In response to the complaint filed by [redacted] on 9/28/2016:Residents are provided with an Inventory and Condition Form at the time the resident moves into the Premises. Within twenty-four (24) hours of the day on which the resident moves in, the resident needs to notify management in writing on...
such form of any defects or damages in the Premises; otherwise, the Premises and the fixtures, appliances, and furniture in the Apartment will be deemed to be in a clean, safe and good working condition and the resident will be responsible for defects or damages that may have occurred before the resident moved in. Upon review of the Inventory and Condition Form turned in to Management, there was no notification of defect or damage to the microwave handle; therefore, your account was charged for the replacement of the microwave handle. In addition, the lease explains "Reasonable Wear" as wear occurring without a violation of the Lease, negligence, carelessness, accident or abuse. The damage cause to the microwave handle is considered to be beyond reasonable wear because the cracks found at both the top and bottom of the handle could result in the handle breaking completely off of the microwave. A photo of the microwave handle damage was provided to [redacted] via email on 9/27/2016.As it relates to the Lease Agreement between [redacted] and Villas on Sycamore beginning August 20, 2014 through August 6, 2016, we do not feel that it is necessary to dismiss the damage fee charged at move out. We feel that we are within our rights to charge for the microwave handle damage as these terms are laid out in the Lease Agreement and were agreed to by [redacted] and Guarantor [redacted] upon signing the Lease Agreement. [redacted]General Manager Villas on Sycamore
In response to the rejection filed by [redacted] on 10/6/2016:Upon the management walk through completed by Assistant General Manager, Christopher Shank, on August 5, 2016, only the bedspace and bathroom was marked "okay" upon inspection. The common area was not inspected because it was still being occupied by other residents. However, the microwave handle was replaced prior to the resident's management scheduled walk through and move out date of August 5, 2016. An email notice of entry was sent on August 2, 2016 explaining that Maintenance would be entering units to begin repairs for the Turnover process.The photo provided of the damaged microwave handle was marked with the unit number and shows the damage to the top and the bottom of the handle where the handle attaches to the microwave door prior to it being replaced. Villas on Sycamore acknowledges that an after photo was not taken because the damaged piece was completely replaced. Villas on Sycamore also acknowledges that there was not a date stamped within the photo of the day that the photo was taken.The plaintiff has paid the balance due to Villas on Sycamore and the account has been closed. [redacted] **General Manager Villas on Sycamore
Complaint: ***
I am rejecting this response because:I only paid the amount charged after being threatened by The Villas to report to the credit bureau, not because I agreed with the charge. I still maintain they charged for normal wear & tear and are taking advantage of parents & college students. Their definition of normal wear & tear does not match the Texas Attorney General's definition. We agree to disagree.
Regards,
*** ***
In response to the complaint filed by [redacted] on 9/28/2016:Residents are provided with an Inventory and Condition Form at the time the resident moves into the Premises. Within twenty-four (24) hours of the day on which the resident moves in, the resident needs to notify management in writing on...
such form of any defects or damages in the Premises; otherwise, the Premises and the fixtures, appliances, and furniture in the Apartment will be deemed to be in a clean, safe and good working condition and the resident will be responsible for defects or damages that may have occurred before the resident moved in. Upon review of the Inventory and Condition Form turned in to Management, there was no notification of defect or damage to the microwave handle; therefore, your account was charged for the replacement of the microwave handle. In addition, the lease explains "Reasonable Wear" as wear occurring without a violation of the Lease, negligence, carelessness, accident or abuse. The damage cause to the microwave handle is considered to be beyond reasonable wear because the cracks found at both the top and bottom of the handle could result in the handle breaking completely off of the microwave. A photo of the microwave handle damage was provided to [redacted] via email on 9/27/2016.As it relates to the Lease Agreement between [redacted] and Villas on Sycamore beginning August 20, 2014 through August 6, 2016, we do not feel that it is necessary to dismiss the damage fee charged at move out. We feel that we are within our rights to charge for the microwave handle damage as these terms are laid out in the Lease Agreement and were agreed to by [redacted] and Guarantor [redacted] upon signing the Lease Agreement. [redacted]General Manager Villas on Sycamore
In response to the rejection filed by [redacted] on 10/6/2016:Upon the management walk through completed by Assistant General Manager, Christopher Shank, on August 5, 2016, only the bedspace and bathroom was marked "okay" upon inspection. The common area was not inspected because it was still being occupied by other residents. However, the microwave handle was replaced prior to the resident's management scheduled walk through and move out date of August 5, 2016. An email notice of entry was sent on August 2, 2016 explaining that Maintenance would be entering units to begin repairs for the Turnover process.The photo provided of the damaged microwave handle was marked with the unit number and shows the damage to the top and the bottom of the handle where the handle attaches to the microwave door prior to it being replaced. Villas on Sycamore acknowledges that an after photo was not taken because the damaged piece was completely replaced. Villas on Sycamore also acknowledges that there was not a date stamped within the photo of the day that the photo was taken.The plaintiff has paid the balance due to Villas on Sycamore and the account has been closed. [redacted] **General Manager Villas on Sycamore
Complaint: ***
I am rejecting this response because:I only paid the amount charged after being threatened by The Villas to report to the credit bureau, not because I agreed with the charge. I still maintain they charged for normal wear & tear and are taking advantage of parents & college students. Their definition of normal wear & tear does not match the Texas Attorney General's definition. We agree to disagree.
Regards,
*** ***