Initial Business Response /* (1000, 9, 2015/02/19) */
The complainant applied on 1/10/in addition to other applicantsThe criteria sheet which sets forth all applicant requirements was signed by all membersA summary of this page document states each applicant must meet times the
rental amount, be months employed, months of rental history, have a credit score, meet the criminal background check, or if self employed, retired, or disabled provide copies of benefit statements, tax returns, or bank statements reflecting ability to pay rent for the term of the leaseIn the event an applicant does not meet criteria a Lease Guarantor may be accepted that meets all criteria in addition to monthly income times the rent amountFurthermore, this property is regulated by the Section Tax Credit Low Income Housing Program requiring all forms of income and assets to be verified through IRS/State approved documentationThe complainant is correct in stating parental income is counted as a method of incomeHowever, the applicants were denied as they were not able to meet the criteria requirements or obtain a Lease GuarantorThe complainant has previously been denied in September 2013, under the same Criteria Plan at a different location, and did not receive the application fee back due to the same policy and terms of applicationThe form in question states "The reservation and restoration fees will be returned if the applicant is deniedIf the applicant is accepted and fails to move in then the reservation fee and application fee will not be refunded"The application fee and application was accepted however the applicant failed to qualifyApplication fees are non-refundable therefore they cannot be returned in this case
Initial Consumer Rebuttal /* (3000, 11, 2015/02/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Wooten has responded with the criteria for acceptanceI was told when I applied for *** that my subsidized living/ or "gifted income" was acceptable as my income requirementI even offered bank statements as proof of the deposits and was told that it wouldn't be necessaryIn response to Wooten bringing up my past experience with themI applied for an apartment at *** *** and was informed that I had an outstanding balance with a landlordA balance even the landlord herself admitted she had never sent to meI was told that if I took care of it, they would be happy to rent to meHaving absolutely no problem with this, I took care of it immediately and proved it to herShe said great and I went about myselfI waited through the month, on the last day of the month I still had not heard from herI call times and finally manage to reach her around pm, I ask when I can come pick up my keys and she responds with "I got some bad news for ya." I was then informed that Wooten would not rent to meThe reason I feel my application fees should be returned can be summarized as follows: 1.) I asked specifically about the income verification before I placed an application and was informed, in front of both of my roommates, that it would not be a problem, that the signed form guaranteeing payment by my parents to me would be acceptable as MY incomeThe remote possibility that this would not be acceptable or that I would be required a co-signer were never mentioned
Final Business Response /* (4000, 13, 2015/03/06) */
The determination as to whether a co-signer may be required cannot be determined until all verifications are received and reviewedIn this case, the household did not meet all criteria requirements noted on the criteria sheet the complainant signed at the time of applicationThe income source was verified through the appropriate Section LIHTC verification forms of which the property is operated byBank Statements are not required in the event 3rd party verifications may be obtainedAs mentioned before all applicants much each meet specific gross income, employment, credit, rental, and background requirementsWith an approved co-signer that meets the guarantor requirements the applicants may proceed with the application processThey are denied under the guidelines they signed and the application fees cannot be returned as they are non-refundable at all locations this company manages
Final Consumer Response /* (4200, 15, 2015/03/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Wooten continues to repeat themselves, though I hope it's noted that Wooten didn't respond about my previous rental inquiry(which they brought up) with themEspecially considering they attempted to use it to discredit my current claimDespite the fact that they are saying "the determination of whether a cosigner may be required until all verification is received", thats not what I was told at the time of applicationThis was also not a private meeting, my two roommates were both in the office while I was told that my gifted income from my parents would be considered my income and I wouldn't need a cosignorThat was a lieRegardless of whether or not it's Wooten's policy to tell people about cosignors, thats something that was done wrong by the landlordAnd as for them saying application fees are non-refundable, that may be the case in theoryBut it doesn't change the fact that no where on the paperwork I signed does it say that application fees are non-refundableWhich circles back to my initial problem, if I hadn't been lied to about needing a co-signor I never would have put in application feesI asked all of the questions that I've posed in this forum prior to providing application feesIf *** had been honest wth me, I never would have given them application fees
Initial Business Response /* (1000, 5, 2016/11/11) */
We initially received this exact correspondence from Mr. [redacted] via email on our company website (we were unaware he also made the complaint on Revdex.com with the exact information until the following day). We began to take action that day and sent him...
a response email on 11/9/16. Here was our email response to Mr. [redacted]:
> Dear [redacted],
>
> First and foremost I want to apologize that you are so frustrated,
> it is completely understandable! I am working diligently to work on
> your issues that you listed. We went into your apartment on 11/7/2016
> and changed both of your filters. I have recorded that your last
> filter change was done in April, So I do recognize it was time to do
> so! Thank you for holding me accountable, and I'm glad that we were
> able to get that done for you. With the laundry room, I have inspected
> it and I cannot see any issues with it. To insure that they are
> working properly, we are going to do some test washings in it and if
> there are any issues at all we will get them dealt with. We have
> printed out your utility bills for the last 3 years. It looks like you
> are responsible for Electric, Water, Sewer, and gas. It looks like
> your utility bill ranges around 100.00. I do see a few months that it
> has been running a bit higher, but it looks like the hotter months of
> the year. I can certainly see your frustration with higher utility
> bills during those months, I have those too with my home and its
> certainly rough. We also inspected your floor while changing your
> filter. We don't feel any give in the floor, but do feel it is a
> little unlevel. If you want to make an appointment with me so you can
> show me what you are talking about, then please set that up with me.
> My phone number is XXX-XXX-XXXX. You now have a FULLTIME manager at
> Markwood! Her name is [redacted] and she will be happy to assist you with
> any work orders that you need! Just give her a call at XXX-XXX-XXXX.
>
> Thank you for your time,
> [redacted]
> Resident Manager- Southwinds
>
As of 11/11/16, we have not heard back from Mr. [redacted] but are hopeful if there is anything outstanding we can assist him with that he will let us know. Thank you
Initial Consumer Rebuttal /* (3000, 12, 2017/03/21) */
This company still has not repaired my damaged kitchen floor after my last request, and I have since fallen through and injured my back.
This is the second claim I've filed for the same concern. Record of that email communication is available. My previous concern regarded my kitchen floor, which I was afraid was unsafe because I could feel that the floor under the tile was weak and felt like it was going to give. Wooten Co. responded to you by saying they examined my floor and that it was fine. I took them at their word that no maintenance was required. This morning (2-23-2017) my left foot went through the tile and wood of my kitchen floor. As I fell, my right knee hit another area of the floor and went through the tile and wood. In the process I injured my back.
Resolution: I'm absolutely disgusted by this situation, as well as very angry. I will be visiting my doctor for my back and am considering contacting an attorney as well as any/all local media outlets unless I feel that this problem has been satisfactorily addressed and corrected and appropriate reperation has been made for my inconvenience and health risk.
Final Business Response /* (4000, 14, 2017/03/21) */
Mr. [redacted] did not report his latest service request to our on-site office or our emergency on-call service before contacting the Revdex.com on 2/23. On 2/23 he received a notice that his vehicle's license plate tags were expired from our office and for that reason his vehicle could be towed if no action was taken on his part. He demanded we reimburse him $5.00 for a car wash because of the sticker we attached to his car window. He did get his tags renewed that week also. He also filed the complaint with Revdex.com on Thursday, 2/23. By the following Monday we had inspected the unit and scheduled a repair on the subfloor of his kitchen and contacted our flooring company to complete the new flooring to cover that repair by the following Friday, 3/3 (today).
He stated in his Revdex.com communication that we never responded to his original complaint about the subfloor since he last brought it to our attention during Nov. of 2016. He did not talk with our office before he contacted Revdex.com in Nov. of 2016. Once we were notified by Revdex.com of several service requests and the flooring concern we responded by completing all his service requests and we inspected his kitchen floor during Nov. of 2016. At that time we asked him to meet with us so that we could understand where the flooring issue was as our staff inspected the floor and could find not any reason for concern. Mr. [redacted] did not respond until his most recent complaint with the Revdex.com on 2/23.
Mr. [redacted] is aware that we are fixing his floor as he has been home during our latest inspection of the floor this past Monday, 2/27. He sent us a note in our drop-box on 2/28 that states that he does not want to pay his rent for March and gave us a number to contact him if that would be something we would agree to. We have let him know of the final repairs on 3/2-3/3 and that we are not waiving his rent.
We have taken several pictures of the area and there are no rotted subfloor issues or any moisture concerns that contributed to the damage to his flooring. We are still unsure of why his floor was ever damaged. The repair was completed as scheduled and new flooring installed today, 3/3.
