Historic Staunton Properties

Review: I was attempting to move into an apt. which I put $825 down as deposit, but after 3 days I called owner and was released from the contract 7 days before it was to take effect-due to the conditions of the apt, making me ill.As agreed upon, I would move in earlier (date signed contract 5th Feb, 2013-but the date I would actually "move-in" and contract would be official would be 15th Feb 2013) and I would/did paint walls to even out my living there "free"; before date contract went into effect. However, I became so ill I had to vacate the premises by the 3rd day.After I notified the landlord/owner she ([redacted]) said I was released from the contract but would receive my deposit, per David Bottenfield, after they received the keys.I waited for about 2 months & still no check in the mail. Finally, I called Davie Bottenfield again and he said check was sitting on his desk & he would send it out that day. Upon opening this letter I only received $550. I immediately called him and left a message that I would be arriving at his office to settle the matter. He was not in his office. When I called him again, and now he is not answering my calls.He told me that simce he had to put a new stove in the apt I would have to Pay $30 for the "upgrades" on this stove. If you subtract $30 from $825 = $795 not $550. The refrigerator in this apt was also old, and not working appropriately, and I was screamed at by [redacted] that my rent would have to go up (again).I believe the conditions of these apt are of horrible status. Just to get the walls cleaned took 4 times of scrubbing it with a sponge mop. (It took 2 mops, 1st mop broke).Desired Settlement: I am looking for the $245 that is owed me. I will be writing to other companies to help solve this problem and retain the $245 that I feel David Bottenfield still owes me.I have pictures, emails and text messages to back up my story and will hope to send to the local newspaper in Staunton, in hopes that anyone else who lives in conditions unsafe will take a stand against landlord owners who are not fair in their practices.

Business

Response:

Apartment # [redacted], Staunton, Virginia is in a building owned by Historic Staunton Properties, LLC. The subject apartment had just been vacated by the prior long term tenant when we, the members of Historic Staunton Properties, LLC were contacted by Ms. [redacted]. At that time there had been no advertisement of the apartment for rent, nor was there any signage offering the property "for rent". On Monday, February 4, 2013, Ms. [redacted] initially contacted us about renting a small commercial space which we had available in the same building. Ms. [redacted] explained that she had recently returned to the Staunton area and wanted to open a business here. In the course of our initial discussion with Ms. [redacted] we mentioned that we would be having an apartment available in the same building at a later date. Ms. [redacted] asked to see the apartment in question and was enthused about how convenient it would be if she were to live in the same building where she anticipated having her business. We told Ms. [redacted] that the recently vacated apartment was not ready for a tenant because it needed cleaning, painting and new carpet. Nevertheless she persisted in wanting to see the apartment, to which request we finally agreed. It was readily apparent that the apartment needed work; nevertheless, Ms. [redacted] insisted that she wanted to rent the apartment as it was, and that she would assist with the cleaning, painting, etc. in exchange for a discount on her rent. Ms. [redacted] said that she had many of her possessions in her car and needed a place to live immediately, Despite the fact that we told her that there was no electrical service to the apartment at that time, she insisted on being allowed to move in, to which we finally, reluctantly agreed. The next day, February 5, 2013, Ms. [redacted] voluntarily brought us a total of $825 cash ($550 deposit and prorated rent of $275 for the month of February). On that day she signed the lease, a copy of which is attached. Please see paragraph 5(a) of the lease wherein the Tenant (Ms. [redacted]) acknowledges that she has inspected the dwelling unit and agrees that it is fit and habitable. As far as we know, Ms. [redacted] resided in the apartment from that day forward. She did begin cleaning the apartment and preparing to paint it as she had agreed. At Ms. [redacted]'s insistence and based on having a signed lease with her we agreed to purchase a new electric range for the apartment (a nicer, more expensive model than we would have normally purchased) and we agreed to purchase and provide paint for the apartment in colors to suit Ms. [redacted] (not what we would have customarily used). As had been planned, we ordered new carpet to be installed in the apartment once the painting was completed. Please note that paragraph 1 (i) of the lease clearly states that the security deposit was $550 (not $825 as Ms. [redacted] has claimed). The remaining $275 was clearly shown in lease paragraph 1 ( c) as prorated rent. To our surprise some days later, Ms. [redacted] suddenly announced that the apartment was not satisfactory to her, claiming that "it made her ill" and she moved sometime later in the month; we are uncertain as to the day of her move-out. (We learned later that in the interim between the lease signing and her departure, she had apparently been invited to move in with an acquaintance living in the [redacted], Virginia area and share their housing. After, seeking to meet her demands we were upset with Ms. [redacted]'s abrupt departure and considered it to be a violation of the lease. Ms. [redacted] failed to return the keys or provide a forwarding address for some additional days after her departure. Legally, she was still in "possession" of the apartment so long as she had a lease and retained the keys. Per paragraphs 3 (a and b) we had 45 days from the time the apartment was legally vacated (and the keys returned) to send the Tenant her deposit. As Ms. [redacted] states we sent her a check for her full deposit of $550 within that timeframe. We felt that we had tried to accommodate a Tenant who later changed her mind and chose to renege on the lease she had insisted on signing. We feel that due to Ms. [redacted] breaking the lease we may have been entitled to retain all of her money; however, we decided to return the $550 deposit in full. After reviewing the terms of the lease and getting some informal legal advice we retained the prorated rent for February as (1) penalty for Ms. [redacted] having broken the lease, (2) compensation for the time and trouble Ms .[redacted] had caused us, (3) as reimbursement for the days she occupied the apartment and used the utilities (water, sewer and trash disposal services) which were provided, and (4) as reimbursement for the extra expenses we incurred in purchasing an "upgraded" electric range and "special" paint for the apartment at Ms. [redacted]'s insistence. In hindsight, we feel that Ms. [redacted] just "used" our place until she got an unexpected, better offer at which point she had to "justify" moving and breaking the lease by making the claim that the apartment was "unsatisfactory" and "made her ill". We feel that in light of Ms. [redacted]'s insistence on renting the apartment and signing a legally binding lease that we acted very fairly in returning her entire $550 deposit while retaining only $275 for the trouble, inconvenience and special efforts she had required of us. If you have questions about this matter please feel free to contact us at the address above or at ###-###-#### ([redacted]) or ###-###-#### ([redacted]), Sincerely, [redacted], Member [redacted], Member Historic Staunton Properties LLC