Initial Business Response /* (1000, 5, 2014/05/22) */
I have attached the actual portion of the lease in question number TERMThis has been explained a couple of different times to Mr*** by two different associatesMr*** did not vacate on March 31, when his lease expired,
therefore as stated in the lease Mr*** signed, the tenancy then becomes month to month and the resident is required to give the landlord a written days' notice of intent to vacate, which Mr*** failed to doWe are simply upholding the terms of the rental agreement, agreed to and signed by Mr***
Term: The term of this Agreement begins on 09/01/and ends on 03/31/A holding over after the expiration of the lease
term will be presumed to be a month to month tenancy at the option of the landlord and the Resident will be responsible for a
minimum of thirty days rent thereafter unless the Resident has given the landlord a 30-day Notice of Intent to Vacate at least thirty
(30) days prior to the expiration of the lease advising that the Resident does not intend to remain in possessionExcept as
prohibited by law, that month-to-month tenancy may be terminated by the Owner/Agent by service upon the Resident a written
60-day notice of termination of tenancyHowever Civil Code Section provides that "If any Resident has resided in the
dwelling for less than one year", the Owner/Agent may terminate the tenancy by service upon the Resident of a written 30-day
Notice of Intent to Vacate
Initial Consumer Rebuttal /* (2000, 7, 2014/05/23) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Initial Business Response /* (1000, 5, 2014/08/13) */
Problem 1: Theft of Personal Property
Response: The items claimed to be in the unit were not there. When Mr. [redacted] came back to the property to retrieve the items he claimed to have left behind, there was only one machine in the...
closet. The site staff had not starting working on turning that unit over yet so other than the manager walking the unit at move out, no one had been in the unit. Furthermore, it is clearly defined in the lease that the "Resident's property is not insured by owner or agent", "Management is not responsible for fire, theft or damage to personal effects" and "Owner/Agent strongly recommends that the resident obtain renters insurance". I have attached below the actual policy from the rental agreement.
Insurance: Resident's property is not insured by Owner or Agent. Resident is not a co-insured and is expressly excluded from any insurance policy held by Owner or Agent, which is now in effect or becomes effective during the term of this Agreement. Management is not responsible for fire, theft or damage to personal effects, etc. in the premises, laundry, storage lockers, garage, or any portion of the building. For your own protection, keep all apartment doors locked at all times. Owner/Agent strongly recommends that the Resident obtain "Renter's Insurance" covering personal possessions immediately upon occupying.
Problem 2: Failure to provide promised incentives (x2)
Response: All flyers that are handed out to the residents listing incentives for renewing their lease clearly state on the flyer "Offer expires 1 month from renewal". Therefore, a resident cannot come back 1 or 2 years later and claim they never received their incentive.
Initial Consumer Rebuttal /* (3000, 7, 2014/08/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept the business response at all. First, the statement that site staff had not started working on the unit is simply patently false. Upon return to the unit to remove the three items that were accidently left behind (2 of which were already stolen from the apartment), there were obviously things the site staff had done inside the unit, based upon miscellaneous things that had been removed from cabinets, etc., things that were obviously not in that same position when the unit was turned over. For management to give a blanket "we're not responsible" statement, when they clearly were the only ones that had access to the unit during the time period in question (e.g. there was no broken windows or other evidence that a break-in had occurred), is patently absurd and defies all common sense.
Also, the statement that there is a disclaimer that incentives must be used within one month of renewal is also patently false. Perhaps they recently added this verbiage in the newest incentive flyers, however, the flyers we previously received (and relied upon when deciding to renew for (2) 1 year terms), did not include such language. Also, if the business' statements about this disclaimer were true, why didn't management at the location inform us of this when we provided our 30-day notice letter - a letter which clearly stated our intention to use these incentives if the location decided that carpet cleaning would be necessary upon our end of lease.
Also, it is clear from the business' response that management has no regard for its former tenants - tenants that were perfect tenants and stayed for a very long period of time for an apartment rental (almost four years), and tenants that paid on time. Anyone reading this complaint and considering doing business with this establishment should understand that being a good tenant, for an extended period of time, buys you nothing in the way of receiving proper and just customer service after your lease is over. How loyal and good long term tenants (like us) have been treated after leaving should make anyone think twice about all the business' claims about caring about providing a high level of customer service. In the end, if you leave, you will be treated as coldly as a person off the street.