Initial Business Response /* (1000, 9, 2016/07/01) */
The complainant moved in on 6/16/14 on a 1 year lease, renewed an additional year in 2015,and vacated on 6/20/16. On this date she informed the office the carpet would need replaced due to pet damage. The complainant signed and agreed per the...
pet addendum which states "in the event the flooring must be replaced due to pet damage, resident will be charged with all costs related to removal, kilz, or other treatment of subflooring and all material & labor related to flooring replacement." Management informed the complainant in person of the pet policy on 6/20/16. In review a pet fee of $200 which is non-refundable was paid. This is used towards pet waste stations, pet waste bags, and pet waste removal during a tenants lease period. It does not cover pet flooring damage. Since the move out is so recent we are still waiting on estimates. Due to excessive urine damage current property damage is in excess of $1100. As for other service issues, a total of 14 service request were reported and completed during the 24 months of occupancy. These ranged from renewal incentives of multiple ceiling fans, toilet repair, freezer, and clogged sink to the roof leak. This was December 2015 and repaired by a licensed roofing company. The ceiling was further repaired by Maintenance Technician. These repairs did not cause urine damage and does not constitute returning a security deposit as a result of resident caused damages.
Initial Consumer Rebuttal /* (3000, 11, 2016/07/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Nothing I ever told them about was ever fixed. Toilet never fixed, freezer never fixed. Nothing I am very unhappy with thsee apartments and I was never informed of anything in the lease when I signed. I went in and was told I needed to sign these papers. In the time I lived there they had 5 managers and none of them did [redacted]. All they want is people's money.... and they won't get it. They got enough money from me and everyone to cover anything. When I first moved in thw first manager told me that the carpet in my apartment was old and needed to be replaced soon and was told not to worry about it. But all they do is lie and rip people off....
Final Business Response /* (4000, 15, 2016/07/14) */
In the previous response we have already addressed the complainants statements. There is no additional information to provide at this time.
Initial Business Response /* (1000, 5, 2015/10/07) */
Dear [redacted],
I read your complaint yesterday and was concerned. I am the Property Manager that oversees the [redacted] property from the corporate office. You are correct that we had a change in staff during the month of July at...
[redacted] Apartments. After reading about your situation I immediately wanted to eliminate an accounting error on our side. I looked at every account and was able to verify your claim of payment. I apologize that this was not previously corrected for you, as you believed it had been, and that a staffing issue may have been the cause. I have credited your account accordingly and will send out a revised statement today to you along with the refundable portion of your deposit in the amount of $100.00. Please feel free to contact me again for any further issues or concerns at the corporate office.
Sincerely,
Melissa [redacted]
Initial Consumer Rebuttal /* (2000, 7, 2015/10/08) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Thank you! I really appreciate it.
Initial Business Response /* (1000, 9, 2015/09/10) */
The questions can be answered directly from the lease agreement dated July 25th 2014, effective through July 31st 2015, and signed by the complainant. In paragraph 11, pg. 1, title "Right of Entry" it states: Landlord shall of right to enter the...
apartment at any time for the purposes of inspection, to make repairs, or to show the apartment to prospective resident. The landlord shall have free access to said apartment at all reasonable times, to keep the apartment in good order and condition and free from any nuisance. The complainant signed a Notice to Vacate document on April 1st 2015 that they were vacating on or before July 31st 2015 due to graduating and work. On July 20th 2015 a notice was posted by Management to the complainant which states a maintenance inspection will be performed on July 22nd 2015 offering 24 hours of advance warning. The complainant further signed the Acknowledgement of Departure on April 1st 2015 which states in paragraph 2 the deposit will be withheld per the lease agreement to restore the apartment to its condition at the commencement of the tenancy. This document further states in paragraph 3 the complainant is responsible to return the apartment in substantially the same condition in which it was received and the cost of labor and materials will be deducted for items such as wall, ceiling, door repair, carpet, drapes, bathrooms, etc. Further, this same document points out some charges may be made for other types of damages or abuse which are not listed above. The documents are referring to paragraph 6, pg. 1, of the lease which states: Resident acknowledges that (s)he has inspected the premises, and all parts thereof, are in good repair and satisfactory in all respects (including all conditions relating to the safety and security of the Premises) and that neither the Landlord nor its representatives have made any warranties with respect to the condition of the same. Resident agrees to maintain and return the Premises to the Landlord when the Resident vacated in good and satisfactory condition, normal wear and tear excepted. It is further explained in paragraph 8, pg 1, that the Resident shall be responsible for the costs of repairs and damages resulting from Residents misuse, waste, or neglect of the Premises, or that of the visitors. When the complainant moved in on July 25th 2014 they signed a Move In Checklist with the Manager accepting the unit, no smoke or nicotine damage were listed or damage to any walls, blinds, or odor. On July 31st 2015 in which the complainant signed the Move Out checklist it states: Blinds yellow both and walls, paint, ceilings little stained. In order to restore the unit to it's original condition and acceptable for leasing to future tenants a Contract Painter was hired to paint the nicotine/smoking/odor damage to the walls and ceilings in addition to full replacement of the blinds totaling $194. As mentioned on the the Security Deposit Reconciliation Statement the Landlord was charged $170 by the contract Painter and the blinds cost $24, in which the Security Deposit of $100 was applied leaving $94 owed by the complainant. These damages were caused by the complainant and not the Landlord therefore it is the responsibility of the complainant to pay the remaining balance to satisfy the damages in question. No additional charges for general cleaning, carpet cleaning, paint, kilz, etc. were charged to the complainant.
Initial Consumer Rebuttal /* (3000, 11, 2015/09/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The notice was NOT posted on July 20th or I would have received the notice and there would never have been any issue at all. The notice was not posted until after 5:30 pm on July 21, 2015, which was when I arrived home from work on the 21st and the notice was NOT there at that time. The notice was still on my door (or for all I know was put on the door right before Ms. [redacted] knocked) at approximately 3 pm on July 22, 2015 when Ms. [redacted] showed up to do the inspection because I had not left the apartment between arriving home the evening before and when Ms. [redacted] knocked on my door at approximately 3 pm. It fell out of the door at that time when the door was opened and she even commented at that time on the fact that I apparently had not gotten the notice. That was the whole reason there was even an issue with right of entry in the first place. Because reasonable notice had NOT been provided. I do have another former resident who lived there for part of the time I was a resident who can testify to the fact that notices were routinely put out after 5 pm for inspections that were going to be done the following day starting around 10 am. This wasn't a one time occurrence of the notices being given in an untimely fashion, it was routine the entire year I lived there, and it can be proven with testimony from other former tenants. I actually have time stamped, dated statements that the previously mentioned former tenant posted on my facebook page in reference to the lack of reasonable notice that I can take screenshots of and provide, and I'm sure she'd be willing to write a statement up as well if this has to be taken that far. All it's going to take to prove the lack of reasonable notice is for someone to talk to a couple other tenants from the year I was living there and get signed notarized statements from them verifying that the lack of reasonable notice was routine. I also had an appointment at 3:30 on July 22nd with a massage therapist that I had been seeing weekly for my fibro who could attest to my level of distrest and stress immediately following the incident when I showed up for my appointment. I can also provide copies of my phone records showing where I called the Wooten Company trying to file a complaint against Ms. [redacted] as soon as she left my apartment on July 22 and an additional call on the 23rd, both of which were 3-4 minutes in length, enough time to leave messages. I never got a response back even though I specifically stated both times I called that I wanted to file an official complaint against Ms. [redacted] and why. I actually gave the Wooten Company over a month to respond before I filed a complaint here and with the state AG. I gave the Wooten Company a chance to deal with the issue internally, without any admission of fault, and without outside complaints being filed, but it would have meant creating an internal paperwork trail that they obviously didn't want to exist so they ignored the issue expecting I would go away like most people do, because it's too expensive to try to fight them with a lawyer, and they wouldn't have to document the incident internally so there would be no official paperwork trail that might indicate a pattern of violating tenant right to quiet enjoyment. I tried to resolve the issue prior to moving out of the apartment, before the security deposit reconciliation was calculated, and can prove it via phone records. That's a large part of why I believe the charges are retaliatory in nature. I tried to file an official complaint against Ms. [redacted], after butting heads with her over the lack of reasonable notice, and she incidentally was the person who decided what I was going to be charged, but wasn't the person who did the final walkthrough with me. I'm not able to prove it as I failed to get a copy of the walkthrough I signed off on (which Ms. [redacted] would have been aware of as I didn't return to the office to get a copy after completing the walkthrough), but the only thing that was listed on there that I was told there might (emphasis on might, the lady who did the walkthrough really wasn't sure if I would be chargedbe a charge for at the time I signed it was the blinds. The statement about the walls being stained was NOT on the sheet when I signed off on it, that was added AFTER I signed it and without my knowledge. The only reason I know it's on there now is because I saw it on there in my file at the Wooten Company when I went there in person to try to discuss the charges, and I even stated at that time prior to seeing the sheet that the only thing I was told about and had signed off on during the final walkthrough was the blinds. The lady I was speaking to then pulled out the walkthrough sheet and that's how I found out that it had been added AFTER I signed off on it. I do have a time-stamped and dated video that I took in the car immediately following the walkthrough where I state as much. I'm also still contending that it should have been disclosed upfront that it would be considered damaging the apartment to smoke in it when I specifically asked about the smoking policies prior to signing the lease. When someone asks about a pet policy, additional charges are disclosed to them upfront. They aren't told yeah you can have a pet then charged extra nondisclosed fees after their tenancy ends. They are told up front about pet deposits and potential extra charges for damages. I expect an ethical business would disclose the same information about their smoking policies when specifically asked about them instead of saying smoking was allowed and deliberately failing to disclose that it would be considered damaging the apartment and there could be extra fees associated with it. Not to mention that the previous three years I was a resident at a different Wooten Company managed property ([redacted]) and wasn't charged anything for smoke damages after smoking in that particular apartment for THREE YEARS, and was told the exact same thing about smoking there as I was at [redacted], that it was allowed, no disclosure of any potential fees for damages. The deposit reconciliation from that apartment when I moved out charged $90 for "Extra Carpet Cleaning" (no mention of smoke damage on the form I received). Which after three years of doing landscape maintenance and tracking all kinds of stuff in on my shoes after work, the carpet was disgusting. There was actually a ring around where my computer chair had sat. I believe it was reasonable for me to assume, after being told I could smoke in the apartment without being told that there could potentially be extra fees associated with doing so and after smoking in another Wooten Company apartment for 3 years after being told the same thing and not being charged extra for it, that it would be considered normal wear and tear and I wouldn't be charged for it. Also I'd like to see an invoice from when the apartment was last painted prior to my tenancy as there was no smell of fresh paint when I moved in which would indicate it was not new paint when I moved in, and as such the repaint charges should have been depreciated instead of charging me the full amount for the repaint. I'm not contesting the charges for the blinds as they were yellowed and dirty because I hadn't cleaned them the entire time I lived in the apartment, and the issue was disclosed during the walkthrough and I signed off on it. I believe that had I not had a run in with Ms. [redacted] the week before I moved out which resulted in me attempting to contact the Wooten Company directly to file a complaint against her that the only charges I would have had were for the blinds. Which is why I'm asking that the $170 charge be removed, and that the deposit minus the cost of the blinds be refunded.
