Law Office of Gregory E. Hoover, LLC, Attorney at Law

This letter is written in response to a complaint your office received from a prior resident's Guarantor of Lease for North Apartments, Case #***Our office received the notification from you on October 7, As you will see in the information provided below, our company was
not made aware of the concerns brought to you in their complaint prior to receiving the notification from your office.The complaint received from *** *** is in regards to a Guarantor of Lease Agreement that he signed with North Apartments for his sister*** signed as Guarantor of Lease fol his sister *** for her first lease term In order to protect the privacy of the Guarantor, a copy of the actual form is not attached; however, below is an excerpt from the Guarantor of Lease form which allows the resident to renew/extend their contract without consent of the Guarantor as well as holds the Guarantor responsible for all balances due as a part of the lease:"In order to induce Landlord to lease to the Resident identified above, the undersigned does hereby (if more than one, jointlyand severally) guarantee the payment in full of all obligations under the Lease to be executed by the Resident or any renewal,extension or subsequent Apartment Lease Agreement (whether for the same or different unit), and to pay all amountsincluding fines imposed pursuant to the Community Policies, or Attorney's fees incurred in the enforcement of the subjectApartment Lease Agreement or any renewal, extension or subsequent lease.This Guaranty may be enforced against Guarantor(s) without the necessity of recourse against Resident or any other partiesresponsibleGuarantor(s) consent(s) that any proceedings to enforce this Agreement or related rights may be brought beforethe court sitting in the judicial district or circuit in which the apartments are located, and Guarantor(s) consent to personaljurisdiction of such courts and agree that they may be served with process by certified mail addressed to them at the addressshown belowAny actions to enforce this Guaranty shall be governed by the laws of the State of South Carolina.The Guarantor(s) waive (1) renewal or notice of extension of time within which any payment of rental, damages or repairs orthe performance of other obligations shall be due; (2) necessity of recourse against Resident; (3) any understanding that anyother person, firm or corporation was to sign this Guaranty; (4) the incapacity or bankruptcy of Resident or any otherGuarantor; (5) any notice of change or amendment to the Apartment Lease Agreement, the Community Policies, or the rightto any notice of default.Failure of Landlord to enforce rights or recovery against other occupants of the unit and any third parties shall not releaseGuarantor(s), provided Guarantor(s) is only liable for payments or obligations of Resident whose name is set forth above inaccordance with the terms of the Apartment Lease Agreement but shall be solely responsible as though Guarantor(s) were theResident."In addition to the amounts guaranteed, Guarantor(s) agrees to pay reasonable attorney's fees and all costs imposed under theterms of the Apartment Lease Agreement or required appropriate in enforcement of this Guaranty."At the time that *** was asked to move out as she had violated the housing contract, *** was contacted as he was the Guarantor of Lease on fileAt no point did he dispute his responsibility but rather came to remove her things from the unit as *** was not able to. *** states in his complaint that he asked to be removed as Guarantor of Lease at the time of the renewal leaseThere is no documentation in the file of this requestAdditionally, he states that our office stated that he was no longer neededOur office did not state that a Guarantor was no longer needed, it was simply not necessary for him to resign as the original document was valid for the renewalAt the time that *** came to our office for a copy of the signed Guarantor of Lease form, this issue of him having previously asked to be removed as Guarantor of Lease was not broachedHe briefly discussed their responsibilities with the officeHe was informed, that as she was being asked to vacate, they would not be responsible for further rental payments once she was out of the unitHe was not told that they would not be responsible for damages to the unitOnce the final charges were assessed, the final bill was sent to him as the Guarantor as well as *** as she was the leaseholder.The statements made by *** *** regarding the status of the Guarantor of Lease signed by him as well as the supposed financial responsibility and comments made by our office have been incorrectAs shown in the above, as the Guarantor of Lease, *** *** will be held responsible for the balance due on the account as signed for.We appreciate your time in reviewing our response and ask that should you have any questions, you feel free to contact us.Sincerely,*** ***Executive Manager / Director of Student HousingJMG Realty, Inc

I have reviewed the response offer made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I disputed the fact that I was still responsible for the property the very first time I was contactedThe woman on the phone said no your still on file, after I informed her of the situationHere again your trying to lie to meI am beyond tired of being lied to, and jerked around by you, and your company I also contacted the business three further times to dispute the fact with the financial manager as I assumed that is who you have handle your financial mattersI also went in for a copy of the lease which I was told I could have then when I got thereI was told I wasnt allowed to have a copy of the leaseSounds pretty bad to me that the person "supposedly" responsible for the property cant see a copy of the leaseMy lawyer however assured me he should'nt have a problem getting a copyThe financial manager never returned any of my messages, or answered the phoneI was repeatedly told she would call backIm yet to this day to hear a word from herProbably because she was to ashamed to tell me to my face that her associates had repeatedly lied to meThe accuracy of your statement about me asking to be removed from responsibility of the property is also inaccurate, and there are several witnesses willing to say otherwiseWe offered to have my mother replace me, at that same timeI was told I didnt need to sign, and that she didnt need to replace meSo at that point it was my understanding that I had been removedMy mother would have happily went on in my place, or again we could have just moved my sisterYour employee's were well aware of my desiresFurthermore you never produced a check out sheet from the first year after her first set of roomates moved out which I had asked for as wellThere were damages that you billed her for that were there from her first roomates being thereCarpet, beds etcThere should be a check out and check in sheet everytime a lessee comes or goesUnless it is a sub leesse in which the tenants would be responsible in my perception. What I really dont understand is why your financial manager wouldnt return any of my phone calls if I supposedly owed you money?Now your collection agency is contacting me, and trying to use scare tactics to get me to pay a debt I don't owe. This is a simple fix, you can go after my sister for whatever bill you think she has, and you can remove me from these collection attemptsThis is sillyIf you think im going to pay a debt I dont owe, you must also be the kind of person to do the same things everyday, and expect different results
Regards,
*** ***