Public Mediation

Tina Boutte Dispute

N. C. vs. Tina Boutte
1201 Grandview Blvd Apt 2522, Huntsville, Alabama, 35824, United States
Amount Involved: $1,147.00
    • 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: Tina Boutte
    • Claimant Seeks: View.
    • Claim #: 7478518
    • Amount Involved: 1,147.00
    • Filed On: May 19, 2014
    • Posted On: May 30, 2014
    • Complaint(s):
      • Commercial / Other dispute
      • None payment of rent
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Statement of Claim
Claimant says:
"While a tenant of my house at 172 Bremerton Dr. SW, she is responsible for destruction of the garage door, which cost $707 to replace, carpet cleaning $140, house cleaning of $175 and $125 for maintance service fee. She did not pay the last month's rent."
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Exhibits View
Additional Communication Between Claimant and Tina Boutte Hide
  • May 26, 2014, Claiming party added:
  • Ms. Boutte,
    Mr. Hendrix, of Weicht Realtors, my property manager is who forwarded me this information. He has been working for me for at least seven years. We have not received any additional payments from you for the cleaning or rent. If you are claiming to have paid him, please provide a receipt, proof of payment. I have the statement from the repair company and the photos from the property manager in regards to the garage door. It was found that someone inside the home turned the manual lock, which prevented the garage door from opening when you tried to use the garage door opener. If you can not provide receipts for payment by the close of this claim online, I am filing formally with Huntsville Small claims court.

    Thank you.

  • May 27, 2014, Claiming party added:
  • Ms Boutte please read the email message below from my property manager:

    Your tenant has given us written notice that she will be vacating the property on January 14, 2013. I have the home listed on MLS and all the websites that it feeds to. I will let you know when I have received an application on the property for your approval. She did not give us 30 day written notice as required in the lease. Also she did not sign and return the lease renewal that I sent her. Currently she is on a month to month lease. By turning in her notice today she owes rent for January and February. She dropped off the rent for January today and is not happy about paying all of January’s rent and February’s rent.

    Please feel free to call if you have any questions.

    Thank you,

    David
    The Hendrix Group, LLC

    David L. Hendrix, Realtor

    Jan Hendrix, Realtor

    North Alabama Real Estate Group, LLC




  • May 31, 2014, Tina Boutte (responding party) added:
  • Ms. Cooper,

    I suggest you speak with Mr. Hendrix and his wife on the matter of the fees I paid to him for the cleaning of the home and carpet cleaning. I gave him a check for the charges and I have a picture of the check from my bank which is dated April 2, 2013. Check number 1238 was written out to North Alabama Real Estate in the amount of $315, which covers the housing and carpet cleanings. Also I paid January's rent and my security deposit was used to cover the February's rent. On the subject of the garage, I have not nor have my children ever used the manual lock until the day the garage broke. My neighbor Paul and I had to use it to secure the home. This was the only time that the manual lock was ever used while I was living there. In fact, I didn't even know there was a manual lock until that day. Also I know that a garage is supposed to be serviced yearly and once serviced the repair man places a sticker on the garage door stating the date of last service. When moving into the home there was no such stick. This implies that the garage door had not been serviced prior to my moving in and was not serviced during my stay. If such service had been done any issue with the operation of the garage door would have been catch and fixed to prevent any damage. I even spoke to Mr. Hendrix and told him what happened to the garage the day of my final inspection. After explaining the event to him he stated that he could see how the damage could have occurred due to the cable being broken on the garage door mechanism. I even told him that the repair man had told me that the broken cable was the cause of the garage door malfunction. Furthermore, the last time I spoke with Mr. Hendrix about this issue I gave him all my contact information and told him that if you had any questions of me that you could contact me with them. He would not give me your contact information so I gave him mine. I don't know if you and him communicate on a regular basis or not but he should have given you this information. Otherwise this situation could have been resolved a lot sooner that now. It has been since January of 2013 and you are now filing a complaint when you never even contacted me prior to this year to resolve anything. Judging from you response to my reply, you haven't spoken with Paul, the neighbor. He was there on the day in question and can verify what I have told you about the garage. In addition to this I noticed that you listed another fee for maintenance that was never brought to my attention nor was it listed in the letter that Mr. Hendrix sent me. The only charges listed were house cleaning, carpet cleaning, and the garage door. I made sure that I asked Mr. Hendrix for an itemized listed of my charges and that is what he provided. I then paid him for the carpet and house cleaning. Please notice that the letter also states that the last month's rent was paid using my security deposit. If you have any other questions or concerns of me, please feel free to contact me at your leisure.

