Public Mediation

Christine Mcclain vs. Park Springs Apts

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C. M. vs. Park Springs Apts - Leland Enterprises Inc
1627 E Vine St Ste E, Kissimmee, Florida, 34744-3719, United States
    • Claimant Seeks: View.
    • Claim #: 1346735
    • Amount Involved: 25,000.00
    • Filed On: Oct 02, 2017
    • Posted On: Oct 13, 2017
    • Complaint(s):
      • Personal injury
      • Property damage or loss
      • Unfulfilled promises
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Statement of Claim
"I moved into a bed bug infested apartment along with my 2 minor kids. After 3 months of moving in, myself as well as my 4 yr. old son was bitten over 60 times. only to find out apartment management knew of infestation and withheld the information from me. I have pictures as well medical documentation and the denial of responsibilites."
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Exhibits View
Additional Communication Between Claimant and Park Springs Apts - Leland Enterprises Inc Hide
  • Oct 02, 2017, Claiming party added:
  • ALL that's left is to file a civil suit.on the basis of an unlawful entry,breach of warranty of habitable living conditions.bed bugs does not feed off of dishes in sink or half bag of trash.management has no defense the evidence you claim is unsupported as well as inadmissible due to the way you collected it.UNLAWFUL ENTRY.Furthermore the previous tenants and current will all be sequestered to appear in trial as to the ongoing infestation.as well as management relentless efforts to remedy the infestation.by not taking necessary precautions whether blame tenants due to negligence on management behalf.proper fumigation of all adjacin units below and across.verses using pest control that's contracted to spray quarterly.in closing I feel you've attacked my character by suggesting it's my fault that my son incurred this terrible unfortunate incident.I plan on utilizing ALL necessary measures to insure it doesn't happen to any other families.to sum it up PARK SPRINGS APARTMENT COMPLEX DISRUPTION OF MY LIFE IN IT ENTIRETY!AND AT FAULT PARTIES WILL BE HELD LIABLE.

  • Oct 16, 2017, Claiming party added:
  • Your negligence and cheap upkeep I'm able to prove.prior violations cited by code enforcement will support my claim that PARK SPRINGS gross negligence has endangered unsuspecting tenants.AND your maintaining lack of responsibility,will demonstrate gross negligence which can bring upon criminal charges.the attorney whom litigated the case pro bono was placed just for that litigation only.but I have evidence and witnesses to combat my stance.by the management taken"cheap"measures in remedying the infestation only proves your carelessness of human lives.you have BREACH the lease agreement by failing to inform me of the ongoing infestation prior to me moving in.by your own admission that the apartment was fumigated prior to me moving in.I can prove beyond a shadow of doubt that management took the cheap way out in combating the infestation only made the attack upon me and my family more intense.your lack of human decency is demonstrated by your unsupported claim of responsibility.which probably is why ownership of said property has been sold upon your immediate knowledge of problems.,instead of remedying the problem and taking responsibility property has been sold numerous times.your lack of concern of human living conditions is negligent and lack of remorse display your gross negligence.i will be seeking 1million dollars in punitive damages alone

  • Oct 16, 2017, Claiming party added:
  • Just a few pictures that support my claim.ALSO evidence that support the condition of property on going

  • Oct 16, 2017, Claiming party added:
  • Also,do you have any evidentiary that support your claus.thus needed to to add to the civil suit,itemized discovery?

  • Oct 16, 2017, Claiming party added:
  • Again to rebut your last post.Had the exterminator inexperienced in bed bugs,do his job dutifully.he wouldn't have notice such quality of my living standards.but because he didn't he reported finding no evidence of bugs.ALSO the maintenance was allowed inside to replace the thermostat on the non working A/C unit.AT which time management unexcused ENTRY came in and immediately began to make their defense.AND I still stand my claim.that the entire building had been exposed.and IF it was fumigated prior to me moving in,CLEARLY that proves management had knowledge of infestation.and you must know that it takes extreme,expensive measures to combat such infestation.of all a joint AND adjacing apartments.which provided a place for the bugs to hide.and if I complained about bugs in July,why wasn't the issue addressed unti August.and for the record there wasn't any infants in my apartment ,so you're just fishing for excuses.MY chief complaint stands.PARK springs Apartment was grossly negligent in the process of exterminating.As well as withholding the fact that the building I was moving into has been treated.instead in your lease that your using as a provision further shows management careless concerns for tenants and unsuspecting families.the mere fact that I was truamize so severely,I was placed in a mental hospital.but big companies such as your self care more about money than the well being of tenants.I know I had a clausable reason to break the lease to gain safe habitat for my family.

  • Oct 28, 2017, Claiming party added:
  • Trying to post pictures of bites as well as current residents living conditions.the exterminating bill that doesn't contain my signature.pictures of garbage receptacle that shows unsanitary conditions.and during my tenacity management would bill you $50& up for exposure of trash outside receptacle.which suggests why there may have been 1 bag unfilled trash in my apartment.

