Garden Communities

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
This issue is not resolved. Since Garden Communities has previously failed to communicate openly and respond to any questions I have in regards to this situation. Garden Communities did not seal the hole back up upon completion of their inspection of the wall on 10/16/2015, and there is still a very strong mold scent coming from the carpet. I am requiring I be compensated in full for rent I have paid from 10/16/2015 to 11/30/2015, release from my current lease with no penalty or negative notes, and a return of my security deposit in full. According to Garden Community’s calculation of rent being $43.30 per day, I am owed $649.50 for October 16-31, 2015 and $1,299.00 for the entire month of November as well as my $500.00 security deposit which equals $2,448.50 to be paid in full. Furthermore, upon rearranging my belongings to allow space for [redacted] and [redacted] to cut open the wall, I have noticed my personal belongings including my queen-sized mattress and box spring have a strong mildew smell to them as well, which I consider to be unsafe and ruined. This will add $300.00 for the mattress and $100.00 for the box spring to the total, bringing the grand total to $2848.50. I believe I have done everything within my power to assist Garden Communities: reporting the issue at first notice and allowing Garden Communities to do everything they thought was necessary to remedy this situation. I have gone home on my lunch break on every occasion when someone from Corporate or my property manager needed to visit the unit to be sure everyone was on the same page and stress the importance of handling this situation professionally. The reason I am still in my unit is because within such a short time I have been unable to financially cover the costs of: finding another place to live, moving all of my belongings by myself without a vehicle, putting a deposit down in a new community and immediately paying higher rent than I am currently since I need to stay in the same area to be close to my work. I chose this community because of the convenience of location and pricing. I was not expecting to move until January 2016 at the earliest, if at all.I feel victimized. I do not believe Garden Communities has given the proper attention to me as a tenant and my concerns. The terms and conditions I was offered were not within a reasonable timeframe. I do not feel as though Garden Communities has set up a plan that includes everyone’s best interests. I did not ask for my wall to be cut open- this was purely [redacted]’s doing. I did not delay Garden Communities from making repairs. I did not create a mold or moisture issue in my apartment. I am entitled to a safe, inhabitable unit and I have not been provided with one since October 16th, 2015. I am choosing to be released from my lease and move out of La Jolla Canyon community, however, I did not agree on staying until December 15th. I simply asked if it was an option. All of my personal belongings have been removed from the apartment as of Sunday, November 29th, 2015. I have completed a walk-through of the unit today with ** and he has confirmed the unit is currently is great condition and I will be receiving my full deposit back, minus a final [redacted] bill.
Regards,
[redacted]

We sent the following emails to resident in response to her concerns.  We offered to release from lease immediately or transfer to another apartment in the community but resident is opting to stay until mid-December delaying our ability to complete repairs. 
From: Customer Service Sent:...