Additionally, after further review of our final bill, there are three items that require immediate adjustment and credit.
First - we need credit for returned Mailbox keys: $25.00 (returned as discussed with the property's onsite manager on 8/7; 3 keys were in fact returned on 8/8).
Second - we need credit for invalid billing of "living room blind damaged": $54.45. There was no damage to the blind itself. There [redacted] have been a top piece that came off, but we cannot and will not pay for a blind when the blind itself had zero damage when we left the apartment
Third - we need credit for invalid billing of "freezer door rail missing": $12.29. One of the shelf rails, given its advanced age, simply cracked and fell out one day. The rail itself was not missing - it was put inside the freezer, as it was. We cannot be responsible for prior wear and tear of the locations' equipment.
Final Business Response /* (4000, 10, 2014/08/18) */
It is unfortunate that Mr. [redacted] does not accept our response; however, we stand by our initial response. We feel we were fair and followed all necessary legal procedures.
Final Consumer Response /* (4200, 12, 2014/08/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business continues to demonstrate a lack of professionalism, lack of common courtesy, and most seriously has not responded to billing for items that were in fact not damaged upon turning the units over.
The final bill is not accurate - We will not pay for a blind that was not damaged to any real extent. The top cover that is installed at the top of the window - and not part of the blind itself - costs much less than the $54 they are charging on their final bill.
If the final bill does not remove this charge, or greatly reduce it to reflect the actual costs to fix the cosmetic portion of the top of the blind area, we will sue in Small Claims court - for all items that the business is responsible for. A reasonable third party will not find in their favor.
Initial Business Response /* (1000, 5, 2015/11/13) */
Mr. [redacted]: We believe that our charges are fair and accurate, yet we are adjusting your final charges to be $385.30 per your agreement with our office earlier this week.
Initial Consumer Rebuttal /* (2000, 7, 2015/11/18)...
*/
(The consumer indicated he/she ACCEPTED the response from the business.)
The adjustment made to the said move out balance by Manco is sufficient.
Initial Business Response /* (1000, 5, 2014/09/26) */
Owners Response:
[redacted] was allowed to terminate her lease without liability for future rent. The landlord did nothing to either provoke or allow graffiti to occur. [redacted] entered into an agreement with Manco Abbott via...
our Attorney, Mr. [redacted] The Agreement states that:
1. Tenants will vacate premises by December 20th, 2013 and deliver possession and keys at that time.
2. Tenants agree to pay landlord the sum of $921.67 representing rents and late charges through December 20th, 2013. Payment is due upon signing.
3. Tenants agree to leave premises clean and undamaged and will schedule a walk through.
4. If the Tenants vacate as promised and pay amount due, Landlord will agree to an early termination of the lease effective December 20th, 2013 and will waive any and all claims for future rent.
This agreement was signed by [redacted] and [redacted] both tenants residing at [redacted] XXXXX on December 13, 2013.
[redacted] charges on her final move-out are the following:
Final AUM Invoice (Water, Garbage & Sewer) $147.00
Replacement of Microwave Door due to Damage $128.79
Heavy Soil Carpet Clean $370.00
Apartment Clean $120.00
Labor and Paint Supplies $107.09
Total charges: $872.55
Security Deposit 1200.00
Refunded amount: $327.45
[redacted] was furnished copies of invoices from A & R Appliances, Frazee Paint, Unique Carpet Care, American Maid and the final invoice from AUM.
The Lease Agreement that was entered into on [redacted] 7th, 2013 with [redacted] states that under 3. Security Deposit: Owner [redacted] withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults including but not limited to, the following:
i) In the payment of rent
ii) To repair damages to the premises caused by Resident.
iii) To clean and paint such premises, if necessary, upon termination of the tenancy in order to return apartment to the same level of cleanliness it was in at the inception of the tenancy and/or
iv) To restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear.
We are sorry that [redacted] feels that she was treated poorly and that her move-out charges are unfair. [redacted] was let out of her lease, which she agreed to. Again, [redacted] was provided all paid receipts that landlord incurred. We feel the charges are both reasonable and necessary.
