C & W Child Care & Learning Center

On September 18, 2015, *** *** completed an online application to procure a rental home with Oak Pointe Apartments Additionally, *** *** submitted an application fee of $and a holding deposit of $to reserve said apartmentAt the time of her
application, *** *** provided an electronic signature agreeing to the following terms and conditions (please see Exhibit ‘A’, attached):“If Applicant withdraws application prior to excitation of lease, the rental application holding/security deposit will be forfeited unless written cancellation is received within hours from the day of this online transaction.” On September 20, 2015, *** *** provided a physical signature on a Deposit and Rent Status form agreeing to similar terms and conditions (see Exhibit ‘B’ attached) that read as follows:“In the event the Applicant is approved and the apartment is available but Applicant elects not to rent the apartment, the Owner/Agent may retain the holding/security deposit as consideration in full for the Owner/Agent’s having held the apartment off the rental market. The parties agree that the amount of damages in that situation will be difficult to establish and that the amount of the deposit is agreed to as and for liquidated damages. If Applicant withdraws application prior to execution of the lease, the rental application holding/security deposit will be forfeited unless written cancellation is received within hours from this date.”*** *** initially requested a modate of September 24, (as reflected on Exhibit ‘B’) and was conditionally approved on September 23, 2015. When notified of her approval status, *** *** asked to delay her moand take possession of the apartment on September 26, 2015. On September 25, 2015, *** *** requested a copy of her lease agreement to review prior to her scheduled modateOur office obliged and forwarded *** *** an electronic copy of the same lease she would be asked to sign prior to taking possession of her apartment homePlease note that our lease agreements are generated through On-Site, which is why *** ***’s lease was forwarded to her for review in this electronic format. Had *** *** specifically asked for a printed copy of the lease agreement, we would have been happy to supply this to her.On September 26, 2015, *** *** requested the return of her holding deposit and, presumably, cancelled her application (see Exhibit ‘C’). Please note that days had passed since the submission of *** ***’s initial application, and days had lapsed since the signing of her Deposit and Rent Status receipt. An apartment home was held off the market for *** *** from September to September 26, 2015. *** ***’s holding deposit was forfeited because she opted to cancel pursuant to the 72-hour return period, and no refund was offered by Oak Pointe Apartments

I am rejecting this response because:Oak Pointe Apartments has not provided all documents associated with this complaintOak Pointe informed me on September 24th that they would not honor the original RDR and sent me a revised RDRI did not sign this RDR*** ***' commented that "they could not charge me twice the rent for my deposit" when I asked about the new RDRBecause they rejected the original RDR, they rejected my application, and I deserve my holding deposit backIn addition, they did not approve of my application on September 23rdThere was no communication from Oak Pointe Apartments to me on September 23rd despite my repeated attempts to contact themThe only communication I had from them was on September 24th with a new RDRBetween September 20th and 23rd, I repeatedly tried to communicate with Oak Pointe Apartments, but no one responded to my inquiries, even those made in personIn addition, *** *** did not initially want to send a copy of the lease (as written in her email to me), and I do not believe that the On Site lease agreement that she sent is the lease that I would have been asked to sign. *** *** and the other associates at Oak Pointe Apartments did not communicate with me in a timely fashion after I filed my initial applicationThis did not allow me to make any housing decisions during this timeIn addition, my brief conversation with *** *** concerning the substantially higher deposit seemed a bit odd, as I am not sure why Oak Pointe would want to charge me twice the amount of rent for a deposit I have included the email exchange between Oak Pointe Apartments and myself as well as the revised RDR. Sincerely, *** ***

When completing her application, *** *** agreed to the following criteria (see Items F, G and M on Exhibit ‘D’, attached):“FAll applicants must have an income of a reasonable amount times the rentWritten verification or proof of all income such as current month bank statement, last current paycheck stubs or last year's tax returns must be providedIf you have income from child support, disability, or retirement, you must provide proof of themVerifiable employment is required.GAll applicants must have a reasonable amount of good rental history, and/or have good mortgage payment history, written verification from the landlord and/or previous landlord maybe required. If renting for the first time, an additional deposit may be required depending on your particular situation.MAll applications will be processed and reviewedDepending on each individual situation, credit will be taken into consideration with all of the rental qualifications listed aboveAdditional deposits may be required depending on your particular situationUnfortunately, we cannot guarantee that your application will be approvedThe application may take up to days to process.”While *** *** supplied a letter from a representative at Fidelity Investments stating an estimate of the applicant’s current assets, an acceptable verification of income (i.ea bank statement) was not provided until September 23rd (see attached facsimile cover sheet from Fidelity, labeled Exhibit ‘E’ Please note, we are not providing the attached bank statements for confidentiality purposes)The lack of documented income (which, per Item F of Exhibit ‘D’, *** *** agreed to supply with her rental application) delayed the review and approval period Although *** *** claims that she was unable to get ahold of our office throughout the application process, it was upon my request on September 23rd that she supplied sufficient proof of income We made every effort to respond to *** ***'s inquiries in a timely fashion, whether by email, phone or in person.*** *** was conditionally approved because she was unable to supply a reasonable amount of positive, verifiable rental history, which is another stipulation acknowledged and agreed to when she applied While lacking said verifiable rental history is not grounds for denial of an application, it does require an additional deposit The revised rental deposit receipt was sent to *** *** on the morning of September 24th following a conversation reviewing her conditional approval and increased deposit amount the day prior. *** *** did not indicate her interest in cancelling at this time. The revisions set forth in the new Deposit and Rent Status form do not nullify the terms agreed to on September 18th (when *** *** applied) or the initial receipt (signed by *** *** on September 20th). The purpose of the revised Deposit and Rent Status receipt was to notify *** ***, in writing, of the changes in her mototals based on her conditional approval as well as the new prorated rent amount (altered due to the revised occupancy date of September 26th requested by *** ***)In response to *** *** concerns that the lease forwarded to her via On-Site was not the agreement she would be asked the sign at move-in, that is incorrect. On-Site, Incis a credit screening and lease generation service that Oak Pointe utilizes, and is referenced numerous times throughout the online application that *** *** completed An invitation to review and sign her personalized lease agreement was sent to *** *** via email on September 25th, as requested (see Exhibit ‘F’, attached)*** *** agreed on September 18th and again on September 20th that she would have hours to cancel her application in writing and receive a refund of her holding deposit (see Exhibits ‘A’ and ‘B’ included with our initial claim response) She also agreed in writing that “the Owner/Agent may retain the holding/security deposit as consideration in full for the Owner/Agent’s having held the apartment off the rental market.” should she elect not to rent the apartment *** *** failed to cancel in the allotted time frame and an apartment was held of the market for over a week in anticipation of her taking possession of said unit. In consideration of the evidence provided, we ask that the Revdex.com aid us in acknowledging the terms and conditions agreed to by *** *** at the time of her application