass. Everyone on the internet should know that this guy tried to stiff you and still hasn't paid you. Why would anyone deal with someone that dishonest? He's an MBA? LOL!!!!! Michael J Mondin, pay your landlord what you owe.
If you are a party to this claim, click here.
Is this a fair resolution?
  • 3
  • Contributed Solution: by George Maxwell On 08-09-2018
    This is close enough to the Michael J Mondin offer for me to assume that you mean to accept his offer. The cashier's check requirement is silly - these days you can pay almost instantly online with Zelle or Transferwise or Venmo, and get a confirmation that the money was sent and received. I'm old and even I know that. So the respondent should send the claimant the half of the money, and then the claimant can close the claim. When I used Peopleclaim we both got an email when the claim was closed, and as I remember it we both got the message that if the settlement wasn't delivered I could reopen the claim. (I didn't have to.) So once the respondent gets that email he can send the rest of the money instantly. If the claimant doesn't get the second payment within the promised timeframe, he can add the information that he received only half and is reopening the claim until he gets the other half. It is quite straightforward.
If you are a party to this claim, click here.
Is this a fair resolution?
  • 3
  • Contributed Solution: by J Petaluma On 06-25-2018
    Claimant should add 30% to agreed settlement and turn Michael J Mondin over to collection agency More...
If you are a party to this claim, click here.
Is this a fair resolution?
  • 1
  • Contributed Solution: by John Gilliand On 01-26-2018
    Can you report to rent bureaus? More...
If you are a party to this claim, click here.
Is this a fair resolution?
  • 5
  • Contributed Solution: by Sophie Blythe On 01-17-2018
    Michael Mondin should repay losses More...
If you are a party to this claim, click here.
Is this a fair resolution?
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