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Andalucia Villas Apartment Homes

5075 E 52nd St, Odessa, Texas, United States, 79762-5104

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After several intents to solve the issues with the personnel and/or staff of Andalucia Villas Apartments we wrote this letter to explain the reasons why we made the decision to execute our tenant’s right to terminate this lease with Andalucia Villas Apartments without any liability from us but with our right to receive back the security deposit that we fulfilled at the execution of the lease.

Noises and disturbs due to construction above my dwelling
1. We have been deprived of our quiet enjoyment of the premises due to the excessive noise result of the landlord’s construction or remodeling above of our dwelling.
2. We did not receive any notice of remodeling and/or construction by the leasing office of Andalucía Villas Apartments.
3. The noises are extremely annoying and prevent us to sleep appropriately causing us substantial disruption in our daily routine in a high degree of mental distress. (See audio attached)
4. I work night shifts and for me is very important to come home and rest in order to have a good performance at work. This situation and noises make me feel tired and irritated at all times. At this moment I am facing sleep deprivation due to these facts. By the time I come home from work, the construction workers are already working above our dwelling

Frequent Malfunctions of Smoke Alarms.
1. On October 16, 2017, the first maintenance work order was sent because the smoke alarms kept chirping. After maintenance came to the apartment to fix the issue, we were told the battery on the alarms was low but they were already replaced, meaning the problem was solved and we would not have to worry about it again.
2. On October 22, 2017 a second work order was sent claiming that the battery of the alarms was low again because they continued to chirp. Maintenance went to the apartment and “fixed the problem” for the second time. By this time, we were already frustrated and exhausted because it showed to be a bigger problem than just changing batteries.
3. A few days later we had to call emergency maintenance at about 6:00 A.M., and were told to just reset all of the electrical switches. After the maintenance man came we explained that they had already gone twice to fix them and they were still chirping, and he said, “if your smoke alarm starts chirping again, you can just disconnect them and take the battery off from it” That is not a solution because for our safety we cannot remove the smoke alarm. We were very concern and angry because terrible “solution” we were given.
4. The apartment complex (Andalucía Villas Apartments) after several times could not fix the problem, instead, they gave us a terrible advice (remove or disconnect the smoke alarm) that puts our safety at risk.

Lack of Parking Spot and violation due to Andalucía Villas Apartments permit to park our vehicle at the front office.
1. The Apartment complex has more than 400 Units and they only have around 50- 75 free parking lot spaces for the residents. We were provided with the option of getting an assigned parking space for $25-$75 extra a month, which we could not afford.
2. Due to construction, out of the 50-75 free parking spaces, around 10 of them are being occupied by construction material and machines.
3. Also due to the lack of free parking spaces we were told by management that we could utilize the parking spaces in front of the office after hours, including the handicap area since they were not monitored.
4. Relying on the permit from management, we parked our vehicle in such space. On November 19, 2017, we got a ticket violation for parking in the handicap space at the front of the office after hours. The ticket violation was for the amount of $547.00
5. On November 20, 2017, a visit to the leasing office was made to talk with *** (Area Manager) regarding the situation from the night before and trying to get some help solving the matter. We showed her the ticket and explained to her that the night of November 19, 2017 we spent about an hour trying to find a parking space and confiding on the fact that they had told us it was ok to park in the handicap spaces in front of the office we decided to park there since there was no other parking space available. We were just looking for some help and asked *** for a letter in which she stated that the office did gave us permission to park in such area or something we could show in court in order to ask for some relief, *** reluctantly redacted the letter and commented that “they were going to laugh at us in court.” As a result of the conversation, we felt mistreated and realized that we as residents do not have any support from our leasing office.

Insecure and unsafely condition of common areas in the complex
1. Due to the fact of the construction above our dwelling we found several nails on the ground immediately outside our building, including construction material that falls down from the roof. Which is extremely dangerous and could cause a horrible accident to any resident.
2. The Apartment complex has no consideration for their tenants. The common areas are unclean and in unsafe conditions.

Andalucia Villas Apartment Homes Response • Feb 05, 2018

21 December 2017Re: ***Apt #***
***
To Whom It May Concern,1. Like many area businesses, our buildings were affected by the large hailstorm in the Summer of 2017, causing major damage to our roofing. To avoid issues with the elements, we scheduled to have a roofing team onsite during business hours to make the repairs to every building. Due to being a 402-unit community with constant repairs and landscaping maintenance, noise during normal business hours is inevitable. The same goes for roofing debris around the community. The roofing team, along with our maintenance and office team, walk the premises several times daily to pick up as much debris as possible but with any kind of construction, we are human and stuff gets missed. Due to this reason and several residents bringing the debris to our attention, our roofing team moved a worker to the ground to constantly monitor debris, so anything and everything is picked up in real-time. 2. While we do have two documented service requests for a chirping alarm, the lease contract states on page 7, section B of 24.3, “You must pay for and replace batteries as needed, unless the law provides otherwise. We may replace dead or missing batteries at your expense, without prior notice to you. You must immediately report alarm or detector malfunctions to us. Neither you nor others may disable alarms or detectors.” As a courtesy to residents, we will replace alarm batteries and fix the alarms but as with all electrical devices, it may take more than two times to understand why it’s malfunctioning to decide how it needs to be fixed or if it needs to be replaced altogether. Only giving our maintenance team notification of the malfunctioning alarm twice was not ample opportunity for them to make the repair or get it replaced.3. Prior to any prospect applying for residency at Andalucia, our lack of open parking is thoroughly discussed and the options of paid parking are given to the prospect. If a prospect completes an application with Andalucia, the parking options are given again prior to an actual lease agreement being signed. While we have many happy residents who have chosen to budget for paid parking into their total monthly cost, we do have prospects who love our community but choose another community because their budget will not allow for additional parking. We do have a partnership with a local towing company who only monitors inside our gates, which does include handicap spaces if a proper permit is not displayed. In regards to vehicles being ticketed in our front parking lot outside of the gates, that is an area that is NOT monitored by our towing company. However, tickets come from local law enforcement, who have the ability to monitor anywhere and everywhere, and issue tickets when laws are broken. Parking in a handicap space without a proper permit is against the law. 4. In conclusion, the above issues were not listed on the resident’s typed notice to vacate letters submitted November 8th. Both residents verbally told multiple members of the office team conflicting reasons for vacating, which included job relocation and moving back to their home town of Houston. It was never brought to the office team’s attention that the reason for vacating was for the above issues, so we could work on a remedy. Not until after submitting their notice did the resident visit our office to discuss these issues with a member of management. On the typed notice to vacate letters, both stated that the residents would pay their final balance equal to one month’s rent, which is the Andalucia early termination fee. Per page 8 of the lease contract, under “special provisions”, The Buyout/Termination fee is equal to one month’s rent and is due prior to vacating. At this time, we feel the charges are fair and must be paid within a timely manner. We are willing to set up payment arrangements with *** and *** any time before February 1, 2018. After the first of February their account will be sent to collections.Thank you,***Area Manager

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Address: 5075 E 52nd St, Odessa, Texas, United States, 79762-5104

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