Update by user Dec 21, 2013
Since my last comment and reporting this to my bank for dispute of credit card fees he had written the bank saying he sent us a check.He owed us $5410 and the total amount charged on two payments was $8500.
Since we stayed 21 nights and he made us leave on Sept. 30 2013 instead of Oct 30 he said he would refund on credit card the first payment of $4500 and the change of flight money of $400 so the balance he would pay by credit card and a deposit to our NYC checking was to be totaled $5410, we got a check for $5000 and we had to send it to NYC for deposit by DHL since the bank said we must answer since Richard waited to answer 44 days and the required max is 45 days and now we have to answer if the check clears or bounces before Jan 13 2014. Well we finally got our answer from the bank, the check was stopped by him and returned not paid. So that might cost me another $34 for stopped check.
Then the bank needs proof and we are up til 4am Thailand time trying to get the proof for the dispute to continue. Games and torture we hear from lady he also ripped off in Australia that she found out his wife is Croatian and they wrote her that he pulled similar scams there. We are still waiting to see if the DA will prosecute for us and if the Attorney General will also do something to stop his games and threats of stealing my Identity and give me back my medical records that he received from the eye hospital when I was treated there during my stay. He has our passport copies and bank account numbers and credit card numbers and signature and now with my medical records he has my Social Security number and he said it was ironic that after he said he sent me a check that I made a dispute when his own Square credit card company told us he cannot refund after 60 days and he claims we are the scammers and the abuse he put us through since taking our money July 25 and the landlord attorney letter that was on the door of that apartment on 130 west 15 street apt 11G who we have since been in touch with saying he owed them two months rent and a bounced check and legal fees.
I had a feeling that check would not clear but the dispute department said send it as fast as possible to confirm and pay whatever it cost to deposit it since we were now under the burden of proof that the check is good or not.
Now we know it is not good and he lied to us and to the Credit card division and we hope someone finally stops him from his continued abuse of power and control he seems to love to pull out our fingernails and laugh at us suffering.
I hope we who have suffered with him finally got our money and peace of mind back and find out that this monster gets his what he deserves after threatening and hurting us.All we wanted was a clean safe trip to NYC and we got treated like *** by this beast.Good luck if you don't have to deal with someone like this.
Update by user Nov 22, 2013
Since the last comment Richard D'Avila has not paid us anything and in fact an email sent to us threatening us with having our Identification information from Passport, SS number, bank account, address, credit card info and last my hospital records are noted and since we have filed a dispute with the Credit card bank about the amount he owes us and refuses to send us $5410 he claims we are scammers since the bank has issued a conditional refund for the two charges he made $4500 and $4000 but we only are asking for the actual amount due us plus the change of flight fee $400 which he agreed to pay when we left Sept 30 2013 instead of the full paid amount $8500 until Oct 30 2013.Since he is under the impression that we asked for all the money, which is not true but people who rip people off have a tendency to see the world in a warped way as they are warped into Sociopathic thinking that what they do to people is justly done in my opinion he is a dangerous person.
He put a disabled 67 year old man and his wife under stress while I was getting treatment for my eye at the 14 Street Eye hospital and lied that he was a lawyer that had 18 apartments and that this landlord on 15 street wanted him to stop renting and we would be put into another of his apartments when we left Sept 30 yet he had shown this apartment many times during our stay and we read somewhere that he put someone else in that apartment and took good care of them, yet he claimed we had to leave. Maybe after he got that Legal notice from the landlord on the door claiming he must make payment for the bounced check for almost $11000 he owed on 9/11.
As far as others being ripped off we read on our submission a woman from Australia he canceled on her trip after she paid $4500 for another unit uptown two and a half weeks before her trip and she wrote us showing the abusive language he used on her blaming her and claiming he had 260 clients with out a complaint yet he blames her for his cancellation and non refund of the money and abusive language on her.
That is my update and now the Landlord's Attorney is looking into our charges that we filed with BBB and Attorney Generals office and other Gov agencies to have him investigated on his business practices and non payment of our refunds.I hope others come forward about him and others are made aware and the Government does something to stop his bullying and vicious tactics on people like us.
I did a shoutout for an apartment on Roomarama for Sept 9 2013 to Oct 30 2013 and this Company called 1st Class rental answered saying they had exactly what I wanted and if I wanted to go direct to their website I could save the Roomarma fee. I never should have done it but I did being on a fixed income and retired trying to show NYC to my Thai wife.
On july 25 2013 he sent me an email with credit card agreement and had trouble running my card through he said so he made the $8500 payment in two one for $4500 and one for $4000.
He got our passport info and said he would send a guest agreement. He did but it was very strict and made all kinds of demands if we did not do everything he wanted we would get fined and he could have us out in 24 hours and locks changed and Police called. I should have stayed away from it but it was near the eye hospital I wanted to go to and near everything i wanted to show my wife so we went ahead with the deal.
As it got closer he wrote he wanted to know when he could call us? I was not feeling good that it was getting close to the day to go and he is not willing to write what is wrong.
He said he is a lawyer and basically we would have to leave to another of his units Sept 30 since the landlord does not want short time tenants anymore.
He got to the airport an hour and half late and we were worried he was not going to show and charged our credit card $85 to take us to the apartment.
We were tired and scared and happy to have a place to sleep.
Near end of Sept he said he could not get us another unit and we had to leave Sept 30 and he ran my credit card through his phone device for Square Company for the $4500 charge and gave me a reference number and said he would take us to the airport Sept 30 and not charge us and even pay for the flight change which was $400 which I showed him proof of. He had a dispossess on the door of the unit and I took pics and sent him which stated his Landlord said he owed him $10850 something USD due 9/11.
He told me that he paid it but he witheld the money to get the Landlord to negotiate the stopping of his short time rentals and since he owned 18 apartments and five with that landlord he had no other units to put us in.
The balance of the $5410 he owed us he would put in a check and put in our checking account.
He now had our credit card info, our passport copies, our signatures, our bank account number and enough info to take our identities so we were concerned about his callous attitude since I am retired and disabled and had eye problems and needed treatment and he has our eye hospital records which he made us send all mail to a mailbox etc uptown and not to the apartment on 15 street we were staying in NYC.
He also had in the contract cleaning lady twice a month who never came.
He took us to the airport at Newark and we left for Sf on Sept 30 2013 and still have not got our refund.
Square I contacted said this 1st Class rental never submitted a refund and he knows that they do not refund after 60 days and I should make a claim to Citibank which we did.
He kept writing that he sent us a check even though we asked to be deposited in NYC he demanded that it goes to Thailand and he was going to send a tracking number. We kept writing and asking and he said he sent it but finally a fake tracking number for signature was emailed and we checked USPS tracking and nothing showed so we called and waited 45 minutes on the phone and the person said that was not a tracking number.
We wrote him every day and he never responded and now we want everyone to know since he advertises all over and people should know and also the Government should investigate who else he did this to?
Review about: Apartment Rental.