Banyan Living, LLC

Initial Business Response / [redacted] (1000, 5, 2016/04/01) */ Mr [redacted] made several aggressive and confrontational calls to the local leasing office as well as the Finance office in New YorkHe made dozens of threats to 'destroy' our company online and it would 'be his personal mission' to ruin our business in every possible social media outlet he canAs a company we do not require our team members to be yelled and/or sworn at Once Mr [redacted] stated he was getting a lawyer we had to end communication at that time, the State of Ohio will not allow an individual to make legal representation if they do not have a license to practice lawWe did inform him that we would have all documentation turned over to our legal counsel to represent the company in communication with his lawyer Mr [redacted] was also informed that the former Property Manager and Maintenance Technician that he claims misled him are actually the employees that both ordered the carpet replacement and gave written instructions of what percentage of the carpet replacement Mr [redacted] should be billed for once the vendor submitted the invoice for paymentMr***'s final bill was processed as soon as we received the invoices from all vendors involved with the process to prepare the unit for the future renterThe State of Ohio only requires processing a final move out statement within days IF a refund is due because it is commonly understood a landlord is unable to process an accurate billing statement without having invoices from vendors and that vendors bill anywhere from 30-after a service is preformed We are very distressed to hear Mr [redacted] is upset with out company however, we feel we went over and beyond to mitigate Mr***'s damagesBy replacing only a small area of carpet that was damaged by excessive pet waste instead of replacing the full unit's carpet his balance due is a fraction of what it could have been without the effort of the on site team he now claims misled himWe worked with different vendors to find the exact carpeting to be able to match what is already in the unit so only the small area could be replacedWithout finding the matching carpet the FULL unit would have needed to be replacedAs a result we will not be able to refund his damage deposit or waive his additional balance due since this is what the cost was to return the unit to the condition is was when he moved inFurthermore, this property is a brand newly built propertyMr [redacted] was the first person to ever live in this suite so there is no doubt where the excessive pet waste came from(Pictures and invoices have been turned over to our attorney awaiting the request from Mr***s attorney to receive a copy of all documentation) We value all of our residents and appreciate the opportunity to provide a luxury rental experience for all Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/04/08) */ (The consumer indicated he/she DID NOT accept the response from the business.) First off, even with the time-frame given above of 30-days, I should have been informed that was my carpet needed replaced and not needed to initiate that conversationAgain, I still haven't seen a bill and it's AprilTo me, that just reiterates the lack of communication, and the lack of people skills Banyan demonstrates with their former tenantsI haven't lived in an apartment since college - so maybe that's just me learning about the experience On that note - 1) "Aggressive and confrontational calls" - I initially called several weeks after my move out to inquire about my depositThe only response I received was that the Property Manager was new, she didn't know what she was doing, and that she was learning on the flyShe said she would get back to me by the end of the weekI never heard from them, and called back once every week or two to follow upSame response, each timeThe response time / training of the 3rd/4th? PM at that complex shows hereIf this is "going above and beyond to mitigate damages" (and I had no clue about any of that until I just now read it - again - due to lack of communication) then I can only imagine how difficult it must be to make everyone happyThese people are living saints! 2) Did not one time state I was getting a lawyerAfter being misled multiple times and weeks (after not being told the initial phone calls that the previous/had marked it for replacement the day I moved out) how ridiculous it would be if I needed to get a lawyer involved over a $depositGetting a lawyer involved for a dispute that is akin to costing of an hour of their time is beyond absurd 3) "Be his personal mission' to ruin our business in every possible social media outlet he can." This is hystericalI am a respected HQ teacher and coachI think it's a fair statement to say I have much more important things to do than spend time on social media to tarnish the companyI believe Banyan took the phrase, "I will be sure to leave reviews on rental sites" (which I may have written one?) as it being a personal mission of mine to destroy the company via social mediaA quick look at their Google reviews has three 1-star reviews and one 3-star 4) Pet waste is interesting to meI did not have a pet living at the complex with meI was not ever charged for a pet, which I imagine would be documentedI made multiple phone calls and emails to the front office while living there about several of my neighbors who would let their dogs off leash, do their deed in the spots of tall grass - notably in the space between the walkway and where I'd park my carI may have tracked in dog-doo a time or two on accident (my brother and girlfriend had several shoes ruined while visiting by not noticing until it was too late), but absolutely scrubbed it out with the appropriate chemicals and cleaning process To recap; I had a carpet cleaning scheduled for the day I walked out, which I cancelled because I was told by the Head of MaintenanceI was that I didn't need to get a carpet cleaning because they were going to turn it into the model / there wasn't enough wear & tear to warrant the costAgain, I would much rather have spent $to have my carpet cleaned (assuming that's what people did when they moved out to avoid losing their deposit) than a) lose my deposit or b) waste time doing this process The PM told me she wished all tenants were like me (No issues, never paid late, never any reports / noise / complaints / etc)Not one time during the walk-through with the Head of Maintenance was that brought up, nor were these supposed pet stains Fast forward to a month and a half after I move out - I was told I'd be billed for the difference between my deposit ($99) and the replacement of the carpet for the section (~$140)Verbally assaulted by the Regional Manager in response to an incredible lack of communication on her Property Manager's partI think the responses here speak for themselves over how Banyan really values all of their residents in order to provide a luxury experience for allTheir other reviews (Revdex.com and otherwise) show this as well I made the rookie mistake of not getting a written statement from him or the PM (again, both are no longer with the company and my previous residence has been turned into the model) because I had trusted these people with the well-being of where I had called home for monthsI made a rookie mistake of not taking pictures of my apartment during my walk-through with the HoM because I didn't think I would hear differently from the comments the PM made to me in her office after the walk through that I should expect a deposit check shortly If I need to pay the difference in my deposit and a section of carpet that Banyan wants to use because they turned my previous residence into the model - so be it$40-$(I still haven't seen a bill and it's April, I'm just guessing here) isn't worth either of our times, and either way - they have whatever evidence they want to show after I had moved out because - again - I trusted the word of the people who had been running the place while I lived there who - again - both were fired from the company within a week or so after I moved out Final Business Response / [redacted] (4000, 9, 2016/04/18) */ We are sorry to hear Mr [redacted] is still unhappy Although he claims the employees that are no longer with the company support him the documentation they left behind advised what he should be billed forThose employees scheduled the replacement and left written instructions of Mr***s obligationWe maintain Mr [redacted] is responsible for the cost or the replacement and therefore will not be able to issue a refund for his damages After Mr [redacted] advised that he contacted his lawyer, we informed him to forward the contact information of his counsel and we would forward that to our counsel as well to further communicate on this matterHe has not provided that information as of this dateOur attorney has all documents pertaining to his move out statement awaiting his counsel's call Thank you