Initial Consumer Rebuttal /* (3000, 8, 2014/09/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No I do not agree with you Manco Abbott Just had to roll with the punches I going to have my day and court and trust me with the evevadence I have you will see it my way . You were so sure of your selfs you didn't even bother looking at what I had against you but Revdex.com will see it even if your response was not to !! See you and your unhonest employee in court
Final Consumer Response /* (4200, 13, 2014/10/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Not satisfied going to court
Final Business Response /* (4000, 11, 2014/10/01) */
Thank you for the video tape. The resident was not charged for any holes in the walls, strictly touch up paint and a touch up clean. I provided Revdex.com with an itemized move-in/move-out list with area's that needed touch up paint, touch up clean, damage to Microwave door and carpet clean. The video only shows, walls and a blind.
We stand by our charges.
Initial Business Response /* (1000, 5, 2014/05/22) */
I have attached the actual portion of the lease in question number TERMThis has been explained a couple of different times to Mr*** by two different associatesMr*** did not vacate on March 31, when his lease expired,
therefore as stated in the lease Mr*** signed, the tenancy then becomes month to month and the resident is required to give the landlord a written days' notice of intent to vacate, which Mr*** failed to doWe are simply upholding the terms of the rental agreement, agreed to and signed by Mr***
Term: The term of this Agreement begins on 09/01/and ends on 03/31/A holding over after the expiration of the lease
term will be presumed to be a month to month tenancy at the option of the landlord and the Resident will be responsible for a
minimum of thirty days rent thereafter unless the Resident has given the landlord a 30-day Notice of Intent to Vacate at least thirty
(30) days prior to the expiration of the lease advising that the Resident does not intend to remain in possessionExcept as
prohibited by law, that month-to-month tenancy may be terminated by the Owner/Agent by service upon the Resident a written
60-day notice of termination of tenancyHowever Civil Code Section provides that "If any Resident has resided in the
dwelling for less than one year", the Owner/Agent may terminate the tenancy by service upon the Resident of a written 30-day
Notice of Intent to Vacate
Initial Consumer Rebuttal /* (2000, 7, 2014/05/23) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Initial Business Response /* (1000, 5, 2014/08/13) */
Problem 1: Theft of Personal Property
Response: The items claimed to be in the unit were not there. When Mr. [redacted] came back to the property to retrieve the items he claimed to have left behind, there was only one machine in the...
closet. The site staff had not starting working on turning that unit over yet so other than the manager walking the unit at move out, no one had been in the unit. Furthermore, it is clearly defined in the lease that the "Resident's property is not insured by owner or agent", "Management is not responsible for fire, theft or damage to personal effects" and "Owner/Agent strongly recommends that the resident obtain renters insurance". I have attached below the actual policy from the rental agreement.
Insurance: Resident's property is not insured by Owner or Agent. Resident is not a co-insured and is expressly excluded from any insurance policy held by Owner or Agent, which is now in effect or becomes effective during the term of this Agreement. Management is not responsible for fire, theft or damage to personal effects, etc. in the premises, laundry, storage lockers, garage, or any portion of the building. For your own protection, keep all apartment doors locked at all times. Owner/Agent strongly recommends that the Resident obtain "Renter's Insurance" covering personal possessions immediately upon occupying.
Problem 2: Failure to provide promised incentives (x2)
Response: All flyers that are handed out to the residents listing incentives for renewing their lease clearly state on the flyer "Offer expires 1 month from renewal". Therefore, a resident cannot come back 1 or 2 years later and claim they never received their incentive.
Initial Consumer Rebuttal /* (3000, 7, 2014/08/14) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept the business response at all. First, the statement that site staff had not started working on the unit is simply patently false. Upon return to the unit to remove the three items that were accidently left behind (2 of which were already stolen from the apartment), there were obviously things the site staff had done inside the unit, based upon miscellaneous things that had been removed from cabinets, etc., things that were obviously not in that same position when the unit was turned over. For management to give a blanket "we're not responsible" statement, when they clearly were the only ones that had access to the unit during the time period in question (e.g. there was no broken windows or other evidence that a break-in had occurred), is patently absurd and defies all common sense.