Final Business Response /* (4000, 17, 2015/09/28) */
The information and dates identified in the previous response by our business were identified from the complainants file. Further, the explanation of charges and specific references to the Lease Agreement have previously been identified and explained. We will attempt to clarify the new information in question. The complainant is correct they were charged and paid for additional carpet cleaning at a different apartment community managed by the same company. This complaint however is for the current unit and charges due to damage by the complainant from smoke and nicotine. The complainant is incorrect in referenced pets as the Lease does state "Please note: Damages that are not detectable or visible at the time of inspection (eg. Pet damages to carpet) may result in additional charges" . We do apologize if the complainant experienced any problems with phone communication to a supervisor, they were however able to meet with a member of Senior Management and discuss the charges in person as identified by the complainants response. In addition per the complainants request the unit was painted on July 21st 2014 prior to their occupancy on July 25th 2014 by a 3rd party contract vendor. The general ledger has been placed in the complainants file and may be viewed at the corporate office where they previously met with Senior Management. No alterations can be made to the Security Deposit Reconciliation as the Landlord experienced the charges as a direct result of the actions by the complainant.
Initial Business Response /* (1000, 5, 2016/12/29) */
Dear Ms. [redacted],
We appreciate your effort to take care of damage your pet caused to the apartment you rented from Pebblecreek. I reviewed your lease paperwork and spoke with the Pebblecreek staff regarding your claims. Your non-refundable...
restoration fee covered the cleaning fees and maintenance of the unit and it was $215.00, not $250.00. We received payment from you for $400.00 in pet fees shortly after move-in (not $500.00) and we clearly outline these fees as non-refundable in your lease. In bold, all-capital letters we state that the pet fee will not cover any damages that your pet may cause and ask that you carry a pet endorsement on your renter's insurance, which you did. We have filed a claim on that policy and will credit your account once settlement is reached on that claim. This occurrence should qualify.
We do require you receive our approval to make repairs in your apartment (again stated in your lease, page 3 section 9.) The apartment is leased to you but owned by the landlord and we have the right to require vendors to show us credentials and proper insurance before performing work at our locations. The consideration to make repairs to the carpet damage in your unit was reviewed by our carpet vendor and due to the urine saturating the carpet pad under the carpet; we were not able to only repair the ripped/torn sections. Full replacement was needed for the entire apartment except for the bedrooms. Your apartment's carpet was brand new at move-in. It was originally installed on 12/14/15 at a cost of $1626.24. You moved in 12/18/15. The cost of the carpet replacement we passed on to you included any discounts we receive from our vendor and was $700.68. This is a rate of $0.93/sq. ft. and the average market rate for carpet is $4.12/sq. ft.
Your refundable $100 security deposit has already been applied to your outstanding charges (all fees were outlined in your lease on page 2). Once we have been notified of any settlement to the pet damage claim we will also notify you. Again we appreciate your honesty and ownership of the pet damage that was apparent in your apartment and your attempt to resolve it. We hope to make this an inexpensive endeavor for both of us by utilizing the insurance for its intended purpose. Thank you
Initial Consumer Rebuttal /* (2000, 7, 2016/12/31) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I will keep watch for the statement to arrive once the insurance has adjusted what it's expected to cover.
Initial Business Response /* (1000, 5, 2016/06/08) */
Contact Name and Title: [redacted], PM
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@thewootenco.com
Dear Mr. [redacted],
Thank you for your feedback. It is very helpful and confirms our feelings in regards to recent decisions we...
have made to end a long-term relationship with a provider. We agree with you and have already instigated what you refer to as "Option Three" about 30 days ago. Unfortunately, when you change providers there is some reconfiguration required and that cannot happen overnight. We are actively working on resolving this matter.
Sincerely,
[redacted]
Property Manager
Initial Consumer Rebuttal /* (2000, 7, 2016/06/08) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I understand that these things can take time. Access to the Internet is a larger and larger issue in today's society, and it certainly comes with headaches.
I urge you to speed the process along as fast as you can; this issue is affecting not only me, but most of the other tenants I've spoken with regarding the issue.
I have not at this time heard about anyone planning to leave over the issue, but general satisfaction is not good.
I have reasons to believe there may be hardware problems on site here at Pebblecreek, due to some testing I have done. I'm willing to speak with the new folks if you would like me to do so.
I hope the matter will be resolved soon.
Initial Business Response /* (1000, 9, 2016/08/31) */
We are aware of the issues with the internet and understand the tenants frustrations. This location was obligated to a contractual agreement with an internet company which recently expired. As a result the internet was put out to bid by other...
3rd party internet providers. A provider has been selected and we are finalizing the new contract at this time. Further, we have been in communication with the complainant and have assisted in contacting the current provider on the service issues. As of today, August 31st, the internet service issue has improved and is not in the state it was in at the time of the complaint. We have informed the complainant to contact us directly and we are happy to assist. We deeply apologize for any inconveniences they have experienced and we will continue to further correct any issues the tenants may have. In review of the coffee machine we contacted multiple companies for repair. As a result the machine has been sold and management is reviewing a replacement. We have removed any online coffee advertisements at this time until it is replaced. We once again appreciate the tenants cooperation and understanding.
Initial Business Response /* (1000, 9, 2016/10/19) */
Contact Name and Title: [redacted], PM
Contact Phone: 417-[redacted]
Contact Email: [redacted]@thewootenco.com
In regards to [redacted] complaint, I have researched her statements with my staff. We have taken appropriate action per...
the laws and statues we are governed by and the individual whom she says was looking in her window has been banned from the property with law enforcement's assistance. Any tenant associated with this individual has vacated the property. We took all appropriate action and my staff was diligent in the process in a timely way.
Our pool has been closed for the season but still being chemically treated. Before next season we intend to address any sandblasting needed or repairs, as is our protocol.
I have not been able to confirm that Ms. [redacted] was promised to have pet fees waived for her transfer unit and the original manager who worked with her is still an employee with the Wooten Company. I have consulted with that staff member and no statements of waiving pet fees were promised to her, so we disagree with her statements. While a new manager did take over the transfer process and completed and charged the fees appropriately, we apologize for any misunderstanding that she would have these fees waived. It is not our policy to do that and she requested the transfer for a larger apartment, which we accommodated.
[redacted] has been a location that the Wooten Company has been considering for renovation. Its an exciting endeavor which would involve millions of dollars. I'm not surprised she heard about the prospect of renovation, but we are in the early exploration of this project, and by no means have finalized any plans.
We have had staff changes as any business experiences and we hire as quickly as possible trying to find the right fit always. We apologize that she feels that a new employee is inconvenient. Concerns about her carpet on her past apartment were not expressed at the time of move-in and we are unable to resolve that for her as she no longer occupies that apartment.
All of Ms. [redacted] feedback is extremely helpful and we greatly appreciate her communication with our office. We will use her comments as training opportunities and hope she will see an improvement in her stay with [redacted] moving forward.
Initial Consumer Rebuttal /* (2000, 11, 2016/10/21) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Although I'm not the happiest with their response, I understand that it is what it is and it's not going to change. I just hope that they do follow through on using my comments and concerns for future training and make sure that in the future more things are documented about their residents concerns when they are first presented.