Banyan Living, also known as Portside Apartments in Sheffield Lake Ohio is trying to make my husband and I pay them $more after we already paid them $to break our leaseThey want to make us pay them back $for a special that they gave us off of our rent when we first moved in and $back for a "move-in" special that we were aware at anytime was given to usAlso, when talking to them they weren't clear about any of thisThey just said to write them a check for $and to pay last months rent and utilities in which we didI just can't believe we paid $and they have the guts to ask us for more money after we settled everythingI don't think that it's fair that they are taking back a special we got when we signed our leaseThis is not the first I've heard about them ripping people off for chunks of money like thisI feel the ladies there are not professional and don't take the time trying to explain to people the process of everything instead t

(The following was copy/paste by Revdex.com staff - LST)***I spoke with the property manager, there was a little confusion on the terminations clause of the contract and I have cleared that up. We have reversed the chargeback fees and the past resident has a $balance with us

Although in this particular situation our non-refundable application fee policy was very transparent and co-applicant's criminal history was also a mitigating factor in the denial process the employee mentioned in the complaint is no longer with us With that being said we have decided to
refund the application fees in question as we are not able to gather additional information We hope the applicant was able to find a housing option that better fit the needs of her family. Respectfully

(The following was copy/paste by Revdex.com staff - LST)***I spoke with the property manager, there was a little confusion on the terminations clause of the contract and I have cleared that up. We have reversed the chargeback fees and the past resident has a $balance with us

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me I am glad they decided to do the right thing although it's a little weird they are adding things about a criminal history that no one has They have been extremely rude but again, I am just happy to have resolution Thank you for your assistance

Initial Business Response /* (1000, 5, 2015/06/19) */
We spoke with this resident on numerous occasions and let he know that her signed lease required she provide a signed notice to vacate to be compliant with the lease. (We are happy to provide a copy of the lease to her or the Revdex.com). We informed...

her that we cannot make verbal changes to a written contract. We also have the conversations documented with both current and previous staff members. We also have access to all company email feeds as well as notices that were sent to the residents reminding them when the lease expired and that they needed to give written notice. We are saddened to hear the residents are upset however we are unable to make exceptions to the contract and not stand behind the policy. We would be violating Fair Housing by not enforcing the terms of the lease the same to all residents. All others have complied and it would be unfair for these residents to not have to fulfill the same terms. We hope she can understand we are trying to maintain fair and unbiased business practices to all residents calling a Banyan Living property home.

