Public Mediation

Tony Ryan/century 21 judgefite-Dispute-#3019073

J. A. vs. Tony Ryan/Century 21 Judgefite
    • 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: Tony Ryan/Century 21 Judgefite
    • Claimant Seeks: View.
    • Claim #: 3019073
    • Amount Involved: 3,375.00
    • Filed On: Sep 23, 2011
    • Posted On: Oct 08, 2011
    • Complaint(s):
      • Contract / Agreement / Promise dispute
      • Refusal to refund rent deposit
      • Unfulfilled promises
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Statement of Claim
Complaints Involved (3) - View
Claimant says:
"My deposit has been due since june, he kept giving excuses until he said in a mail this month in Sept that I was the one owing him . Also he owed me for past electric charges used by his worhmen & for my time....sued wrongfully."
...
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Claimant timeline (1) - Hide
  • 06-30-2011 — Payment of past due deposit
What Claimant Wants Hide
1. Compensation: two months rent Oct 08, 2011 $2,590.00
2. Damages: electric bill Oct 08, 2011 $285.00
3. costs Oct 08, 2011 $100.00
4. My time @ $40/hour Oct 08, 2011 $200.00
5. My time @ $40/hour Oct 08, 2011 $200.00
Cash total : $3,375.00
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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

    "October 5, 2011

    Jade Atomre
    223 Deerfield Ct.
    Cedar Hill, TX 75104

    RE: 130 Couch , Deposit Dispute response

    I am in receipt of your deposit dispute for the property referenced above. After reviewing your dispute email, the lease, all move-in and move-out photos, the inventory and condition form, below are my findings:

    Pet Deposit:
    Per the Pet Agreement you signed, the pet deposit of $350.00 included a $175.00 non refundable pet fee. Regardless of the Pets condition the pet was at the property at time of move in. This was agreed upon and signed by you. This charge stands. The remaining $175.00 went to repairs to the house as included with the deposit. I have taken the liberty to provide you with the Pet Agreement and highlighted the areas explaining the pet deposit and fees.

    Detail Cleaning:
    Per your inventory and condition form you filled out, which was returned on November 6th, meaning it is not valid however we are still taking into consideration your notes. The inventory and condition form was due back on 10/18/11 per the lease agreement per Page 5 Paragraph 15 (b). You noted two things that were dirty, the garage and the upstairs bathroom tub, stating it was stained. I have provided this form as well as move in and move out photos. Items in need of cleaning were the following: Blinds, Window Seals, Baseboards, Oven, Stove, Under Stovetop, Oven Drawer, Inside Cabinets, Light Switches, Doors, ect. These photos have been provided. This charge will be adjusted to reflect actual charges; price was $267.50, revised to complete total of $267.82. Charges were based on estimates; after invoices are final charges can be adjusted per invoices.

    Drip Pans – Drip pans were not originally on the deposit disbursement however after reviewing photos of move in it has been found the drip pans were to be charged to you as they were new at move in and needed replacement at move out. This was also noted along with the remaining list on the tenant make ready checklist (also provided). The charge per our invoice for these was $24.00, plus the 7% repair fee totals $25.68 will be added to damage charges.

    Carpet Cleaning:
    The carpet was noted to have stains in the dining room. The other rooms were not noted, based on the photos there is no proof of stains. Please review the photos in order to see the stains you are being charged for. If you have had the carpet cleaned please provide the invoice for that to determine any revisions to the carpet cleaning charge of $185.00. This charge was given by the owner through the owner’s carpet vendor. This charge is in line for re-cleaning carpets and treating for stains with this much carpet, normally the charge would be more. There are no PM Fees for this charge as the owner handled the repair. This charge will stand unless evidence of a carpet cleaning invoice is presented. There are still other stains that will not be credited back regardless, please review photos. The vinyl charges are also from the owner. The photos clearly show at move in there were not any tears in the flooring and the move out photos show clearly the tears. The charge of $756 remains. There is no PM FEE for this charge as this was handled by the owner’s vendor. Also, there is additional vinyl damaged in the master bathroom you were NOT charged for as the owner chose not to replace those at this time.

    4 Broken Blinds
    There were a total of 4 broken blinds not noted on your inventory and condition form and no photos show the type of damage at move in as they do at move out. These blinds are located in the breakfast, upstairs front bedroom, master bedroom and upstairs living room. The charges for these blinds were $160 based on the owners charges. These charges are accurate and in line with replacing blinds. This charge will stand.

    Broken Fan and Light Fixture - This charge will be waived for $50.00, as this was noted on the inventory and condition form.

    Paint - Please review your inventory and condition form, the move in and move out photos. It is evident the damage to the walls was more than normal wear and tear. There are large scuffs, finger prints, holes in the walls, door dings, and heavy rub marks, ect on most of the walls throughout the property. This charge was provided by the owner, the original estimate was for over $2,000 therefore the owner chose to use his vendor to cut the cost down to $1495 therefore this charge will stand and there are no PM FEES to this charge.

    The credit you will be receiving from the adjustments total to $24.00

    I have enclosed your lease, Pet Agreement and move in and move out photos of the property and the damages you are being charged for, copies of invoices where we completed work, and a copy of your inventory and condition form.

    Please contact the office within 10 days of receipt of this letter to arrange payments of the balance due.

    If you feel that you have any documentation that disputes these charges please provide those and we will be more than happy to review your damage charges again.

    Sincerely,



    Lindsay Woodard
    "

This claim will remain posted until resolved.

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