Cherry Bluff Apartments

Review: I moved-n-in apt2 in august of 2012 the apt wasn't properly ready for move in on the actual move-in. now I am being refused my deposit of $300. because of carpet cleaning,which they only placed new carpet in the apt and didn't do a make ready (cleanin and preparing) on the apt before me actually moving into the unit. the unit was never painted nor was it cleaned. I'm being charge for carpet cleaning and smoke billup to the walls, that occurred prior to move-in. So for after 2 different managers, and 2 different owners. I have yet 2 receive a copy of lease or anything showing a walk threw upon moving. I've tried on serveral time 2 contact management and all I get is attitude. i've spoke with the last manager and was inform about the damage and also statement the unit was in that condition upon move-in. I explain that I have 2 do the clean up when I moved-in and they continue to inform me that I have signed a lease and I also agreed to the walk threw as well. the dishwasher never work there was a hole in the hall closet next to the hotwater heater that was never closed.Desired Settlement: I want an apology and my full refund

Business

Response:

Thank you for your letter of August 21, 2013. We apologize for not responding sooner, but your letter was mailed to the wrong address and not received by our office until yesterday afternoon.

The lease was signed by the subjeci tenant on August 10,2012, while the apartment community was under the management of [redacted]. Just prior to [redacted], Inc., taking over management on September 1,2012, [redacted] sent a letter on August 20,2012, to all of their tenants, informing them of our company’s name and the fact that we would be taking over management. (Please note, the ownership of the property has never changed.) The subject tenant's file remained at the apartment community, with a full set sent to our corporate office from the [redacted]' corporate office. The subject tenant alleges that she never received a copy of her move-in paperwork when she signed her lease. Whether that statement is true or not, at no time during the transfer of management, or any time thereafter, has the subject tenant requested a copy of her move-in paperwork from our company. If she had, we gladly would have provided it. It is not uncommon for tenants to misplace their move-in documents, which is why it is our standard practice to make copies if and when requested. Although the subject tenant asserts that she contacted our office on several occasions, our records reflect that she made no contact with our office until after she had vacated.

We do note that when she spoke to the property manager a few weeks ago, she was adamant that she is uot a smoker and did not cause any nicotine damage. The property manager inspected the apartment after the subject tenant vacated and reported that the walls and cabinets were yellow with nicotine and the carpet emitted an extremely strong nicotine odor. At no time during her tenancy did the subject tenant complain about nicotine odor in the apartment. Further, in her complaint to your office, she made no mention that she is not a smoker. As that was her defense when speaking with us, it is curious that she has a different explanation in her communication with you. In her letter to you, she states that the apartment was not clean when she took occupancy and that she had to clean it herself. If she cleaned the apartment at move-m and continued to keep it clean during the tenancy, how is it that the walls and cabinets were coated in nicotine when she vacated? The Move-In Condition Report reflects that all flooring in the apartment was brand new and the walls freshly painted when the subject tenant took occupancy. We have the invoice from [redacted] reflecting the full carpet and vinyl replacement in the subject apartment on August 3, 2012, just several days before the subject tenant took occupancy. As all of the flooring was brand new, it contained no nicotine odor or damage of any kind. When she vacated, the carpet required a hot fog and neutralizer (smoke remediation treatment). [redacted] did the treatment. The painting was done by site staff.

Based on the above, the landlord believes the smoking-related charges are justified.

Your letter prompted a complete review of the subject tenant's file. In that review, we found that the file contains a Move-In Condition Report dated by the subject tenant, but not signed. Per law, the full deposit must be, and will be, refunded immediately.

Although we have evidence that the carpet was brand new at the time of occupancy, the missing signature on the move-in condition report, combined with the fact that the site employee with personal knowledge of the move-in condition is no longer available, we are waiving the $350 balance due and closing the file.

When the subject tenant vacated, she gave us a forwarding address in Fresno, Texas, When she contacted the property manager a few weeks ago, she indicated that she was still in Washington and had not moved to Texas; however, she did not provide us with her current address. If you would please supply her address, or have her cqntact us directly with her current address, we will mail the $300 deposit refund to her immediately.

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

Regards,