Initial Business Response /* (1000, 5, 2016/04/01) */
Mr. [redacted] made several aggressive and confrontational calls to the local leasing office as well as the Finance office in New York. He made dozens of threats to 'destroy' our company online and it would 'be his personal mission' to ruin our...

business in every possible social media outlet he can. As a company we do not require our team members to be yelled and/or sworn at.
Once Mr. [redacted] stated he was getting a lawyer we had to end communication at that time, the State of Ohio will not allow an individual to make legal representation if they do not have a license to practice law. We did inform him that we would have all documentation turned over to our legal counsel to represent the company in communication with his lawyer.
Mr. [redacted] was also informed that the former Property Manager and Maintenance Technician that he claims misled him are actually the employees that both ordered the carpet replacement and gave written instructions of what percentage of the carpet replacement Mr. [redacted] should be billed for once the vendor submitted the invoice for payment. Mr. [redacted]'s final bill was processed as soon as we received the invoices from all vendors involved with the process to prepare the unit for the future renter. The State of Ohio only requires processing a final move out statement within 30 days IF a refund is due because it is commonly understood a landlord is unable to process an accurate billing statement without having invoices from vendors and that vendors bill anywhere from 30-45 after a service is preformed.
We are very distressed to hear Mr. [redacted] is upset with out company however, we feel we went over and beyond to mitigate Mr. [redacted]'s damages. By replacing only a small area of carpet that was damaged by excessive pet waste instead of replacing the full unit's carpet his balance due is a fraction of what it could have been without the effort of the on site team he now claims misled him. We worked with 2 different vendors to find the exact carpeting to be able to match what is already in the unit so only the small area could be replaced. Without finding the matching carpet the FULL unit would have needed to be replaced. As a result we will not be able to refund his damage deposit or waive his additional balance due since this is what the cost was to return the unit to the condition is was when he moved in. Furthermore, this property is a brand newly built property. Mr. [redacted] was the first person to ever live in this suite so there is no doubt where the excessive pet waste came from. (Pictures and invoices have been turned over to our attorney awaiting the request from Mr. [redacted]s attorney to receive a copy of all documentation)
We value all of our residents and appreciate the opportunity to provide a luxury rental experience for all.
Initial Consumer Rebuttal /* (3000, 7, 2016/04/08) */
(The consumer indicated he/she DID NOT accept the response from the business.)
First off, even with the time-frame given above of 30-45 days, I should have been informed that was my carpet needed replaced and not needed to initiate that conversation. Again, I still haven't seen a bill and it's April. To me, that just reiterates the lack of communication, and the lack of people skills Banyan demonstrates with their former tenants. I haven't lived in an apartment since college - so maybe that's just me learning about the experience.
On that note -
1) "Aggressive and confrontational calls" - I initially called several weeks after my move out to inquire about my deposit. The only response I received was that the Property Manager was new, she didn't know what she was doing, and that she was learning on the fly. She said she would get back to me by the end of the week. I never heard from them, and called back once every week or two to follow up. Same response, each time. The response time / training of the 3rd/4th? PM at that complex shows here. If this is "going above and beyond to mitigate damages" (and I had no clue about any of that until I just now read it - again - due to lack of communication) then I can only imagine how difficult it must be to make everyone happy. These people are living saints!
2) Did not one time state I was getting a lawyer. After being misled multiple times and weeks (after not being told the initial 3 phone calls that the previous/ex-PM had marked it for replacement the day I moved out) how ridiculous it would be if I needed to get a lawyer involved over a $100 deposit. Getting a lawyer involved for a dispute that is akin to costing of an hour of their time is beyond absurd.
