Waldvogel Commerical Properties, Inc.
Added on -, by Reviewer1233889
Review: Please refer to the file entitled "Formal Complaint.pdf" available for download from the link below:
I've copied and pasted the contents below (although it is not as easily readable):
Waldvogel Commercial Properties refuses to refund my security deposit in full. Forty-eight days after my
lease termination I received the attached letter. My responses to their claims are below:
1. I did not vacate the garage on June 30th.
a. This is not true. Pursuant to the lease and the Virginia Residential Landlord and Tenant
Agreement (VRLTA), the verb “vacate” refers to my person. My person did vacate the
garage and the dwelling unit on June 30th
b. Some of my possessions remained in the garage past June 30th with the express
permission of the other tenants who share the garage AND a then Waldvogel employee.
The employee who approved of this has since left the company.
I had to make some last minute business travel at the end of June that made it
logistically difficult to remove my items from the garage. Around this time, I spoke with
the former Waldvogel employee who managed my property and asked if it would be
possible to leave my garage items in place until I could move them. The Waldvogel
employee allowed this, provided I would move the items before the new tenant moved
in on August 3rd
. I moved and cleaned the garage before the new tenant arrived.
2. I held keys until August 3rd
a. This is not true. I left the unit keys locked in the unit and the additional unit key, garage
key, and door opener in the garage. Access to the unit and the garage requires access
through gates on the street or through the garage door so the unit and items were still
reasonably secured. The same former Waldvogel employee mentioned above was made
aware and agreeable to this.
b. From July 31st to August 3rd, I was apartment and dog sitting for a former neighbor. With
the express permission of the tenants who share the garage I was utilizing the garage to
keep my car and to perform some work on my motorcycle (installing new handlebars).
On Monday, August 3rd
introduced myself as the former tenant of the unit and asked if there was anything I
could assist her with. She told me she had been unable to locate the garage door
opener. I walked down to the garage and got the opener, extra unit key, and garage key
and returned them to her.
Before the new tenant arrived I moved all of my possessions and cleaned the garage.
3. The unit needed to be cleaned.
a. The unit was left in a very good condition that did not require any intense cleaning.
Aside from needing the surfaces dusted and wiped with an appropriate cleaner and
mopping of the floors, the unit was in fit condition.
4. The garage had grease to be removed.
a. Much like the unit, the garage was also left in fit condition. I intensely cleaned the
garage after moving my possessions. This occurred before the new tenant moved in. I
thoroughly cleaned all the grease and grime. The garage is a shared common area
among all tenants in the building so it is possible if there were any remaining grease
stains they were created by another party.
1. Pursuant to the lease term 3a and the VRLTA Waldvogel had 45 days to return my security
deposit in whole, or in part with an itemized list of deductions.
Waldvogel took 48 days to respond.
2. Pursuant to the lease term 3d and the VRLTA Waldvogel had to make “reasonable efforts to
provide Tenant with notice of a right to be present at the time of move-out inspection”.
Additionally, “[the move-out inspection] will occur within 72 hours of the termination of the
Waldvogal made no effort to provide me with notice to be present at the time of the
move-out inspection and, to my knowledge, did not even inspect the unit until the
beginning of August.
3. The garage is a common area shared among all tenants of the building. The lease does not
explicitly include the garage as part of the “Dwelling Unit” to which all of the lease terms apply.
In fact, the word “garage” is not used in the lease terms at all.
4. Pursuant to the lease term 8b “any items of personal property left in or about the Dwelling Unit
after Tenant vacates the Dwelling Unit will be considered abandoned property and may be
disposed of by Landlord as Landlord sees fit, ...”
Although, as pointed out by the item above, the garage is not include as part of the “Dwelling
****** *****Desired Settlement: I am fully entitled to a full refund of my security deposit of $1,425.00.
In response to Revdex.com Case #********:
Mr. ***** gave notice on April 26, 2015, pursuant to his lease, to terminate the lease effective June 30, 2015 (the end of the existing term). During the term of his lease, Mr. ***** had use of a parking space and a storage locker in the on-site basement garage. Mr. ***** retained the garage door opener that was given to him with the keys to his unit, and continued to use the garage for his motorcycle and the storage locker for his personal storage, until August 3, 2015 when an employee of Waldvogel Commercial Properties, Inc. encountered him in the garage at the property. At that time, Mr. ***** provided our employee with the garage door opener and additional keys to the property. Our employee told Mr. ***** that he must remove all personal property (including the motorcycle) from the premises by the end of the business day.