I hope they do decide to move forward with renovations, it would just be appreciated from a tenant stand point if we aren't told several different things as to when it will start and what all with be happening.
Initial Business Response /* (1000, 9, 2015/04/09) */
The complainant filed this case on 3/25/2015 before they contacted our accounting department and spoke to an accountant to resolve this situation. The accountant checked our database and responded the same day by 1) contacting the collection...
agency, 2) contacting the rental company where they applied for housing in regards to the reference we provided and amount owing, and 3) verifying the collection agency would take care of notification to the major credit agencies removing the balance owed. As far as the request for the percent of move outs billed, the Accounting Director emailed the complainant the same day informing this information is not available as it would change monthly. As a result of this case filing the file and documentation was pulled from storage and reviewed. It was discovered then that a previous employee during the time the resident moved out of this unit wrongfully reissued an incorrect Security Deposit Reconciliation Agreement. This employee is no longer employed and cannot be questioned as to why the charges were reduced. The original amount owed of [redacted] was the result of cat urine damage [redacted] and kilz/paint to the walls [redacted] The [redacted] deposit was applied leaving [redacted] owed. This portion of the total flooring bill of [redacted] dated 8/22/14 consisted of carpet pad [redacted] install [redacted] kilz/labor to sub floor [redacted] and labor to remove previous padding [redacted] The charges and findings were noted on the Move Out Checklist. Responsibility for these charges were clearly outlined within the lease agreement and addendums and signed by the resident. The complainant assumed responsibly for the resident's charges as a result of the signed Guarantor Agreement at move in. The Notice to Vacate form signed 4/1/14 by the resident acknowledges the extent of charges would be determined upon move out and offers the right to be present for said inspection. It further states the resident received the Acknowledgment of Departure form that identified the resident is responsible for cost of carpet or flooring damage and replacement. Due to the mis-communication by a previous employee and the removal of charges due to incorrect information entered into our database from an incorrect Security Deposit Reconciliation Agreement, we will not pursue any further collection of charges.
Our response to Ms. [redacted]’s complaint is as follows: The Wooten Company, nor any of our staff, are retaliating against [redacted] in any way. We have tried to resolve multiple issues during her tenancy in spite of many efforts on her part to present new demands at every turn. She...
has had to pay for a new door that was damaged at the cost of actual replacement for the existing door (not an upgraded door). The damage was caused by her guest and any reimbursement to her for that is dependent on her guest. Ms. [redacted] was a previous employee of the apartment community in which Ms. [redacted] lives and Ms. [redacted] sought different employment but not because of a dispute about ADA guidelines. It was a personal choice for Ms. [redacted] and she left on good terms with the Wooten Company. Ms. [redacted] has an ongoing complaint of stalking against someone who is not a resident of her apartment community. She has made us aware of her efforts to contact the police department and that is appropriate. We are not involved in that ongoing investigation but continue to try to be helpful when needed. All lighting issues are resolved as reported and we are not aware of anything outstanding and our staff has verified all lighting is currently working. Ms. [redacted] reported a complaint to the Health Department about feces being on a piece of wood trim under the mailbox area of her community, which was later determined to be a scuff mark on the trim only, and not feces. The Health Department did ask that we replace a smoke detector in Ms. [redacted]’s unit and when our maintenance staff attempted to do that, Ms. [redacted] had a couch propped against her door. Our staff member left without completing the service request or further attempting entry. Our office then scheduled the service request with her to be completed at her convenience. We have no evidence to support her claims of crimes being committed at the property although we take reports of these incidents seriously and we will follow up with local law enforcement. Ms. [redacted] has not paid her current month’s rent and her account has been processed for eviction per the lease agreement. Our staff has not opened any of Ms. [redacted]’s mail. A lease renewal would be permitted if Ms. [redacted]’s account was in good standing. We adhere to all federal and state laws and have not harassed Ms. [redacted] or her grandmother. We have had to ask Ms. [redacted] to be civil and not to raise her tone of voice or cursing at our staff on more than one occasion and we are working with her on that issue. She has been notified that another yelling/cursing incident will be a final violation and grounds for a 30 day notice to be issued to her.
Initial Business Response /* ([redacted]0, 5, 2015/03/11) */
This unit was originally occupied by a previous room-mate on 1/29/14. The complainant was added to the household in April of 2014 by signing a lease agreement through July 2014. In addition the previous household member and complainant agreed to...
a room-mate departure leaving the complainant and their guarantor responsible for the lease. An additional lease was signed beginning August 2014 and expiring July 2015. In November 2014 the complainant provided notice to vacate by December 31st 2014 to move in with family. However, they chose to cancel this notice and continue occupying the apartment. On March 9th 2015 the complainant and an additional person called the Management Office with questions regarding the lease resulting in a walkthrough of the apartment with Management staff and the complainant. A list of service request was generated in order to resolve any concerns they may have had. Work began on March 10th consisting of replacement of the fire extinguisher and smoke detector which were both completed. Although code does not require a fire extinguisher per apartment Management chooses to provide this. Smoke detectors are also provided for all apartments, in review of this unit the mount was found installed and no explanation can be determined where the smoke detector may be due to having a previous room-mate not currently residing. The complainant did sign acknowledging it was present and operable at move in. The door bolt mentioned resulted in verifying the locking handle was operating correctly. No issues could be found except a privacy door chain would not secure properly. These are not provided by Management but we will install a replacement at their request. The mold reported appears to be mildew on the bathtub enclosure walls. Per the lease signed it states "Periodically clean and dry the walls and floors around the sink, bathtub, shower, toilets, windows, and patio doors using a common household disinfecting cleaner." It also states 'Use the pre-installed bathroom fan or alternative ventilation when bathing or showering and allow the fan to run until all excess moisture has been vented from the bathroom." Since this has been reported to Management a service request will be completed treating the shower enclosure wall to remove any mildew present. In review of the crime mentioned the complainant at their own admission to Management has not filed any police reports. No other complaints regarding any recent incidents have been reported to Management. The Courtesy Patrol mentioned averages 4 inspections of the location per night. In addition they will also respond to any calls from residents requiring their services. Management has no reports of any incidents with the Courtesy Patrol or on their recent records with this community. The complainant may terminate the lease with an appropriate 30 day notice from the 1st of a month but is responsible for any fees, charges, or rent associated with the lease agreement. An additional option is a 30 day notice as stated, a $[redacted] transfer fee, and reqaulify per the criteria agreement at a Wooten location of their choice. This option will also include any fees, or charges incurred by move out within the lease agreement.
Initial Consumer Rebuttal /* (3000, 7, 2015/03/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I was contacted by the manager of the property. He stated that the lease will be corrected to expire July 1st of 2015. I use the installed fan and make sure that I take all precautions to ensure the property is kept in as good or better shape then I received it.
The manager agreed that once I give notice to move, they will be putting it on craigslist to fill the residence. I will accept that they list it when I give 30 days and my lease is up on July 1st as they stated when I was signing the lease.
Final Business Response /* (4000, 11, 2015/03/27) */
Management did not state the lease would be revised. No crime information was ever provided by the complainants and to our knowledge all service request have been completed. The legal binding lease agreement signed by the complainant does not expire until July 31st 2015. Any breaking or early termination of the lease agreement has been previously addressed.
Initial Business Response /* (1000, 5, 2017/06/09) */
The complainant listed on the consumer info is not a Leaseholder of the unit but an authorized occupant. Terms, conditions, requirements, etc. of the lease agreement must be discussed with the Leaseholder that has signed and entered into the...
contract. To specifically address the claims a leak was reported May 9th 2017, Maintenance Technicians responded and replaced a hot water tank from 9:59pm to 12 Midnight. Holes were cut in the sheet rock to allow any water to dry and scheduled for May 23rd 2017. The walls were inspected by both the onsite Maintenance Technician and the drywall employee and found no signs of any mold or residual water damage. Due to no further issues being found the drywall was repaired on May 23rd 2017. This gap is to specifically allow for dry time and inspections before enclosing the walls and or ceilings. A follow up service request was placed May 10th 2017 requesting the toilet to be inspected and as a result it was replaced. A 3rd service request reported issues on May 11th 2017 on the new hot water tank. As a result the thermocouple was repositioned, pilot relit, and we have no further issues reported to date. In reference to the electrical breaker issue a service request dated May 19th 2017 states the electricity was working for the microwave, fridge, and stove but outlets were not working in the living room. A breaker was found tripped and turned back on. Although we hope our residents do not experience service request we do take these matters serious and complete required repairs. We do not have any information reflecting the landlord is in default. Although Missouri does not have a mold certification process we do have a Mold specialist employed by our company. Further, a specific lease addendum references requirements and concerns for mold and mildew. As a result of the complainants statement we will further inspect the unit the week of June 12th 2017 through June 16th 2017. The current lease contract expires July 31st 2017. In the event the leaseholder chooses to terminate the current agreement a 30 day written notice on or before the 1st day of the month is required (July 1st 2017). This notice is available at the property Management office along with an Acknowledgement of Departure offering the right of a move out inspection.