3) "Be his personal mission' to ruin our business in every possible social media outlet he can." This is hysterical. I am a respected HQ teacher and coach. I think it's a fair statement to say I have much more important things to do than spend time on social media to tarnish the company. I believe Banyan took the phrase, "I will be sure to leave reviews on rental sites" (which I may have written one?) as it being a personal mission of mine to destroy the company via social media. A quick look at their Google reviews has three 1-star reviews and one 3-star.
4) Pet waste is interesting to me. I did not have a pet living at the complex with me. I was not ever charged for a pet, which I imagine would be documented. I made multiple phone calls and emails to the front office while living there about several of my neighbors who would let their dogs off leash, do their deed in the spots of tall grass - notably in the space between the walkway and where I'd park my car. I may have tracked in dog-doo a time or two on accident (my brother and girlfriend had several shoes ruined while visiting by not noticing until it was too late), but absolutely scrubbed it out with the appropriate chemicals and cleaning process.
To recap; I had a carpet cleaning scheduled for the day I walked out, which I cancelled because I was told by the Head of Maintenance. I was that I didn't need to get a carpet cleaning because they were going to turn it into the model / there wasn't enough wear & tear to warrant the cost. Again, I would much rather have spent $40 to have my carpet cleaned (assuming that's what people did when they moved out to avoid losing their deposit) than a) lose my deposit or b) waste time doing this process.
The PM told me she wished all tenants were like me (No issues, never paid late, never any reports / noise / complaints / etc). Not one time during the walk-through with the Head of Maintenance was that brought up, nor were these supposed pet stains.
Fast forward to a month and a half after I move out - I was told I'd be billed for the difference between my deposit ($99) and the replacement of the carpet for the section (~$140). Verbally assaulted by the Regional Manager in response to an incredible lack of communication on her Property Manager's part. I think the responses here speak for themselves over how Banyan really values all of their residents in order to provide a luxury experience for all. Their other reviews (Revdex.com and otherwise) show this as well.
I made the rookie mistake of not getting a written statement from him or the PM (again, both are no longer with the company and my previous residence has been turned into the model) because I had trusted these people with the well-being of where I had called home for 13 months. I made a rookie mistake of not taking pictures of my apartment during my walk-through with the HoM because I didn't think I would hear differently from the comments the PM made to me in her office after the walk through that I should expect a deposit check shortly.
If I need to pay the difference in my deposit and a section of carpet that Banyan wants to use because they turned my previous residence into the model - so be it. $40-$50 (I still haven't seen a bill and it's April, I'm just guessing here) isn't worth either of our times, and either way - they have whatever evidence they want to show after I had moved out because - again - I trusted the word of the people who had been running the place while I lived there who - again - both were fired from the company within a week or so after I moved out.
Final Business Response /* (4000, 9, 2016/04/18) */
We are sorry to hear Mr. [redacted] is still unhappy.
Although he claims the employees that are no longer with the company support him the documentation they left behind advised what he should be billed for. Those employees scheduled the replacement and left written instructions of Mr. [redacted]s obligation. We maintain Mr. [redacted] is responsible for the cost or the replacement and therefore will not be able to issue a refund for his damages.
After Mr [redacted] advised that he contacted his lawyer, we informed him to forward the contact information of his counsel and we would forward that to our counsel as well to further communicate on this matter. He has not provided that information as of this date. Our attorney has all documents pertaining to his move out statement awaiting his counsel's call.
Thank you