    Thank you,

  • Jun 03, 2014, Claiming party added:
  • Ms. Boutte,
    I would not have contacted you, if I had not been in communication with Mr. Hendrix. As to why now, I am active duty Army and have moved twice since this matter started. I tried contacting you once before and no reply. I have also attached some invoices for your information. The lease that you signed clearly informs you of your responsibility for paying the rent and 30 day written notice. Yes, you paid Jan's rent. However, you gave notice to move out on Jan 14, on Jan 7. If you wanted to move out in January that noticed should have been given Dec 1. This makes you liable for Febuary's rent. The house then had to be cleaned and restored to be rented out again. You left holes in the walls, that had to be filled and painted. These are all terms in the lease/contact that you were resonpsible/liable for. I paid the cost to restore/repair. If you would have paid Feb's rent then and the maintenance cost we would not have to go to court. I had to pay for the whole house to be cleaned, carpet cleaning, the repair of the holes in the walls and painting, a water bill and the garage door. The security deposit could have been used to retore the house, but it had to be used for the last month of rent that you did not pay.

  • Jun 09, 2014, Tina Boutte (responding party) added:
  • Mrs.Cooper,

    I was not contacted at all by you. Mr Hendrix sent me and itemized list of the charges that I owed and the letter he sent didn't contain any maintenance fees. It only list carpet and house cleaning as well as for the garage door. You have that letter posted on this site. I never received any correspondence about any utilities. I moved out of the home in January and had the utilities turned off on the day I moved and had them transferred to my new address. One the document that you posted about the utilities shows that responsibility for the utilities had be placed back on the realty company. This bill was from the month of February, which means I was not living in the residence since my lease had already been terminated the month prior. As far as any damages to walls, nothing was told to me about this, not even on the day of the final inspection, nor was this listed on the letter from Mr. Hendrix. Regarding the cleaning fees, I have paid them to Mr. Hendrix by check as I stated in my previous reply. If you would like me to send you the image of the cashed check from my bank please let me know and I will do so. You may want to contact him and ask him what happened to the funds that he received from me for those fees. I have the proof from my bank that the check that was written out to North Alabama Real Estate was cashed and honored by my bank. Meaning that I paid those charges.

  • Aug 22, 2014, Claiming party added:
  • Ms. Boutte,
    I have tired to send you some copies of documents that I received from my property manager. I sent them to the address at Grandview Blvd, but they were returned. You stated I could contact you, but I no other means except this site.

  • Sep 03, 2014, Claiming party added:
  • Ms. Boutte I have tried to contact you. I would like to speak with you.

What Claimant Wants Hide
1. Damages: Destoryed garage door Jun 03, 2014 $707.00
2. Damages: Carpet cleaning Jun 03, 2014 $140.00
3. Damages: House cleaning Jun 03, 2014 $175.00
4. Damages: Maintance service fee Jun 03, 2014 $125.00
5. Other – Pay for claim posting cost Jun 03, 2014 $7.99
6. Other – Physical delivery charges Jun 03, 2014 $2.99
Cash total : $1,157.98
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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

    "Maintenance, house cleaning, and carpet cleaning fees we paid to landlord. Garage damage was a used but a failure of proper servicing of equipment which was the responsibility of the landlord and owner. Service of garage was not done prior to or during the time I resided at the residence. I can not be held accountable for the negligence of the landlord and owner. Maintenance was to be conducted and handled by landlord and that didn't happen to no fault of the occupant."

This claim will remain posted until resolved.

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