Aimco

Hello [redacted],
Thank you for your patience while we have been working on addressing your account. Due to the letters that you have attached, we have agreed to update your move-out to October 19th. This update will result in $299.90 being credited to your Final Account Statement. We still have not received a receipt for the carpet cleaning so that charge will stand. However, if you can provide us a receipt for the carpet cleaning, we would be more than happy to reverse that charge as well. In regards to your reference of the notice to vacate, this is something that is required only from the tenant. We have the right to ask any tenant that is violating the lease agreement to either vacate the premises or not renew their lease.

Hello [redacted],
Thank you for your patience while I have reviewed this with our team. Our 30 day guarantee is only applicable if you sign the lease "sight unseen." We are aware that you had viewed your apartment home multiple times before signing the lease. Therefore, the 30 day guarantee does not...

apply to you. In regards to your reasoning for leaving, we are very active on any issues pertaining to smoke. We will notify residents and even go as far as eviction when it comes to smoking on property. We were never made aware that you had a concern with the smell of smoke so we were unable to act upon this. What we can offer you is the ability to terminate your lease early by providing a 60 day written notice and paying an early termination fee equal to one month of rent. We can also offer you the option to provide a 60 day written notice and be responsible for rent until the home is re-rented or until the end of the lease (whichever happens first).

Initial Business Response /* (1000, 6, 2015/11/03) */
Hello [redacted],
Thank you for allowing me the opportunity to resolve this. Your Community Manager, [redacted], has notified me that your notice to vacate has been adjusted to reflect the date of your call, 8/6. I appreciate your patience while we have...

reviewed this.
Initial Consumer Rebuttal /* (3000, 8, 2015/11/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have received an updated invoice from AIMCO and Royal Crest Estates in the mail indicating a refund of approximately $246 is due to me. To date, I have not received the refund check itself. Once the refund check arrives I will consider this a positive outcome and be satisfied in the outcome.
I am marking this as not accepting the response from the business only because I have received documentation through the mail indicating a refund is due, but have not received the refund itself yet.
Final Consumer Response /* (2000, 11, 2015/11/11) */

Hello [redacted],
Thank you for your response. Unfortunately, the application fee is not refundable. Only the $500 holding fee to hold a certain unit is refundable. Please refer to the attached copy of our application terms which states "I understand the application fees accompanying this application are non-refundable...". Thank you for your patience while I have reviewed this.

Dear [redacted],   We understand that [redacted] has been in touch with you about your stated complaint and you have reached a mutually agreeable resolution.  Please let us know if you have any other questions. Thank you.

Initial Business Response /* (1000, 5, 2015/09/30) */
Hello [redacted],
I appreciate the opportunity to address this for you. Towing cars is not a violation of the lease agreement. Your $10.00 monthly parking fee allows you to park in the parking lots and the sticker is used to identify you as an...

authorized resident to the tow company. This sticker is required to be displayed at all times. We have provided you with a new sticker and waived the fee for this but unfortunately, we are unable to waive the towing fee. Thank you for your patience while reviewing this.

Complaint: 11184818
I am rejecting this response becauseThank you for your response. I have now sent the carpet and cleaning receipts and I would be grateful when you can confirm that both have been removed from my account.I refer to your comment on point 3 "that the eviction fee is completely unrelated to your notice to vacate and the date that you move out. the eviction fee was due to non payment of rent".  Yet this completely related to the notice.  My immediate reply via email and also via courier on 25th September (the rent was due on 1st October) to the office stated that the notice did not provide us with 6 weeks notice to leave and that Aimco were in breach of their own terms.  I offered as a way of settling this breach. The tenant would be eligible to pay a 3 week penalty by not providing a full 6 weeks notice if this was indeed the tenants breach and I have been advised by my lawyer that as the lease is silent on this issue of Landlords notice than the courts would apply equal terms.  This would equate to 3 weeks rent or approximately $2,000 on a month to month rental.  Whilst you are arguing that I was in breach of my rent. I was not in breach of the rent at the time of your own breach. In fact I reached out to your team on numerous occasions in order to reach an amicable compromise. This was ignored time and time again.  Placing me in an impossible situation regarding the rent.Due to this unfortunate set of circumstances, and your own breach I would ask you to reconsider removing the eviction fee of $430, the late payment fee of $200. I do not believe your organization is acting in the best interest of 1. collaboration 2. their tenants 3. law
Sincerely,
[redacted]

I am just waiting for their refund check.  Otherwise I accept their response .

