Cedars Lakeside Apartments

Initial Business Response /* (1000, 5, 2015/10/13) */
Hello,
[redacted] was a former applicant to Cedars Lakeside Apartments. He applied out of nowhere online without calling to schedule an appointment to view the apartment he had applied for. On our website, there is a disclaimer clearly...

stating that in order for your application to be complete and submitted to management for screening, you MUST pay the non-refundable application fee of $45.00 and the security deposit of $350.00 to take the apartment off the market while your application is processing. [redacted] did so by submitting his credit card information and authorizing Cedars Lakeside to make those charges.
After several attempts to contact you by phone and email in regards to additional information we needed in order to process your application, we finally heard back from you. There were no texts were exchanged with you, just attempted phone calls and emails. It is against our policy to converse back and forth with applicants and residents via text. Your statement of us "texting" you was untrue and in fact contradicted in your complaint when you stated, "I was totally unaware of this policy. Never was it mentioned to me in our emails or meetings."
You stopped into the office to submit your proof of income. At no point in time did you ever express interest in viewing the apartment. After all, it is not uncommon for prospective residents to apply for an apartment online sight unseen. In fact, we had another application processing as sight unseen during the time your application was processing. After we finished your application, which took longer than it should have due to lack of communication from you, we called to let you know you had been approved and that you needed to go back online to authorize your deposit to be withdrawn. Since then we have learned that you do not need to authorize your deposit by signing back in, but that you initially agreed for it to be withdrawn when you submitted your application. We actually got notice 3 different times that the credit card you used was declined due to insufficient funds. At which time you came for a tour only after expressing concern about viewing the apartment, accepted the unit and left us a check for the deposit of $350.00.
Now, every company and property management company has different policy and procedure when it comes to their application process. Our company, Bigos Management, requires that the application fee and deposit be submitted at the time you drop off the application. This guarantees that particular unit to be removed from the market while your application processes. We do not cash the security deposit right away, we only hold it. Our policy is that you have until we call you to inform you that you have been approved to withdraw your application and get your security deposit back. In the event that your application is denied, your security deposit is refunded to you. However, if you are approved, we inform you of the decision and inform you that your security deposit will be cashed. If you decide not to move-in after we have let you know, you automatically forfeit your deposit.
We are unable to refund you the amount of the deposit because we were notified by our bank that you issued a stop payment on the check you submitted to us for your deposit. Because this happened, you also incurred a $30 NSF fee. We have since the put the apartment you applied for back on the market as you told one week after your tour that you received a scholarship for school that included student housing. The total amount owed to Cedars Lakeside Apartments is $380.00. Should we not receive payment, we do refer all non-payment accounts to an outside collection agency.
Initial Consumer Rebuttal /* (3000, 8, 2015/10/15) */
(The consumer indicated he/she DID NOT accept the response from the business.)
10-14-15
The chief complaints have not yet been addressed. A third party needs to be involved in this. Prior actions taken: a face to face meeting and a request for the documents that specifically stated this policy. These actions did not resolve the issue and added more uncertainty to the dilemma.
The chief complaint is the company policy of a forfeiture of my deposit if I decide not to move in. This policy was not discussed or seen at any point in our conversations through email texts or in person. I asked to verify what I had signed at the end of September and the manager failed to provide a signed document of this policy. She did provide me with a copy of my application. To my knowledge, nothing on that application indicated this policy. My immediate reaction was that this is some sort of illicit action that is stealing my money. Therefore, I withheld payment until such information is provided or understood.
The other complaint is that the manager was not completely aware of the policies of the business. As indicated in previous exchanges and her recent response: "Since then we have learned that you do not need to authorize your deposit by signing back in, but that you initially agreed for it to be withdrawn when you submitted your application." I am glad that she now understands the policy she is expected to adhere to, however she did not understand the policy at the time I met face to face with her. If the manager does not understand policies mandated by the company, how am I supposed to understand what I am signing and honor these same policies? When was this policy established? Again, where was this policy presented in the conversations I had and in the forms I signed? I was told that the deposit will hold the room and nothing else was mentioned about the policy.
Furthermore, in response to "You stopped into the office to submit your proof of income. At no point in time did you ever express interest in viewing the apartment." This is not completely true. I went in to give my paystubs to the manager and she did not think I made enough money to get approved. She simply did not comprehend my income and had to go to someone else to verify this. After this escapade, I had additional work to attend to and ran out of time to request a tour that day. I later emailed the manager, asking to see this apartment (which we will see attached).
In response and clarification to the comment made about texts, I am referring to email texts. Emails can be pictures, they can be videos, they can be any sort of virtual information. So please refrain from posting false accusations and furthering the confusion that already exists because of the lack of communication, frustration, and understanding of company policies. In addition, comments like "After all, it is not uncommon for prospective residents to apply for an apartment online sight unseen" is a borderline fallacy that suggests that I am one of those prospective residents which is not an accurate claim.
I want to also note that I felt I was pressured into this situation. I was looking at two other apartments at this same time and this is the only one where I felt like I had to make a decision immediately. Why is it that only this organization is where I felt pressured? Through the email texts, and in person conversations, it was dually noted that I MUST give them the security deposit to save the room otherwise it is free game.
The manager did not provide me with signed documentation that exhibited the policy she claims, did not understand company policies which yields the overall confusion of this dispute. Additionally, there was pressure to put down the deposit without a full explanation of what that entails.
Final Business Response /* (4000, 13, 2015/10/29) */
Hello [redacted],
As previously stated in our original response, we are unable to refund you the amount of the deposit, $350, as the credit card you used to submit your application fee and deposit was rejected 3 times for insufficient funds. In addition to the rejected credit card, the paper check you gave us for the deposit in office was also returned as you put a stop payment on the check and incurred a $30 NSF fee.
Thank you,
Cedars Lakeside Management