Tuesday, November 17, 2015 2:13 PM[redacted]
Good afternoon [redacted],
We apologize for any miscommunication.  Additional repairs will not be scheduled until you move out in December. 
We will send a representative from our corporate office to the community next week for a follow up inspection.
As reported to you after air quality inspection your home is not uninhabitable.  A small section of drywall was removed to view thru to interior of wall and back side of exterior wall and then replaced. 
You were offered a comparable apartment to transfer and offered release from lease waiving the requirement for 30-day notice if you prefer to move to another community instead of transferring to another location in the community.
Again, the offer to transfer to a comparable apartment, if available, or move to another community at your earliest convenience without penalty is available.
You requested to stay until December 15.  See correspondence pasted in below.
From: Customer Service Sent: Tuesday, November 03, 2015 6:53 AM[redacted]
Good morning [redacted],
Rent due December 1, 2015 = $649.50 (1299/30 = daily rate $43.30 x 15-days).  In the interest of federal and state fair housing laws, we are unable to make an exception and grant your request to waive rent due on December 1, 2015.  Final YES energy bill will be deducted from your deposit along with any applicable charges.  See excerpt from Lease Agreement below:
Landlord shall furnish Resident with an itemized written statement of the basis for deductions and amount of Security Deposit withheld after the termination of this Lease Agreement, if any; along with the current disposition of the Security Deposit, and shall return remaining portion of the Security Deposit in accordance with the requirements of the law, no later than twenty-one (21) days after return of possession to Landlord of the Premises. Resident shall not have the right to apply the Security Deposit as payment of the last month's rent.
Garden Communities Customer Service Team
http://www.gardencommunitiesca.com/
We know you have many options when selecting a community for your new home and value the opportunity to welcome you as a resident.
From: [redacted] [mailto:m[redacted][email protected]] Sent: Sunday, November 01, 2015 11:45 AMTo: Customer ServiceSubject: Re: LJCG 107 : Air & Building Sciences report
I have already paid rent through November and wish to be released of my lease at the end of this month or December 15th.
I have multiple family trips planned in November, some of which have been planned a year in advance: ~11/5-11/12 in Mexico~11/20-11/22 in San Francisco, ~And Thanksgiving is 11/26-11/29th up to Shader Lake, CA.
Moving in November is going to be really difficult and a huge inconvenience.
As far as financials are concerned, I am up to date on all of my rent and bills and have never had any issues with missing payments since 2/2014. I was not going to be penalized for missing it now even though this situation is still continuing to disrupt my normal routine.
The best I can do at this point to make the unit available to be worked on is to try to get everything moved out after work every day in November. If I can have some wiggle room with this, extending it to December 15th, that would be extremely helpful. I will be moving things alone for the most part while working full time and in between all of these planned trips.
The hole in my wall needs to be covered and sealed with a piece of drywall. I don't mind if it isn't painted, just so no outside elements or bugs can get inside during my final weeks here.
I'm asking my entire deposit is returned at end of this new lease end date. I have been nothing but respectful to the apartment and community. I will not be held responsible for any additional fees. I have lived here since 2/2014, this is all resulting from normal use.
Furthermore, I would like my file to state my lease was ended early due to construction needed on the unit and reflect nothing negative for future renting.
[redacted]
On Oct 28, 2015 3:25 PM, "Customer Service" <[redacted]> wrote:
 
[redacted],
It is our policy to release only the conclusion which summarizes the report.  The report does not indicate a health concern.  We are offering a transfer or lease break without penalty to expedite repairs not for any reason related to the current air quality.
Additionally, the Owner has approved a transfer to an upstairs apartment in a desirable location as a courtesy for the inconvenience of moving.  We are holding apartment 318 as an option after resident moves out this weekend.  Apartment [redacted] will be ready for move in by end of next week, we need a few days to clean, paint and install new carpet.
Garden Communities Customer Service Team
http://www.gardencommunitiesca.com/
We know you have many options when selecting a community for your new home and value the opportunity to welcome you as a resident.
From: [redacted] Sent: Wednesday, October 28, 2015 2:06 PM[redacted]
 
Hello,
Thank you for getting back to me. The reason I am asking for the report is for my records and for my own health concerns.
Is there a reason why I am not allowed to have access to the full inspection report and results regarding the unit I am currently residing in and have been residing in since February 2014?
[redacted]
Good morning [redacted],
We do not release the full report the pertinent information, conclusion summary, is pasted into the email sent to you yesterday.
Garden Communities Customer Service Team
http://www.gardencommunitiesca.com/
We know you have many options when selecting a community for your new home and value the opportunity to welcome you as a resident.
From: [redacted] Sent: Wednesday, October 28, 2015 9:15 AM[redacted]
 
Good morning,
Can you please send me the full report and results from the Air and Building Sciences inspection?I would greatly appreciate it.
Thank you,[redacted]
 
On Oct 27, 2015 8:48 AM, "Customer Service" <[redacted]> wrote:
Good morning [redacted],
Following up on inspection by our corporate representative we would like to schedule additional drywall removal and replacement in the bedroom. 
The Owner has approved transferring your deposit to a comparable apartment on same terms as your current lease or if you feel more comfortable moving to another community we will waive the requirement for a 30-day notice and lease break fees.  The offer for both options expires at end of business Sunday November 1, 2015.
We received results of testing from Air & Building Sciences, see conclusions below:  
  