Complaint: 11184818
I am rejecting this response because:I reject this reply whole heartedly. Corporations can not be allowed to make up their own rules and ignore the rule of law.1. I have attached letters to you, confirmed by courier on three occasions. We stated in every letter that we would be leaving at the lease end date. We also stated in the last letter that the keys and passes were left on the table. It is the corporations choice to ignore these legal letters and not to come into the property until after the lease date. It is wrong in law and wrong and common sense for us to pay penalty when we left on the date stated and agreed too2. We agreed to clean the property and the carpet which we did. You will find photos attached and also a document showing that we had a professional company clean the carpet. These have already been sent to you and ignored. These fees are onerous and need to be removed3. The lease states that the parties must provide 6 weeks notice to vacate. Your notice only allowed for three weeks. For Tenants we would have to pay a 3 week rental penalty. Corporations are not above the law. You need to pay the same penalty for not providing us with the correct notice period. In summary these costs are incorrect. I have been paying a pro-rated amount per month. This needs to be refunded. the addiotnal amount owing needs to be legally withdrawn and a penalty needs to be paid for the incorrect notice period.  regards [redacted] I have substantially more evidence that I can send you.
Sincerely,
[redacted]

Initial Business Response /* (1000, 6, 2015/09/30) */
Hello [redacted],
I appreciate the opportunity to address this for you. Unfortunately, we have no documentation that indicates that your notice of intent to vacate was sent at least 60 days prior to your lease end. If you had some form of proof...

that you could provide to us that indicates you did provide proper notice (such as a certified mail receipt), we would be more than happy to correct your Final Account Statement accordingly. However, if you cannot provide this, we will be unable to waive these fees. Thank you for your time and patience while reviewing this matter.
Final Consumer Response /* (3000, 2, 2015/06/06) */
6/6/2015Hi [redacted]I have been going crazy trying to find the letter dated March 2nd that was submitted to [redacted]. I could have sworn that I kept it with the letter from [redacted] received in February telling us where to mail the letter of intent form to, but I completely misplaced my letter of Intent form which was dated March 2nd.About a month ago, I faxed this form to [redacted], the general manager at the [redacted] rental community. I am going to keep looking, but would there be any way to obtain this form from her? [redacted]6/6/2015Hi [redacted]I have been going crazy trying to find the letter dated March 2nd that was submitted to [redacted]. I could have sworn that I kept it with the letter from [redacted] received in February telling us where to mail the letter of intent form to, but I completely misplaced my letter of Intent form which was dated March 2nd.About a month ago, I faxed this form to [redacted], the general manager at the [redacted] rental community. I am going to keep looking, but would there be any way to obtain this form from her? [redacted]

Initial Business Response /* (1000, 5, 2015/09/25) */
Hello [redacted],
Thank you for allowing me the opportunity to work with you on this matter. I have spoken with your Community Manager, [redacted], and he has agreed to allow you to move to a more affordable unit. In order to do this,...