  • Nov 02, 2017, Claiming party added:
  • Bed bugs contract.property manager Ms Gibbs lowered the standard fee to the amount of $250. Stating because I had recently moved in.which I did not sign.because to me that was a sign of admission,she was aware of the infestation SHE has since been terminated.

  • Nov 02, 2017, Claiming party added:
  • Trash receptacle over flowing with trash and furniture,bedding.clearly it states NO DUMPING.Now that's EXTREMELY UNSANITARY.

  • Nov 02, 2017, Claiming party added:
  • Lack of basic maintenance

  • Nov 02, 2017, Claiming party added:
  • There's no room for DOUBT!

  • Nov 02, 2017, Claiming party added:
  • Compelled evidence

  • Nov 02, 2017, Claiming party added:
  • City Code Enforcement complaints

  • Nov 02, 2017, Claiming party added:
  • Mandated tenants rights//property owners provisions via state of Florida statute

What Claimant Wants Hide
1. Pain and suffering,emotional distress,post traumatic stress disorder of Savares Reed Oct 31, 2017 $25,000.00
Cash total : $25,000.00
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Awaiting response from Party
Reginald Carr commented
Reginald Carr (Comment):
"May I see a copy of your then lease, photos of the apartment and the infestation?"
 (2 years ago)
Reply
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "The claim was denied to Mr. McClain and her children, because the bed bug infestation was caused by her extreme lack of basic cleanliness in her apartment. Leland Apartment fumigated the apartment prior to Ms. McClain moving in. Ms. McClain, signed the lease to this apartment on April 8, 2016. Her signature on the lease acknowledged that she was required to abide by the conditions therein. One condition of the lease required the tenant to keep the apartment relatively clean. Another provision in the lease related to “Bed Bugs”. The lease at Section 11: “Bed Bugs”: states in pertinent part:

    “The Owner and Resident(s) expressly agree that the Owner shall not be responsible for, nor be required to make, reasonable provisions for the extermination of bed bugs, in the event there are bed bugs. In the event there are bed bugs in the premises at any time during the Resident`s occupancy, the Resident shall be responsible for the extermination of the bed bugs.”

    Ms. McClain' apartment was in such an unsanitary state, that she was commanded by management to make her apartment available for a “clean out” for inspection on 8/4/16. A “clean out” is the disposing of unsanitary trash, food stuffs, fumigate for bugs, clean and organize her apartment. She did not show as required, and nor did she clean the premises as requested by management. We denied the claim based upon the unsanitary conditions created by Ms. McClain and failed to maintain the apartment as required by the lease. Our position remains as stated. We offer $0."

This claim will remain posted until resolved.

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Offer History
Oct 02, 2017
Claimant's Terms of Settlement to Park Springs Apts - Leland Enterprises Inc
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  • Comment: by Claimant On: 10-29-2017
  • I never heard of any one having them,clueless I was.just another child hood myth.So after4-5 sleepless nights,on Google trying to find out what was biting my son and I.I became traumatize severely.The experience my family incurred is PRICELESS.on-site management knew of recent infestation in apartment316#5. Although the respondent that's committing on here.probably more than likely ever stepped foot on the premises.simply stated due to the many of times ownership changed. And IF it's not settled out of court,I will be seeking 1million dollars in punitive damages alone.the $25000 in question is intended for a trust for my son's future. Which might I add still jumps and twitches in his sleep.it seems like a complex case,when in fact it's completely opposite.AND as far as pictures goes,well I guess they'll come out during the discovery process of the civil trial
  • Comment: by Claimant On: 10-23-2017
  • Numerous malicious activity taken since mentioned case.New ownership,also new on site management.I have compelled overwhelming evidence that substantiate my claim.AS well as the fact due to such traumatic chain of events.I sent to a mental hospital for six days.upon being released and having no where to stay,because I knew after the2nd treatment without results,I'd only be endangering myself as well as my kids.but THEN to realize that PARK SPRINGS had started eviction process on me.!!!Talk about astonished I WAS.never once offered my family a different unit.although I'm a recipient of the choice of housing program(section8).had to move in with my adolescent daughter and sleep on a queen size air mattress with my 2 younger kids for a period of 9months. With no job,no place to live.I nearly lost my mind.the housing program that's Federally funded for families such as mine,did not advocate on my family behalf.thankfully after almost a year of displacement.we're finally in an apartment.with serious issues such as black mold.And may I add,I'm left paying PARK SPRINGS $114 monthly until the duration of my lease is met which was somewhere around $2200..I can't win from losing.AND FOR Leland Inc.to blantonly deny ANY wrong doing is just absurd.pictures coming.
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  • Contributed Solution: by Fran Fellowes On 10-22-2017
    Park Springs Apts management needs to read up on bed bugs More...
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