We wish you a most enjoyable day, and thank you for your valuable tenancy.
Garden Communities Customer Service Team
http://www.gardencommunitiesca.com/
We know you have many options when selecting a community for your new home and value the opportunity to welcome you as a resident.
From: [redacted]] Sent: Monday, October 12, 2015 4:27 PMTo: lajollacanyon <[redacted]>Subject: Re: Follow Up check
 
Good afternoon **,
I appreciate you keeping me updated on this situation. Of course I would like to be present when the corporate rep is at the property if possible. I am available 12pm-1:30pm or after 5pm Monday-Friday.
Can you please explain to me what goal we are working towards with bringing someone from corporate out to visit the property again? We did moisture testing twice in the bedroom with positive reads and I can still smell the musty odor in the same general area. The smell is stronger when the carpet and pad are lifted and when the temperatures are high.
I definitely would like your and corporate's advice on what our next steps are: mold testing by a professional inspector, complete carpet and padding replacement, or otherwise.
As I have stated before, this is an important health issue that deserves close attention and speedy action to resolve.
Thank you,
[redacted]
Garden Communities Customer Service Team
http://www.gardencommunitiesca.com/
We know you have many options when selecting a community for your new home and value the opportunity to welcome you as a resident.
From: [redacted]] Sent: Tuesday, November 17, 2015 12:41 PMTo: Customer Servic[redacted]Subject: [redacted]
To Whom it may concern,
I have sent the attached letter to your corporate office via FedEx Overnight outlining my grievances and expected resolution.
Sincerely,
[redacted]

Review: I am writing to express my grievances and reach a resolution on issues starting on 9/17/2015. On that day, I noted a smell of mold coming the closet door area and carpeting in my bedroom. I mentioned my concerns to property management Vu, who requested that a moisture test be done. This testing took place a month later on 10/16/2015 and moisture was found in the unit around the area where the strongest scent of mold was coming from (to left of window by baseboard). Corporate requested that maintenance cut a hole in the drywall, to what end I am unsure. After the hole was cut, you could see light coming in from outside and the corporate rep stated,

"You can see daylight through here," clearly showing that the exterior wall is not effectively water or weatherproofed. The interior hole was patched with a plastic garbage bag and some masking tape that barely held to the wall. On 10/19/2015, corporate offered that I can be released from my lease with no penalty or be moved to a different unit, I was given three days to decide. I expressed my concern with being forced to move in such a short time frame. I sent a response to the email on 10/20/2015 in which I asked what their process is for release of lease (if I chose that option) and when I would need to move out by, and further expressed my concerns of being forced to pay moving expenses out of pocket when I am not at fault for the issue. I did not receive a response addressing my concerns of cost and timing, and at this time I have still been left largely in the dark on these issues.

Around 10/21/15 a mold test found levels to be elevated and corporate wished to schedule further drywall removal and replacement. I have still not been contacted for this repair as of 11/15/2015. It has been over a month and my concerns have not been addressed, my carpet still reeks of mold, and there is a 2 foot by one foot hole in my wall that leads directly to an improperly sealed exterior letting moisture and weather in.Desired Settlement: I am requiring I be compensated in full for rent I have paid from 10/16/2015 to 11/30/2015, release from my current lease with no penalty or negative notes, and a return of my security deposit in full.

Business

Response:

We sent the following emails to resident in response to her concerns. We offered to release from lease immediately or transfer to another apartment in the community but resident is opting to stay until mid-December delaying our ability to complete repairs.