Initial Business Response /* (1000, 9, 2015/02/19) */
The complainant applied on 1/10/in addition to other applicantsThe criteria sheet which sets forth all applicant requirements was signed by all membersA summary of this page document states each applicant must meet times the
rental amount, be months employed, months of rental history, have a credit score, meet the criminal background check, or if self employed, retired, or disabled provide copies of benefit statements, tax returns, or bank statements reflecting ability to pay rent for the term of the leaseIn the event an applicant does not meet criteria a Lease Guarantor may be accepted that meets all criteria in addition to monthly income times the rent amountFurthermore, this property is regulated by the Section Tax Credit Low Income Housing Program requiring all forms of income and assets to be verified through IRS/State approved documentationThe complainant is correct in stating parental income is counted as a method of incomeHowever, the applicants were denied as they were not able to meet the criteria requirements or obtain a Lease GuarantorThe complainant has previously been denied in September 2013, under the same Criteria Plan at a different location, and did not receive the application fee back due to the same policy and terms of applicationThe form in question states "The reservation and restoration fees will be returned if the applicant is deniedIf the applicant is accepted and fails to move in then the reservation fee and application fee will not be refunded"The application fee and application was accepted however the applicant failed to qualifyApplication fees are non-refundable therefore they cannot be returned in this case
Initial Consumer Rebuttal /* (3000, 11, 2015/02/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Wooten has responded with the criteria for acceptanceI was told when I applied for *** that my subsidized living/ or "gifted income" was acceptable as my income requirementI even offered bank statements as proof of the deposits and was told that it wouldn't be necessaryIn response to Wooten bringing up my past experience with themI applied for an apartment at *** *** and was informed that I had an outstanding balance with a landlordA balance even the landlord herself admitted she had never sent to meI was told that if I took care of it, they would be happy to rent to meHaving absolutely no problem with this, I took care of it immediately and proved it to herShe said great and I went about myselfI waited through the month, on the last day of the month I still had not heard from herI call times and finally manage to reach her around pm, I ask when I can come pick up my keys and she responds with "I got some bad news for ya." I was then informed that Wooten would not rent to meThe reason I feel my application fees should be returned can be summarized as follows: 1.) I asked specifically about the income verification before I placed an application and was informed, in front of both of my roommates, that it would not be a problem, that the signed form guaranteeing payment by my parents to me would be acceptable as MY incomeThe remote possibility that this would not be acceptable or that I would be required a co-signer were never mentioned
Final Business Response /* (4000, 13, 2015/03/06) */
The determination as to whether a co-signer may be required cannot be determined until all verifications are received and reviewedIn this case, the household did not meet all criteria requirements noted on the criteria sheet the complainant signed at the time of applicationThe income source was verified through the appropriate Section LIHTC verification forms of which the property is operated byBank Statements are not required in the event 3rd party verifications may be obtainedAs mentioned before all applicants much each meet specific gross income, employment, credit, rental, and background requirementsWith an approved co-signer that meets the guarantor requirements the applicants may proceed with the application processThey are denied under the guidelines they signed and the application fees cannot be returned as they are non-refundable at all locations this company manages
Final Consumer Response /* (4200, 15, 2015/03/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Wooten continues to repeat themselves, though I hope it's noted that Wooten didn't respond about my previous rental inquiry(which they brought up) with themEspecially considering they attempted to use it to discredit my current claimDespite the fact that they are saying "the determination of whether a cosigner may be required until all verification is received", thats not what I was told at the time of applicationThis was also not a private meeting, my two roommates were both in the office while I was told that my gifted income from my parents would be considered my income and I wouldn't need a cosignorThat was a lieRegardless of whether or not it's Wooten's policy to tell people about cosignors, thats something that was done wrong by the landlordAnd as for them saying application fees are non-refundable, that may be the case in theoryBut it doesn't change the fact that no where on the paperwork I signed does it say that application fees are non-refundableWhich circles back to my initial problem, if I hadn't been lied to about needing a co-signor I never would have put in application feesI asked all of the questions that I've posed in this forum prior to providing application feesIf *** had been honest wth me, I never would have given them application fees
Initial Business Response /* (1000, 5, 2016/11/11) */
We initially received this exact correspondence from Mr. [redacted] via email on our company website (we were unaware he also made the complaint on Revdex.com with the exact information until the following day). We began to take action that day and sent him...
a response email on 11/9/16. Here was our email response to Mr. [redacted]:
> Dear [redacted],
>
> First and foremost I want to apologize that you are so frustrated,
> it is completely understandable! I am working diligently to work on
> your issues that you listed. We went into your apartment on 11/7/2016
> and changed both of your filters. I have recorded that your last
> filter change was done in April, So I do recognize it was time to do
> so! Thank you for holding me accountable, and I'm glad that we were
> able to get that done for you. With the laundry room, I have inspected
> it and I cannot see any issues with it. To insure that they are
> working properly, we are going to do some test washings in it and if
> there are any issues at all we will get them dealt with. We have
> printed out your utility bills for the last 3 years. It looks like you
> are responsible for Electric, Water, Sewer, and gas. It looks like
> your utility bill ranges around 100.00. I do see a few months that it
> has been running a bit higher, but it looks like the hotter months of
> the year. I can certainly see your frustration with higher utility
> bills during those months, I have those too with my home and its
> certainly rough. We also inspected your floor while changing your
> filter. We don't feel any give in the floor, but do feel it is a
> little unlevel. If you want to make an appointment with me so you can
> show me what you are talking about, then please set that up with me.
> My phone number is XXX-XXX-XXXX. You now have a FULLTIME manager at
> Markwood! Her name is [redacted] and she will be happy to assist you with
> any work orders that you need! Just give her a call at XXX-XXX-XXXX.
>
> Thank you for your time,
> [redacted]
> Resident Manager- Southwinds
>
As of 11/11/16, we have not heard back from Mr. [redacted] but are hopeful if there is anything outstanding we can assist him with that he will let us know. Thank you
Initial Consumer Rebuttal /* (3000, 12, 2017/03/21) */
This company still has not repaired my damaged kitchen floor after my last request, and I have since fallen through and injured my back.
This is the second claim I've filed for the same concern. Record of that email communication is available. My previous concern regarded my kitchen floor, which I was afraid was unsafe because I could feel that the floor under the tile was weak and felt like it was going to give. Wooten Co. responded to you by saying they examined my floor and that it was fine. I took them at their word that no maintenance was required. This morning (2-23-2017) my left foot went through the tile and wood of my kitchen floor. As I fell, my right knee hit another area of the floor and went through the tile and wood. In the process I injured my back.
Resolution: I'm absolutely disgusted by this situation, as well as very angry. I will be visiting my doctor for my back and am considering contacting an attorney as well as any/all local media outlets unless I feel that this problem has been satisfactorily addressed and corrected and appropriate reperation has been made for my inconvenience and health risk.
Final Business Response /* (4000, 14, 2017/03/21) */
Mr. [redacted] did not report his latest service request to our on-site office or our emergency on-call service before contacting the Revdex.com on 2/23. On 2/23 he received a notice that his vehicle's license plate tags were expired from our office and for that reason his vehicle could be towed if no action was taken on his part. He demanded we reimburse him $5.00 for a car wash because of the sticker we attached to his car window. He did get his tags renewed that week also. He also filed the complaint with Revdex.com on Thursday, 2/23. By the following Monday we had inspected the unit and scheduled a repair on the subfloor of his kitchen and contacted our flooring company to complete the new flooring to cover that repair by the following Friday, 3/3 (today).
He stated in his Revdex.com communication that we never responded to his original complaint about the subfloor since he last brought it to our attention during Nov. of 2016. He did not talk with our office before he contacted Revdex.com in Nov. of 2016. Once we were notified by Revdex.com of several service requests and the flooring concern we responded by completing all his service requests and we inspected his kitchen floor during Nov. of 2016. At that time we asked him to meet with us so that we could understand where the flooring issue was as our staff inspected the floor and could find not any reason for concern. Mr. [redacted] did not respond until his most recent complaint with the Revdex.com on 2/23.
Mr. [redacted] is aware that we are fixing his floor as he has been home during our latest inspection of the floor this past Monday, 2/27. He sent us a note in our drop-box on 2/28 that states that he does not want to pay his rent for March and gave us a number to contact him if that would be something we would agree to. We have let him know of the final repairs on 3/2-3/3 and that we are not waiving his rent.
We have taken several pictures of the area and there are no rotted subfloor issues or any moisture concerns that contributed to the damage to his flooring. We are still unsure of why his floor was ever damaged. The repair was completed as scheduled and new flooring installed today, 3/3.