however, you would need to pay $750.00 from the 30 day notice and transfer fee. You and [redacted] will need to work together to find which of our more affordable units will best accommodate your needs.
Thank you for your patience in resolving this.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Pursuant to a call with Ms. Dorflinger on September 4th 2015, it was noted that not only was I denied the option of transferring by the community manager(attached email and also documented in AIMCO notes log)- but it's also in conflict with Fair housing practices to punitively damage a resident searching for a solution to a financial issue.
Namely, I called AIMCO corporate and was referred to Ms. Dorflinger because I was looking to exercise our option of transferring units when we're in good financial standing. Even if that meant getting a roommate and transferring to a larger, more expensive, unit, the option should have been given. Since the Fair Housing Act specifies that its unlawful to treat residents differently in connection with terms and conditions, it's blatantly discriminatory to mandate someone whom you ASSUME can AFFORD something to sweat it out alone rather than find an equitable solution - especially since precedent has already been set; multiple residents of the same community were offered transfers in a timely manner.
Now, had the transfer been offered in MARCH when I contacted AIMCO, we would be telling a much different story. We are now 6 months dragged out due to lack of response from AIMCO, a term in which I've expended more than $14,000 in rent to your company, and you are offering me the "solution" of paying $750 more to transfer in the last two months of my lease? In no sense, mathematical, logical, or otherwise, are these solutions actually solutions.
In lieu of a reasonable agreement, I have no qualms in retaining counsel to have this litigated in pursuit of all available civil remedies.
Final Consumer Response /* (4200, 11, 2015/10/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My time and patience has cost a lot of money while these concerns have gone unaddressed. It is not a solution to propose a transfer once the lease is already over, when one was requested nearly 7 months ago.
I'll be seeking additional remedies.
Final Business Response /* (4000, 13, 2015/10/21) */
Hello [redacted],
You had signed a lease agreement for a 14 month lease and you are contractually obligated to fulfill the terms of your lease. Unfortunately, the options that I have previously provided to you are the only options that are available. Our Director of Operations, [redacted]l, had offered you the option to transfer in April and again in September under the requirement that you provide a 30 day transfer notice and pay the $750.00 transfer fee. You did not agree to the fees and we have no record of you attempting to pursue these options. Thank you for your patience while I have reviewed this.

Complaint: 11184818
I am rejecting this response because:These charges are still incorrect and was provided to you the week we vacated. It was also sent to your move out team. These have therefore been sent 3 times1. Please find the carpet cleaning once again attached2. You will also find your final amended bill attached. You are charging two cleaning fees totaling $173. These should be removed we had professional cleaners cleaning the apartment before we left. I have over 40 photos saved in Dropbox which I can forward to you. As I am limited to what I can attach I have just attached one photo of the kitchen.  All the photos have already been sent to aimcoI on two separate occasions. I have also attached once again the professional cleaning invoice.3. You are charging us an eviction fee of $430 yet we wrote to you on 4 occasions to make it clear that we are leaving on 19th October (lease end date). Including a letter from our lawyer. Sent via this website on the previous email.This eviction fee is incorrect and should be removed. You have also acknowledged that we left on 19th October making eviction proceedings irrelevant. 4. You finally acknowledge that we left on October 19th You then need to remove the month to month charge which is totally irrelevant as we completed the rental within the lease period5. The balance needs to show the deposit of $2000 which we paid when we moved in together with the additional payments we have made over the past five months of $100 per month6. You make the statement that you are entitled to provide just three weeks notice for us to leave even though tenants have to provide a minimum of 2 months notice.  I have been advised by my lawyer if the lease is silent on this issue then there is an assumption that the landlord has to provide the same period of notice. Corporations are not above the law and can not invent their own rules. Please reconsider this point  Sincerely,[redacted] 
Sincerely,
[redacted]

Hello [redacted], Our portal system did not fail because you were able to log in and this was not a widespread issue. The late fee charges still hold. Please see Page 2 Clause C of the lease agreement that you signed regarding late fees.   C. Returned Checks, Rejected Credit Card Payment or Failed ACH Debit. If a check from Resident is returned to Landlord by a bank or other entity for any reason, or if any credit card or debit card payment from Resident to Landlord is rejected, or if Landlord is unable, through no fault of Landlord or its bank, to successfully process any ACH debit Landlord is permitted to make hereunder, then   (i) Resident shall pay to Landlord the NSF Charge; (ii) Resident shall pay to Landlord the Late Charge; (iii) Landlord retains all other rights and remedies under this Lease for default; and (iv) Landlord reserves the right to refer the matter for criminal prosecution.

