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Burba, Cole & Overstreet, LLC

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MrSean *** moved out on 4-30-and did not provide Parkwood Pointe Apartments (“Parkwood Pointe”) with a two months prior written notice of his intent to vacate the apartment unit/non-renewal as expressly required by the lease agreement between the parties. Mr*** spoke with
Parkwood Pointe’s manager on Tuesday, May 5th, after his move out, and stated that he had already vacated the apartment. The manager explained to Mr*** that as he did not give the two-month prior written notice of vacation/non-renewal as required under the lease he would be charged for two months rent, also as clearly provided for in the lease. Mr*** subsequently contacted The Goodman Group, which provides management services to Parkwood Pointe, regarding the issue, and it was again explained to him his notice obligations under the lease and that his failing to timely provide a notice of vacation/non-renewal resulted in Parkwood Pointe charging him for two months of rent. It was further stated to Mr*** that failure to timely pay the two months rent would result in his account being placed for collections I am The Goodman Group’s Regional Property Manager for Parkwood Pointe. We take great pride in providing our residents with a high level of serviceWe also believe that it is fair to enforce the terms of leases executed with our residents. The provisions requiring a two month prior written notice and failure to do so resulting in a charge of two months rent are clearly stated in writing in all leases offered by Parkwood Pointe, so Mr*** was indeed put on notice of same when he was provided the lease for his review and execution. If a resident does not provide the required two months prior written notice and then moves out at the end of the lease term, Parkwood Pointe is left with an apartment that is unoccupied and not generating revenue, and will not do so until a new renter is found, which can take some time (and Parkwood Pointe has already lost the two months it would have had to market the apartment for rent if such two months notice to vacate had been properly given from tenant). In order to preserve its ability to generate uninterrupted revenue from its apartment units in the case of a tenant that does not follow the two month prior notice provision, Parkwood Pointe charges the equivalent of two months rent to such breaching tenant. This was done in Mr***’s case, in accord with the express terms of the lease

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