Initial Business Response /* (1000, 9, 2016/07/01) */
The complainant moved in on 6/16/14 on a 1 year lease, renewed an additional year in 2015,and vacated on 6/20/16. On this date she informed the office the carpet would need replaced due to pet damage. The complainant signed and agreed per the...
pet addendum which states "in the event the flooring must be replaced due to pet damage, resident will be charged with all costs related to removal, kilz, or other treatment of subflooring and all material & labor related to flooring replacement." Management informed the complainant in person of the pet policy on 6/20/16. In review a pet fee of $200 which is non-refundable was paid. This is used towards pet waste stations, pet waste bags, and pet waste removal during a tenants lease period. It does not cover pet flooring damage. Since the move out is so recent we are still waiting on estimates. Due to excessive urine damage current property damage is in excess of $1100. As for other service issues, a total of 14 service request were reported and completed during the 24 months of occupancy. These ranged from renewal incentives of multiple ceiling fans, toilet repair, freezer, and clogged sink to the roof leak. This was December 2015 and repaired by a licensed roofing company. The ceiling was further repaired by Maintenance Technician. These repairs did not cause urine damage and does not constitute returning a security deposit as a result of resident caused damages.
Initial Consumer Rebuttal /* (3000, 11, 2016/07/05) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Nothing I ever told them about was ever fixed. Toilet never fixed, freezer never fixed. Nothing I am very unhappy with thsee apartments and I was never informed of anything in the lease when I signed. I went in and was told I needed to sign these papers. In the time I lived there they had 5 managers and none of them did [redacted]. All they want is people's money.... and they won't get it. They got enough money from me and everyone to cover anything. When I first moved in thw first manager told me that the carpet in my apartment was old and needed to be replaced soon and was told not to worry about it. But all they do is lie and rip people off....
Final Business Response /* (4000, 15, 2016/07/14) */
In the previous response we have already addressed the complainants statements. There is no additional information to provide at this time.
Initial Business Response /* (1000, 5, 2015/10/07) */
Dear [redacted],
I read your complaint yesterday and was concerned. I am the Property Manager that oversees the [redacted] property from the corporate office. You are correct that we had a change in staff during the month of July at...
[redacted] Apartments. After reading about your situation I immediately wanted to eliminate an accounting error on our side. I looked at every account and was able to verify your claim of payment. I apologize that this was not previously corrected for you, as you believed it had been, and that a staffing issue may have been the cause. I have credited your account accordingly and will send out a revised statement today to you along with the refundable portion of your deposit in the amount of $100.00. Please feel free to contact me again for any further issues or concerns at the corporate office.
Sincerely,
Melissa [redacted]
Initial Consumer Rebuttal /* (2000, 7, 2015/10/08) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Thank you! I really appreciate it.
Initial Business Response /* (1000, 9, 2015/09/10) */
The questions can be answered directly from the lease agreement dated July 25th 2014, effective through July 31st 2015, and signed by the complainant. In paragraph 11, pg. 1, title "Right of Entry" it states: Landlord shall of right to enter the...
apartment at any time for the purposes of inspection, to make repairs, or to show the apartment to prospective resident. The landlord shall have free access to said apartment at all reasonable times, to keep the apartment in good order and condition and free from any nuisance. The complainant signed a Notice to Vacate document on April 1st 2015 that they were vacating on or before July 31st 2015 due to graduating and work. On July 20th 2015 a notice was posted by Management to the complainant which states a maintenance inspection will be performed on July 22nd 2015 offering 24 hours of advance warning. The complainant further signed the Acknowledgement of Departure on April 1st 2015 which states in paragraph 2 the deposit will be withheld per the lease agreement to restore the apartment to its condition at the commencement of the tenancy. This document further states in paragraph 3 the complainant is responsible to return the apartment in substantially the same condition in which it was received and the cost of labor and materials will be deducted for items such as wall, ceiling, door repair, carpet, drapes, bathrooms, etc. Further, this same document points out some charges may be made for other types of damages or abuse which are not listed above. The documents are referring to paragraph 6, pg. 1, of the lease which states: Resident acknowledges that (s)he has inspected the premises, and all parts thereof, are in good repair and satisfactory in all respects (including all conditions relating to the safety and security of the Premises) and that neither the Landlord nor its representatives have made any warranties with respect to the condition of the same. Resident agrees to maintain and return the Premises to the Landlord when the Resident vacated in good and satisfactory condition, normal wear and tear excepted. It is further explained in paragraph 8, pg 1, that the Resident shall be responsible for the costs of repairs and damages resulting from Residents misuse, waste, or neglect of the Premises, or that of the visitors. When the complainant moved in on July 25th 2014 they signed a Move In Checklist with the Manager accepting the unit, no smoke or nicotine damage were listed or damage to any walls, blinds, or odor. On July 31st 2015 in which the complainant signed the Move Out checklist it states: Blinds yellow both and walls, paint, ceilings little stained. In order to restore the unit to it's original condition and acceptable for leasing to future tenants a Contract Painter was hired to paint the nicotine/smoking/odor damage to the walls and ceilings in addition to full replacement of the blinds totaling $194. As mentioned on the the Security Deposit Reconciliation Statement the Landlord was charged $170 by the contract Painter and the blinds cost $24, in which the Security Deposit of $100 was applied leaving $94 owed by the complainant. These damages were caused by the complainant and not the Landlord therefore it is the responsibility of the complainant to pay the remaining balance to satisfy the damages in question. No additional charges for general cleaning, carpet cleaning, paint, kilz, etc. were charged to the complainant.
Initial Consumer Rebuttal /* (3000, 11, 2015/09/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The notice was NOT posted on July 20th or I would have received the notice and there would never have been any issue at all. The notice was not posted until after 5:30 pm on July 21, 2015, which was when I arrived home from work on the 21st and the notice was NOT there at that time. The notice was still on my door (or for all I know was put on the door right before Ms. [redacted] knocked) at approximately 3 pm on July 22, 2015 when Ms. [redacted] showed up to do the inspection because I had not left the apartment between arriving home the evening before and when Ms. [redacted] knocked on my door at approximately 3 pm. It fell out of the door at that time when the door was opened and she even commented at that time on the fact that I apparently had not gotten the notice. That was the whole reason there was even an issue with right of entry in the first place. Because reasonable notice had NOT been provided. I do have another former resident who lived there for part of the time I was a resident who can testify to the fact that notices were routinely put out after 5 pm for inspections that were going to be done the following day starting around 10 am. This wasn't a one time occurrence of the notices being given in an untimely fashion, it was routine the entire year I lived there, and it can be proven with testimony from other former tenants. I actually have time stamped, dated statements that the previously mentioned former tenant posted on my facebook page in reference to the lack of reasonable notice that I can take screenshots of and provide, and I'm sure she'd be willing to write a statement up as well if this has to be taken that far. All it's going to take to prove the lack of reasonable notice is for someone to talk to a couple other tenants from the year I was living there and get signed notarized statements from them verifying that the lack of reasonable notice was routine. I also had an appointment at 3:30 on July 22nd with a massage therapist that I had been seeing weekly for my fibro who could attest to my level of distrest and stress immediately following the incident when I showed up for my appointment. I can also provide copies of my phone records showing where I called the Wooten Company trying to file a complaint against Ms. [redacted] as soon as she left my apartment on July 22 and an additional call on the 23rd, both of which were 3-4 minutes in length, enough time to leave messages. I never got a response back even though I specifically stated both times I called that I wanted to file an official complaint against Ms. [redacted] and why. I actually gave the Wooten Company over a month to respond before I filed a complaint here and with the state AG. I gave the Wooten Company a chance to deal with the issue internally, without any admission of fault, and without outside complaints being filed, but it would have meant creating an internal paperwork trail that they obviously didn't want to exist so they ignored the issue expecting I would go away like most people do, because it's too expensive to try to fight them with a lawyer, and they wouldn't have to document the incident internally so there would be no official paperwork trail that might indicate a pattern of violating tenant right to quiet enjoyment. I tried to resolve the issue prior to moving out of the apartment, before the security deposit reconciliation was calculated, and can prove it via phone records. That's a large part of why I believe the charges are retaliatory in nature. I tried to file an official complaint against Ms. [redacted], after butting heads with her over the lack of reasonable notice, and she incidentally was the person who decided what I was going to be charged, but wasn't the person who did the final walkthrough with me. I'm not able to prove it as I failed to get a copy of the walkthrough I signed off on (which Ms. [redacted] would have been aware of as I didn't return to the office to get a copy after completing the walkthrough), but the only thing that was listed on there that I was told there might (emphasis on might, the lady who did the walkthrough really wasn't sure if I would be chargedbe a charge for at the time I signed it was the blinds. The statement about the walls being stained was NOT on the sheet when I signed off on it, that was added AFTER I signed it and without my knowledge. The only reason I know it's on there now is because I saw it on there in my file at the Wooten Company when I went there in person to try to discuss the charges, and I even stated at that time prior to seeing the sheet that the only thing I was told about and had signed off on during the final walkthrough was the blinds. The lady I was speaking to then pulled out the walkthrough sheet and that's how I found out that it had been added AFTER I signed off on it. I do have a time-stamped and dated video that I took in the car immediately following the walkthrough where I state as much. I'm also still contending that it should have been disclosed upfront that it would be considered damaging the apartment to smoke in it when I specifically asked about the smoking policies prior to signing the lease. When someone asks about a pet policy, additional charges are disclosed to them upfront. They aren't told yeah you can have a pet then charged extra nondisclosed fees after their tenancy ends. They are told up front about pet deposits and potential extra charges for damages. I expect an ethical business would disclose the same information about their smoking policies when specifically asked about them instead of saying smoking was allowed and deliberately failing to disclose that it would be considered damaging the apartment and there could be extra fees associated with it. Not to mention that the previous three years I was a resident at a different Wooten Company managed property ([redacted]) and wasn't charged anything for smoke damages after smoking in that particular apartment for THREE YEARS, and was told the exact same thing about smoking there as I was at [redacted], that it was allowed, no disclosure of any potential fees for damages. The deposit reconciliation from that apartment when I moved out charged $90 for "Extra Carpet Cleaning" (no mention of smoke damage on the form I received). Which after three years of doing landscape maintenance and tracking all kinds of stuff in on my shoes after work, the carpet was disgusting. There was actually a ring around where my computer chair had sat. I believe it was reasonable for me to assume, after being told I could smoke in the apartment without being told that there could potentially be extra fees associated with doing so and after smoking in another Wooten Company apartment for 3 years after being told the same thing and not being charged extra for it, that it would be considered normal wear and tear and I wouldn't be charged for it. Also I'd like to see an invoice from when the apartment was last painted prior to my tenancy as there was no smell of fresh paint when I moved in which would indicate it was not new paint when I moved in, and as such the repaint charges should have been depreciated instead of charging me the full amount for the repaint. I'm not contesting the charges for the blinds as they were yellowed and dirty because I hadn't cleaned them the entire time I lived in the apartment, and the issue was disclosed during the walkthrough and I signed off on it. I believe that had I not had a run in with Ms. [redacted] the week before I moved out which resulted in me attempting to contact the Wooten Company directly to file a complaint against her that the only charges I would have had were for the blinds. Which is why I'm asking that the $170 charge be removed, and that the deposit minus the cost of the blinds be refunded.