(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept Aimco's response because they were misleading and deceptive in getting us to sign the rental agreement. We felt pressured by staff to sign the agreement quickly and were assured that if we were to do so that we could cancel within the first 30 days. This was told to us by 2 separate staff members after they each showed us the unit. In fact when we signed the agreement the 2nd staff member pointed to the agreement and told us we could cancel within the first 30 days for any reason. If we had known that this was not true we would have never signed the lease in the first place.
This deception is in fact illegal and falls under the California Unfair Competition Law. If needed I will contact a local or state government agency, file a lawsuit, or simply walk away from the lease.
I have now paid for 3 months' rent plus a security deposit for a place where my wife and I have never lived. I am willing to accept an end to the lease as long as I do not have to pay any additional money. According to the apartment building sales staff they can rent apartments quickly so if that is in fact true then it shouldn't be a problem for them to find a new tenant.

Hello [redacted],
It seems that the notice you are referring to was our notice informing you that we will not be allowing you to renew your lease with us (attached). We are not required to provide you with a notice period for non-renewals. We have removed your painting charges but per your lease...

agreement, you are accountable for the cost of cleaning your home after moving out. The cost of the general cleaning was $75.00 and the carpet cleaning was $98.00, all of which you had agreed to in your leasing documents. Even if you had left on the date that you provided to us, you are required to return all keys and passes to be considered fully moved out. We had not received these items from you so we were not able to take possession until 10/22. You were charged a prorated month to month fee and market rent (as outlined in your lease) for those 3 days (10/20 – 10/22). The eviction fees that you mention are due to your non-payment which caused us to send a 3 day notice demand for payment and eviction filing. Due to all of this, your charges have been found valid and will stand.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Sincerely,
[redacted]

Hello [redacted],
I’m sorry to hear of your concern with being charged for not providing enough notice of your intent to vacate as well as being charged for cleaning your home.  We have activity notes recorded for every correspondence between our renewal team and you that advised you of your...

renewal and notice to vacate. These notifications were sent to you on 4/27, 4/28, 5/2, and 5/13. It is also advised within your lease agreement that we require a 60 day notice. Our system also automatically sends out an email alert to residents whenever there is a water shut off. You are correct in the instance about the leak when you first moved in. However, you had not physically moved into the apartment yet so we were able to clean and sanitize the home again before you had moved in. Your apartment also did not have any carpet in it. Your home had laminate flooring throughout.
Unfortunately, your cleaning charges are also valid. During inspection, our leasing consultant advised you on what items were dirty and she also entered activity notes to your file that day confirming this. It was explained to you that you would be charged $120 for a cleaning fee.  Upon further review of the pictures that were sent to you, our team has confirmed that it was indeed your apartment. These photos also show the items that our leasing consultant had specifically advised you would need cleaning. Please see the attached photos for reference. Thank you for your time and patience while we have reviewed this matter.

Hello [redacted], I appreciate your concern and I want you to know that we are working diligently to ensure our community is smoke-free and comfortable for our residents. Upon receiving these smoking complaints, we have made many efforts to locate and resolve the issue. Our team has, on multiple...

occasions, sent out community notices and email blasts to all residents reiterating how Windrift is a non-smoking community and any violators will be assessed a penalty fine. We have also conducted multiple unit inspections of your neighbors’ homes and yours as well. In each inspection, we have found no hint of smoke smell. Smoke smell, especially if your neighbors are smoking as consistently as you claim, would leave a lingering smell. Also, we have received zero complaints from any of your neighbors regarding smoke smell. There has also been no indication of your neighbors smelling smoke when we have personally reached out to them. Even though we have not been able to find any signs of this issue, we have still offered you the option to transfer units and you declined. If you would be able to provide us with the individuals’ apartment numbers or give us any information regarding who is smoking around you, we would love to address it with the individual and create a comfortable home for you. However, at this time, we will not be able to let you out of your lease.

Hello [redacted],
Thank you so much for bringing this to my attention. After reviewing the Notice to Vacate activity with our team, we have decided to agree with your resolution. You can now expect to receive your entire $500 deposit back. Thank you again for your patience while I have reviewed this...

matter.

My leasing office settled the matter with me and deposited the amount into my dues for next month. I thank you for your time in opening a file on the matter and investigating. I just wanted to reach out and update you that the company has made it right. Thank you again.-[redacted]