Initial Business Response /* (1000, 5, 2015/06/11) */
Banyan Living has made numerous attempts to make a reasonable offer to Ms. [redacted] regarding this matter. Under the advice of counsel we confirmed our offer is over and beyond what is legally required in this situation. We will continue to...

stand behind the offers we have made. We have attached copies of all communication to Ms [redacted] regarding this matter. We made timely follow ups to her requests for communication while always remaining professional. We have worked closely with counsel to be sure we are compliant with all Ohio State Laws on matters of this nature. We are saddened Ms. [redacted] has found her stay at [redacted] so distressing as we always strive to make our communities home for so many.
Initial Consumer Rebuttal /* (3000, 7, 2015/06/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As previously noted in my original complaint, Banyan is not taking full responsibility for allowing someone to enter my apartment without my consent or knowledge. Per my lease (and Ohio Law), they must provide a 24 hour notice in regards to entering my unit. Had they not breached that part of my lease, they would have realized that they had the wrong apartment. Had they simply picked up the phone to confirm this "work order", or even had the maintenance personnel knocked before entering, they would have been told that I did not request their assistance to "change my light bulb". I would have been able to tell them that they had the wrong unit again. There are no safeguards in place with Banyan. The previous management company never did such things. I have a right to privacy, and this was completely disregarded twice, and by the same person. Their employee, [redacted], is not being held responsible whatsoever. This is completely unacceptable. No one should have to worry about an unknown person entering their home while they are sleeping. The seriousness of these two incidents seem to be lost with Banyan. As I mentioned in the original complaint, they have only offered a $250.00 discount on my June rent, which I have paid, but I do not feel this is sufficient. Again, it happened twice! When will someone be held responsible? I certainly do not suggest anyone ever move into a property managed by Banyan. They clearly take no true responsibility for their mistakes and instead, try to turn it around on the victim. I had to continuously send emails and make several phone calls, because they were not responding in a timely manner. I have been a wonderful tenant, and due to their arrogance and outright denial of any wrong doing, I am having to relocate within the next 2 weeks. They have lost nearly $11,000.00 in annual revenue, from my rental payments, and you would think they would go above and beyond to keep their tenant happy and feeling safe, but this is not the case. I have shared this experience with everyone I know, and not one person thinks that I am being unreasonable. It has been made very clear that they will be doing nothing for me besides the $250.00 discount on the final rent payment, and that is unfortunate. I can only pray that this will never happen to anyone else and I will continue to share this experience so that others may avoid this management company and their blatant lack of respect for their tenants privacy. Someone should have verified the apartment number that was called in, especially since this had already happened once before. As a matter of fact, the maintenance man said that he has even questioned them because he recognized my apartment number from the first incident! He stated that he asked [redacted] if she was SURE this was the right one, and she assured him that is was. If he can recall the first incident and double check the accuracy, how in the world can the MANAGERS not do the same? I was told by [redacted] that she was putting notes in the computer that no one was to enter this apartment again without speaking to me first, and clearly she dropped the ball. This should have never happened. There should be safeguards in place and [redacted] should be fired for not doing her job. Bottom line is that they violated the terms of my lease and had I done so, I would be held accountable. Tenants have rights but for some reason they are not being enforced. I will be vacating the property by midnight on June 30, 2015 and will take pictures and video footage to ensure the return of my deposit. I took pictures when I first moved in and also wrote down a long list of damages that were already present when I moved in, so I need to protect myself from what seems to be a rather shady management company. Again, I do not feel that their discount was acceptable but I have no other choice from what it seems. Awful experience and I highly suggest potential tenants avoid this place!

Mr [redacted]'s Statement of deposit accounting has not been processed at this time as we are waiting on all invoice from the vendors to be recieved.   In the state of Ohio you have 30 days to process a final statement if a refund should be due.  IF a refund is due, it must be POSTMARKED no...

later than 30 days of return of possession.  Should there be a balance due as a result of damages or rent loss there is no specific time frame lain out in the Ohio Revised Statute, Banyan Living does have an internal policy to also process balance due statements within 30 days of move out and return of possession.  As of the date of this inquiry, there have been a total of 14 days.  In an effort to avoid future confusion we have confirmed the onsite office team is aware of the 30 day move out statement policy NOT 45.There was extensive damage to the drywall and carpeting in the suite of which pictures are attached.  Mr [redacted] never reported any concerns of cleanliness of the suite to the office team during his residency.  The first work request entered for his apartment was April 8, 2016, 10 months after move in and there was no mention of the cleanliness of the suite on the Move In Inspection form completed at the time of move in.  Furthermore Mr. [redacted] called into the leasing office on 8/22/16 requesting an inspection of charges for the pet damage and stated he was very concerned about being charged and that he wanted to make repairs before he moved out on 8/31/16, he did not repair the drywall he expressed so much concern for.  When he called on 8/22 for the inspection it is not possible that he would have been told by the employee he claims assured him he would not be charged as that employee left over a month before that date.  We would be happy to also provide the pet policy agreement to Mr. [redacted] if he has forgotten the terms he originally signed and agreed upon.  (We were only able to make 4 attachments which were used for the pictures of the suite condition at move out)  The pet policy agreement does not state that they will not be charged for damages made by a pet.  Should Mr. [redacted] be due a refund after all vendor invoices for repairs are processed he will receive that within the 30 days as required by Ohio Law.  We are very distressed to hear he was unhappy with our community and hope he was able to find something more suitable for his needs.