Final Business Response /* (4000, 17, 2015/09/28) */
The information and dates identified in the previous response by our business were identified from the complainants file. Further, the explanation of charges and specific references to the Lease Agreement have previously been identified and explained. We will attempt to clarify the new information in question. The complainant is correct they were charged and paid for additional carpet cleaning at a different apartment community managed by the same company. This complaint however is for the current unit and charges due to damage by the complainant from smoke and nicotine. The complainant is incorrect in referenced pets as the Lease does state "Please note: Damages that are not detectable or visible at the time of inspection (eg. Pet damages to carpet) may result in additional charges" . We do apologize if the complainant experienced any problems with phone communication to a supervisor, they were however able to meet with a member of Senior Management and discuss the charges in person as identified by the complainants response. In addition per the complainants request the unit was painted on July 21st 2014 prior to their occupancy on July 25th 2014 by a 3rd party contract vendor. The general ledger has been placed in the complainants file and may be viewed at the corporate office where they previously met with Senior Management. No alterations can be made to the Security Deposit Reconciliation as the Landlord experienced the charges as a direct result of the actions by the complainant.
Initial Business Response /* (1000, 5, 2016/12/29) */
Dear Ms. [redacted],
We appreciate your effort to take care of damage your pet caused to the apartment you rented from Pebblecreek. I reviewed your lease paperwork and spoke with the Pebblecreek staff regarding your claims. Your non-refundable...
restoration fee covered the cleaning fees and maintenance of the unit and it was $215.00, not $250.00. We received payment from you for $400.00 in pet fees shortly after move-in (not $500.00) and we clearly outline these fees as non-refundable in your lease. In bold, all-capital letters we state that the pet fee will not cover any damages that your pet may cause and ask that you carry a pet endorsement on your renter's insurance, which you did. We have filed a claim on that policy and will credit your account once settlement is reached on that claim. This occurrence should qualify.
We do require you receive our approval to make repairs in your apartment (again stated in your lease, page 3 section 9.) The apartment is leased to you but owned by the landlord and we have the right to require vendors to show us credentials and proper insurance before performing work at our locations. The consideration to make repairs to the carpet damage in your unit was reviewed by our carpet vendor and due to the urine saturating the carpet pad under the carpet; we were not able to only repair the ripped/torn sections. Full replacement was needed for the entire apartment except for the bedrooms. Your apartment's carpet was brand new at move-in. It was originally installed on 12/14/15 at a cost of $1626.24. You moved in 12/18/15. The cost of the carpet replacement we passed on to you included any discounts we receive from our vendor and was $700.68. This is a rate of $0.93/sq. ft. and the average market rate for carpet is $4.12/sq. ft.
Your refundable $100 security deposit has already been applied to your outstanding charges (all fees were outlined in your lease on page 2). Once we have been notified of any settlement to the pet damage claim we will also notify you. Again we appreciate your honesty and ownership of the pet damage that was apparent in your apartment and your attempt to resolve it. We hope to make this an inexpensive endeavor for both of us by utilizing the insurance for its intended purpose. Thank you
Initial Consumer Rebuttal /* (2000, 7, 2016/12/31) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I will keep watch for the statement to arrive once the insurance has adjusted what it's expected to cover.
Initial Business Response /* (1000, 5, 2016/06/08) */
Contact Name and Title: [redacted], PM
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@thewootenco.com
Dear Mr. [redacted],
Thank you for your feedback. It is very helpful and confirms our feelings in regards to recent decisions we...
have made to end a long-term relationship with a provider. We agree with you and have already instigated what you refer to as "Option Three" about 30 days ago. Unfortunately, when you change providers there is some reconfiguration required and that cannot happen overnight. We are actively working on resolving this matter.
Sincerely,
[redacted]
Property Manager
Initial Consumer Rebuttal /* (2000, 7, 2016/06/08) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I understand that these things can take time. Access to the Internet is a larger and larger issue in today's society, and it certainly comes with headaches.
I urge you to speed the process along as fast as you can; this issue is affecting not only me, but most of the other tenants I've spoken with regarding the issue.
I have not at this time heard about anyone planning to leave over the issue, but general satisfaction is not good.
I have reasons to believe there may be hardware problems on site here at Pebblecreek, due to some testing I have done. I'm willing to speak with the new folks if you would like me to do so.
I hope the matter will be resolved soon.
Initial Business Response /* (1000, 9, 2016/08/31) */
We are aware of the issues with the internet and understand the tenants frustrations. This location was obligated to a contractual agreement with an internet company which recently expired. As a result the internet was put out to bid by other...
3rd party internet providers. A provider has been selected and we are finalizing the new contract at this time. Further, we have been in communication with the complainant and have assisted in contacting the current provider on the service issues. As of today, August 31st, the internet service issue has improved and is not in the state it was in at the time of the complaint. We have informed the complainant to contact us directly and we are happy to assist. We deeply apologize for any inconveniences they have experienced and we will continue to further correct any issues the tenants may have. In review of the coffee machine we contacted multiple companies for repair. As a result the machine has been sold and management is reviewing a replacement. We have removed any online coffee advertisements at this time until it is replaced. We once again appreciate the tenants cooperation and understanding.
Initial Business Response /* (1000, 9, 2016/10/19) */
Contact Name and Title: [redacted], PM
Contact Phone: 417-[redacted]
Contact Email: [redacted]@thewootenco.com
In regards to [redacted] complaint, I have researched her statements with my staff. We have taken appropriate action per...
the laws and statues we are governed by and the individual whom she says was looking in her window has been banned from the property with law enforcement's assistance. Any tenant associated with this individual has vacated the property. We took all appropriate action and my staff was diligent in the process in a timely way.
Our pool has been closed for the season but still being chemically treated. Before next season we intend to address any sandblasting needed or repairs, as is our protocol.
I have not been able to confirm that Ms. [redacted] was promised to have pet fees waived for her transfer unit and the original manager who worked with her is still an employee with the Wooten Company. I have consulted with that staff member and no statements of waiving pet fees were promised to her, so we disagree with her statements. While a new manager did take over the transfer process and completed and charged the fees appropriately, we apologize for any misunderstanding that she would have these fees waived. It is not our policy to do that and she requested the transfer for a larger apartment, which we accommodated.
[redacted] has been a location that the Wooten Company has been considering for renovation. Its an exciting endeavor which would involve millions of dollars. I'm not surprised she heard about the prospect of renovation, but we are in the early exploration of this project, and by no means have finalized any plans.
We have had staff changes as any business experiences and we hire as quickly as possible trying to find the right fit always. We apologize that she feels that a new employee is inconvenient. Concerns about her carpet on her past apartment were not expressed at the time of move-in and we are unable to resolve that for her as she no longer occupies that apartment.
All of Ms. [redacted] feedback is extremely helpful and we greatly appreciate her communication with our office. We will use her comments as training opportunities and hope she will see an improvement in her stay with [redacted] moving forward.
Initial Consumer Rebuttal /* (2000, 11, 2016/10/21) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Although I'm not the happiest with their response, I understand that it is what it is and it's not going to change. I just hope that they do follow through on using my comments and concerns for future training and make sure that in the future more things are documented about their residents concerns when they are first presented.