From: Customer Service Sent: Tuesday, November 17, 2015 2:13 PM[redacted]

Review: When renting [redacted], we were led to believe that the apartment was fully equipped with air-conditioning, dishwasher, other amenities. When we moved in, we found that this was not as expected. We wanted to terminate the lease on the same day of taking possession (Oct 14), but the office was closed, so we left a voicemail (at 5:08 PM) on the Property Manager's phone. Before moving in, we had already paid for installation of wi-fi internet, electricity, water, renter's insurance, and for the moving company to move in our furniture, clothes, and all other belongings. The next day, we rented a truck and moved everything out again - to put everything in storage until we could find another apartment. We cleaned out the entire apartment and handed the keys back to the management on Oct 16. A representative came from the corporate office and assured us that the lease will be terminated without any costs to us and without applying any penalties.Desired Settlement: We would like to receive a complete refund of the monies that were paid to prior to possession of the apartment (security deposit and first month's rent = $2,075) as well as compensation for costs incurred while moving in and out of the apartment. Before moving in, we had paid for AT&T Uverse installation (= $99.00), Moving Staffers, Inc. (= $191.13) to move my belongings into the apartment, Home Depot truck rental (= $58.32) to move my belongings out of the apartment, $18.52 to fill gas in the rental truck, and rental of storage unit (= $181.64). We would like to receive a check for the total amount ($2,075.00 + $ 548.61 = $2,623.61) mailed to our address on file at the earliest possible time.

Business

Response:

The following response was sent to [redacted].

Review: I have many complaints about the business practices of the personnel at this Apartment Complex and have to date received no follow up on my concerns.

1. I moved into this apartment complex in May 2015 under the impression that this is a luxury apartment complex. On a daily basis I find trash on my way down stairs left by other tenants in the hallways and despite numerous complaints to the leasing office for months no answers or resolutions have come to stop the problem.

2. This past weekend my bedroom was flooded from a faulty washer machine hose that was not tightened properly and the repairmen that barged into my place without my consent have damaged my personal property, not to mention that I did not find the unit habitable for 4 nights until the repair was completed. There has been no accountability by the office for the damages and when I set up a meeting to discuss the issue with the office manager she failed to show to the meeting despite me having taken off work to meet with her, casuing me further losses in wages.Desired Settlement: I would like monetary compensation for and prorated rent + reimbursement for the damages to my personal property. The office claims that I should use my renter's insurance to pay for such damage. As this flood was caused by faulty installation of the machine by the leasing office, neither I nor my renter's insurance should be held liable for the damages.

Business

Response:

We met with resident, [redacted], and provided rent credit 4-days at 50% for inconvenience during repairs. In addition, we have an appointment this morning to repair the bookshelf.

We offered to release [redacted] from his Lease waiving early termination fees and requirement for 30-day notice and he agreed to our offer.

Pasted in below is correspondence with [redacted] prior to our meeting on Thursday October 29, 2015.

Review: Good Morning,

Today, I went in to provide my 30 day notice that I will be moving out of my apartment at Costa Verde Apartments since my lease will be over on Aug 31. I was just informed (07/23/15) that there will be a bed bug fee inspection charge of $250 for the apartment.

There was never such a fee stated in my contract when I first moved in last year. This fee was just implemented within these past two months.This is an unfair practice that is being done to preexisting customers. A company cannot implement a policy without notifying customers in advance especially when the lease is about to end.

Thank you,

Apt. [redacted] Building [redacted]

Costa Verde ApartmentsDesired Settlement: I respectfully ask that this matter be escalated. I would like the fee be waived, and for the release of my name off the lease.

Review: Moved in to the apt May 1 ,according to lease agency the apt was in good location never saw it because all the attempted emails received a response saying it’s under paint or stairs are being re-done. Living in the apt for such a short period of time, facing busy street and also back of the apt where the bedrooms are facing the street and most of the parking lot extremely noise day and night I have pictures and videos to prove it! Not being able to wake up in time to attend work and to add on the catastrophe the strong smell of curry in the apartment has gotten me so sick I had to seek medical help, I’m currently under medication and seek refuge at family members a few times a week in order to cope with this disaster. Neighbors set up chairs outside their residence at 6pm and hang out there for over 6 hours at night past midnight; calls to the office said cannot do anything. after over 10 attempts to reach leasing office via email and phone they said they cannot do anything to help with any of the issues except break the lease and take a loss. We are currently seeking legal help as well as putting together my medical issues, emails, recorded phone calls pictures and videos of the chaotic living we've encounter.Desired Settlement: To be able to move out by end of July wihtout any penalty , receiving our 1500 deposit back to be able to see another residence that is suitable and healthy living.