Consumer complaint received 2018-04-09
Company: Kimball, Tirey & St. John LLP
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
RE : Formal Complaint Towards XXXX XXXX XXXX XXXX and Acting Property XXXX XXXX. 
I signed a 1-year lease with the XXXX XXXX XXXX with a Move in date of XX/XX/XXXX-XX/XX/XXXX. 

It was myself and my XXXX-year-old daughter at the time who were on the lease. My rent was between $ 2300- {$2400.00} and I had always made on time payments. 

4 months within my lease, XX/XX/XXXX I realized I did not have any running Hot water. I notified the leasing office immediately and they sent maintenance crew who made a few adjustments. The next day I called again to notify the office that the adjustments that were made only gave me hot water for a few minutes then returned to being cold water. I called on this incident a few times and I even requested that they replace my hot water heater which was located outside on my balcony ( each apartment has an individual water heater ). However, the problem was never resolved. 

Within the same month on XX/XX/XXXX, I returned home after being away a few days to find my entire bathroom had been flooded due to the upstairs neighbors pipes bursting/leaking. The dirty water from the leak had filled my bathtub, filled up my toilet bowl which resulted in the water overflowing to the floors and bathroom into the hallway and throughout the kitchen. There was at least 3 inches of water throughout the areas and it damaged the drywall and caused the flooring to buckle up. 
I contacted the leasing office immediately to inform them and to ask them why they did not check my apartment since the upstairs neighbors pipes had flooded. That was negligent on the property managers part. They have permission to gain access to my home and that should have been an emergency that I should have been aware of immediately. 

I spoke to XXXX the following morning due to no emergency line was available and he sent over a maintenance crew to clean my apartment. They asked me to leave my apartment for 24 hours. I came back the next day still having No hot water and floors were still damp. I was told I could move back in as a dehumidifier ( industrial fan ) had been placed in my apartment to attempt to dry the walls and floors. The fans were very loud, and XXXX advised me I could disconnect at night if the sound was a bother. I was also informed by the office that moisture readings were going to be conducted daily to keep track of moisture levels in the walls I decided to leave the apartment for fear of mold and also, I didnt want my young child to be in a home that was unsanitary. I was out of the apartment from XX/XX/XXXX through XX/XX/XXXX. 

I complained about possible mold and the longevity of being in that unit along with the fact that there was no guarantee it could not happen again. The maintenance crew admitted to me that backed up drains were common in this apt complex. 
I went to the Department of Consumer and Business affairs in XXXX XXXX County and spoke with XXXX XXXX who is a city mediator. I was desperate to find help for this situation. Within 2 days she sent out the departments field inspectors to inspect the damages and the living conditions. The inspectors found that there was water damage under the wood flooring from the bathroom hall way, all through to the kitchen. They concluded that it would be a health hazard to continue to live in the unit under the current conditions and recommended the floors be replaced. They also stated that they could not determine the water damage behind the dry wall and because of this there was a possibility of mold growth from the wetness. 

The XXXX XXXX was cited by the Department of Consumer and Business affairs because they concluded that the water heater in my unit was not meeting city code standards. 

The conclusion was that XXXX was to replace the water heater as well as the floors. 
I was at my wits end with no hot water, wet floors and walls and a home that could possibly have a mold infestation, so I requested to move to another apartment unit. 
I also requested for XXXX to pro-rate my rent for XX/XX/XXXX because the conditions were unlivable and were not my fault. He refused to pro-rate my rent that I had already paid in full. 

XXXX did advise me that I could move into another unit however, the unit I was being offered was more expensive than my original lease payment agreement. I asked if he could please keep my rent the same and he refused to honor my request or work out any other solution that was sustainable. 

XXXX refused to work with me although I was a good paying tenet and all I was requesting was to live in a sanitary home with hot running water. Therefore, I saw no other option but to move out of that apartment complex building. 
I gave 30 day notice during the 3rd week of XX/XX/XXXX and I had already paid XX/XX/XXXX rent on time. I moved out XX/XX/XXXX and I left the apartment clean.

I received a notice on my credit report stating that I owe {$4400.00}. I have requested the reason for these charges and I have not received the breakdown. I also believe that I should not owe any remaining rent or fees. The apartment complex did not keep their promise of keeping the apartment up to par and within code. There was no possible way I could have lived in those conditions with a small child. 

I am requesting that this balance be removed from my credit report and this debt be zeroed out and closed in your offices. I was forced to leave due to the apartments negligence. 
I hope that my request is honored, and no further action will need to be taken. Please respond via phone, email.

Company response to consumer: Closed with explanation