I hope they do decide to move forward with renovations, it would just be appreciated from a tenant stand point if we aren't told several different things as to when it will start and what all with be happening.
Initial Business Response /* (1000, 9, 2015/04/09) */
The complainant filed this case on 3/25/2015 before they contacted our accounting department and spoke to an accountant to resolve this situation. The accountant checked our database and responded the same day by 1) contacting the collection...
agency, 2) contacting the rental company where they applied for housing in regards to the reference we provided and amount owing, and 3) verifying the collection agency would take care of notification to the major credit agencies removing the balance owed. As far as the request for the percent of move outs billed, the Accounting Director emailed the complainant the same day informing this information is not available as it would change monthly. As a result of this case filing the file and documentation was pulled from storage and reviewed. It was discovered then that a previous employee during the time the resident moved out of this unit wrongfully reissued an incorrect Security Deposit Reconciliation Agreement. This employee is no longer employed and cannot be questioned as to why the charges were reduced. The original amount owed of [redacted] was the result of cat urine damage [redacted] and kilz/paint to the walls [redacted] The [redacted] deposit was applied leaving [redacted] owed. This portion of the total flooring bill of [redacted] dated 8/22/14 consisted of carpet pad [redacted] install [redacted] kilz/labor to sub floor [redacted] and labor to remove previous padding [redacted] The charges and findings were noted on the Move Out Checklist. Responsibility for these charges were clearly outlined within the lease agreement and addendums and signed by the resident. The complainant assumed responsibly for the resident's charges as a result of the signed Guarantor Agreement at move in. The Notice to Vacate form signed 4/1/14 by the resident acknowledges the extent of charges would be determined upon move out and offers the right to be present for said inspection. It further states the resident received the Acknowledgment of Departure form that identified the resident is responsible for cost of carpet or flooring damage and replacement. Due to the mis-communication by a previous employee and the removal of charges due to incorrect information entered into our database from an incorrect Security Deposit Reconciliation Agreement, we will not pursue any further collection of charges.
Our response to Ms. [redacted]’s complaint is as follows: The Wooten Company, nor any of our staff, are retaliating against [redacted] in any way. We have tried to resolve multiple issues during her tenancy in spite of many efforts on her part to present new demands at every turn. She...
has had to pay for a new door that was damaged at the cost of actual replacement for the existing door (not an upgraded door). The damage was caused by her guest and any reimbursement to her for that is dependent on her guest. Ms. [redacted] was a previous employee of the apartment community in which Ms. [redacted] lives and Ms. [redacted] sought different employment but not because of a dispute about ADA guidelines. It was a personal choice for Ms. [redacted] and she left on good terms with the Wooten Company. Ms. [redacted] has an ongoing complaint of stalking against someone who is not a resident of her apartment community. She has made us aware of her efforts to contact the police department and that is appropriate. We are not involved in that ongoing investigation but continue to try to be helpful when needed. All lighting issues are resolved as reported and we are not aware of anything outstanding and our staff has verified all lighting is currently working. Ms. [redacted] reported a complaint to the Health Department about feces being on a piece of wood trim under the mailbox area of her community, which was later determined to be a scuff mark on the trim only, and not feces. The Health Department did ask that we replace a smoke detector in Ms. [redacted]’s unit and when our maintenance staff attempted to do that, Ms. [redacted] had a couch propped against her door. Our staff member left without completing the service request or further attempting entry. Our office then scheduled the service request with her to be completed at her convenience. We have no evidence to support her claims of crimes being committed at the property although we take reports of these incidents seriously and we will follow up with local law enforcement. Ms. [redacted] has not paid her current month’s rent and her account has been processed for eviction per the lease agreement. Our staff has not opened any of Ms. [redacted]’s mail. A lease renewal would be permitted if Ms. [redacted]’s account was in good standing. We adhere to all federal and state laws and have not harassed Ms. [redacted] or her grandmother. We have had to ask Ms. [redacted] to be civil and not to raise her tone of voice or cursing at our staff on more than one occasion and we are working with her on that issue. She has been notified that another yelling/cursing incident will be a final violation and grounds for a 30 day notice to be issued to her.
Initial Business Response /* ([redacted]0, 5, 2015/03/11) */
This unit was originally occupied by a previous room-mate on 1/29/14. The complainant was added to the household in April of 2014 by signing a lease agreement through July 2014. In addition the previous household member and complainant agreed to...
a room-mate departure leaving the complainant and their guarantor responsible for the lease. An additional lease was signed beginning August 2014 and expiring July 2015. In November 2014 the complainant provided notice to vacate by December 31st 2014 to move in with family. However, they chose to cancel this notice and continue occupying the apartment. On March 9th 2015 the complainant and an additional person called the Management Office with questions regarding the lease resulting in a walkthrough of the apartment with Management staff and the complainant. A list of service request was generated in order to resolve any concerns they may have had. Work began on March 10th consisting of replacement of the fire extinguisher and smoke detector which were both completed. Although code does not require a fire extinguisher per apartment Management chooses to provide this. Smoke detectors are also provided for all apartments, in review of this unit the mount was found installed and no explanation can be determined where the smoke detector may be due to having a previous room-mate not currently residing. The complainant did sign acknowledging it was present and operable at move in. The door bolt mentioned resulted in verifying the locking handle was operating correctly. No issues could be found except a privacy door chain would not secure properly. These are not provided by Management but we will install a replacement at their request. The mold reported appears to be mildew on the bathtub enclosure walls. Per the lease signed it states "Periodically clean and dry the walls and floors around the sink, bathtub, shower, toilets, windows, and patio doors using a common household disinfecting cleaner." It also states 'Use the pre-installed bathroom fan or alternative ventilation when bathing or showering and allow the fan to run until all excess moisture has been vented from the bathroom." Since this has been reported to Management a service request will be completed treating the shower enclosure wall to remove any mildew present. In review of the crime mentioned the complainant at their own admission to Management has not filed any police reports. No other complaints regarding any recent incidents have been reported to Management. The Courtesy Patrol mentioned averages 4 inspections of the location per night. In addition they will also respond to any calls from residents requiring their services. Management has no reports of any incidents with the Courtesy Patrol or on their recent records with this community. The complainant may terminate the lease with an appropriate 30 day notice from the 1st of a month but is responsible for any fees, charges, or rent associated with the lease agreement. An additional option is a 30 day notice as stated, a $[redacted] transfer fee, and reqaulify per the criteria agreement at a Wooten location of their choice. This option will also include any fees, or charges incurred by move out within the lease agreement.
Initial Consumer Rebuttal /* (3000, 7, 2015/03/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I was contacted by the manager of the property. He stated that the lease will be corrected to expire July 1st of 2015. I use the installed fan and make sure that I take all precautions to ensure the property is kept in as good or better shape then I received it.
The manager agreed that once I give notice to move, they will be putting it on craigslist to fill the residence. I will accept that they list it when I give 30 days and my lease is up on July 1st as they stated when I was signing the lease.
Final Business Response /* (4000, 11, 2015/03/27) */
Management did not state the lease would be revised. No crime information was ever provided by the complainants and to our knowledge all service request have been completed. The legal binding lease agreement signed by the complainant does not expire until July 31st 2015. Any breaking or early termination of the lease agreement has been previously addressed.
Initial Business Response /* (1000, 5, 2017/06/09) */
The complainant listed on the consumer info is not a Leaseholder of the unit but an authorized occupant. Terms, conditions, requirements, etc. of the lease agreement must be discussed with the Leaseholder that has signed and entered into the...
contract. To specifically address the claims a leak was reported May 9th 2017, Maintenance Technicians responded and replaced a hot water tank from 9:59pm to 12 Midnight. Holes were cut in the sheet rock to allow any water to dry and scheduled for May 23rd 2017. The walls were inspected by both the onsite Maintenance Technician and the drywall employee and found no signs of any mold or residual water damage. Due to no further issues being found the drywall was repaired on May 23rd 2017. This gap is to specifically allow for dry time and inspections before enclosing the walls and or ceilings. A follow up service request was placed May 10th 2017 requesting the toilet to be inspected and as a result it was replaced. A 3rd service request reported issues on May 11th 2017 on the new hot water tank. As a result the thermocouple was repositioned, pilot relit, and we have no further issues reported to date. In reference to the electrical breaker issue a service request dated May 19th 2017 states the electricity was working for the microwave, fridge, and stove but outlets were not working in the living room. A breaker was found tripped and turned back on. Although we hope our residents do not experience service request we do take these matters serious and complete required repairs. We do not have any information reflecting the landlord is in default. Although Missouri does not have a mold certification process we do have a Mold specialist employed by our company. Further, a specific lease addendum references requirements and concerns for mold and mildew. As a result of the complainants statement we will further inspect the unit the week of June 12th 2017 through June 16th 2017. The current lease contract expires July 31st 2017. In the event the leaseholder chooses to terminate the current agreement a 30 day written notice on or before the 1st day of the month is required (July 1st 2017). This notice is available at the property Management office along with an Acknowledgement of Departure offering the right of a move out inspection.