Since Mr. ***** continued to occupy the property for more than a month following the termination of his lease, the equivalent of one month’s rent was applied to his security deposit, as permitted by Paragraph 28 (“Holdover Rent”) of the Lease.
As to Mr. *****’s assertion that he was given permission by another tenant to use space in the garage, no one other than the property owner can grant such permission.
Mr. ***** left the apartment dirty and it required professional cleaning. The garage space used by Mr. ***** also required cleaning. Mr. ***** was clearly doing maintenance on his motorcycle in that spot, as observed by our employee on August 3, and the motor oil was fresh upon the removal of his motorcycle. The direct charges for this cleaning was further deducted from the security deposit, in the amount of $177.25.
The lease requires that the security deposit, or the appropriate portion thereof, be returned to the tenant within 45 following termination of the lease and the tenant’s vacating of the property. Mr. ***** remained in possession of the property until August 3. Our office sent Mr. ***** a letter explaining these deductions from his security deposit in a letter dated and mailed August 17, 2015.
Waldvogel Commercial Properties believes we acted in accordance with the terms of the lease with regard Mr. *****’s occupancy.
Should you have questions or if additional information is needed please contact ****** ******* Vice President and COO at ********************************
I have reviewed the response offer made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The business claims that "holdover rent" applies to the circumstances, however, as my person was not occupying the unit, this does not apply -- "abandoned property" applies. A few of my possessions remained in the garage after my lease termination and I did use the garage for storing my car and performing maintenance work on my motorcycle for ONE WEEKEND after my lease had expired. I did so while house and dog sitting for a former neighbor and with the express permission of the other building tenants. Also, I was not in possession of the keys and garage door opener as claimed by Waldvogel. The keys and garage door opener were in the garage the entire time; I simply retrieved them from the garage as their employee was unable to locate them (I had told the former employee where they were stashed). I am fully prepared to file suit against Waldvogel and I intend to name the property owner as a defendant as well. My attorney is fully aware of all of the circumstances and assures me that Waldvogel "does not have a leg to stand on". A certain Waldvogel employee may remember my attorney as the middle aged brunette woman that I got into my car with outside of the property around August 3rd. I confidently exclaimed then that I would enjoy taking the company to court (although, I may have used more colorful verbiage). My family and friends who helped me move out are more than willing to testify to the facts that I did, in fact, leave the keys and garage door opener stashed in the garage when I moved out at the end of June. Furthermore, my primary employer will confirm, as will my credit card receipts, that I was out of town in ******* and ******** up until the last week in July. My brother will confirm that I lived with him while I was not out of town for business, except for the Friday through Monday in early August that I was apartment and dog sitting for my former neighbor. This can be resolved out of court for a mere $1,425 (the full amount of my security deposit). Should I have to proceed further, the cost of resolution will greatly increase. I'd like to make a point that this is not about the money. This is about principle. I make 6 figures a year working 25-30 hours per week as a computer hacker (I know this sounds ridiculous but if Waldvogel will refer to my application they will see that my employer is the top application security consulting firm in the world). I am lucky to have so much disposable time and income and I apply both to right the wrongs of greedy and abusive companies such as Waldvogel. Furthermore, my profession connects me with a lot of powerful and influential people and organizations (e.g., lawyers, politicians, hackers, etc.). Many have become close personal friends and aid me in my fights for justice such as this. I choose my battles carefully; Waldvogel should do the same. This message, as well the initial complaint will be submitted to the Vice President and COO of Waldvogel via the email address provided. If this issue is not resolved to my satisfaction by Friday, September 18th, 2015 I will take legal action. Regards,
****** ****** *****
After reviewing again the complaint with our client, the property owner, it has been determined that the July rent ($950) which was deducted from the complainant's security deposit will be retuned to him. The only amount being withheld is that for cleaning the apartment unit and the grease in the garage (in the amount of $177.25). A check in the amount of $950 will be processed and mailed today.
I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution would be satisfactory to me. I still do not believe they are just in charging me for cleaning and I do not hold Waldvogel in my good graces, but, I will accept an additional refund of $950 and be content. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.