Also, the statement that there is a disclaimer that incentives must be used within one month of renewal is also patently false. Perhaps they recently added this verbiage in the newest incentive flyers, however, the flyers we previously received (and relied upon when deciding to renew for (2) 1 year terms), did not include such language. Also, if the business' statements about this disclaimer were true, why didn't management at the location inform us of this when we provided our 30-day notice letter - a letter which clearly stated our intention to use these incentives if the location decided that carpet cleaning would be necessary upon our end of lease.
Also, it is clear from the business' response that management has no regard for its former tenants - tenants that were perfect tenants and stayed for a very long period of time for an apartment rental (almost four years), and tenants that paid on time. Anyone reading this complaint and considering doing business with this establishment should understand that being a good tenant, for an extended period of time, buys you nothing in the way of receiving proper and just customer service after your lease is over. How loyal and good long term tenants (like us) have been treated after leaving should make anyone think twice about all the business' claims about caring about providing a high level of customer service. In the end, if you leave, you will be treated as coldly as a person off the street.
Additionally, after further review of our final bill, there are three items that require immediate adjustment and credit.
First - we need credit for returned Mailbox keys: $25.00 (returned as discussed with the property's onsite manager on 8/7; 3 keys were in fact returned on 8/8).
Second - we need credit for invalid billing of "living room blind damaged": $54.45. There was no damage to the blind itself. There [redacted] have been a top piece that came off, but we cannot and will not pay for a blind when the blind itself had zero damage when we left the apartment
Third - we need credit for invalid billing of "freezer door rail missing": $12.29. One of the shelf rails, given its advanced age, simply cracked and fell out one day. The rail itself was not missing - it was put inside the freezer, as it was. We cannot be responsible for prior wear and tear of the locations' equipment.
Final Business Response /* (4000, 10, 2014/08/18) */
It is unfortunate that Mr. [redacted] does not accept our response; however, we stand by our initial response. We feel we were fair and followed all necessary legal procedures.
Final Consumer Response /* (4200, 12, 2014/08/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The business continues to demonstrate a lack of professionalism, lack of common courtesy, and most seriously has not responded to billing for items that were in fact not damaged upon turning the units over.
The final bill is not accurate - We will not pay for a blind that was not damaged to any real extent. The top cover that is installed at the top of the window - and not part of the blind itself - costs much less than the $54 they are charging on their final bill.
If the final bill does not remove this charge, or greatly reduce it to reflect the actual costs to fix the cosmetic portion of the top of the blind area, we will sue in Small Claims court - for all items that the business is responsible for. A reasonable third party will not find in their favor.
Initial Business Response /* (1000, 5, 2015/11/13) */
Mr. [redacted]: We believe that our charges are fair and accurate, yet we are adjusting your final charges to be $385.30 per your agreement with our office earlier this week.
Initial Consumer Rebuttal /* (2000, 7, 2015/11/18)...
*/
(The consumer indicated he/she ACCEPTED the response from the business.)
The adjustment made to the said move out balance by Manco is sufficient.
Initial Business Response /* (1000, 5, 2014/09/26) */
Owners Response:
[redacted] was allowed to terminate her lease without liability for future rent. The landlord did nothing to either provoke or allow graffiti to occur. [redacted] entered into an agreement with Manco Abbott via...
our Attorney, Mr. [redacted] The Agreement states that:
1. Tenants will vacate premises by December 20th, 2013 and deliver possession and keys at that time.
2. Tenants agree to pay landlord the sum of $921.67 representing rents and late charges through December 20th, 2013. Payment is due upon signing.
3. Tenants agree to leave premises clean and undamaged and will schedule a walk through.
4. If the Tenants vacate as promised and pay amount due, Landlord will agree to an early termination of the lease effective December 20th, 2013 and will waive any and all claims for future rent.
This agreement was signed by [redacted] and [redacted] both tenants residing at [redacted] XXXXX on December 13, 2013.
[redacted] charges on her final move-out are the following:
Final AUM Invoice (Water, Garbage & Sewer) $147.00
Replacement of Microwave Door due to Damage $128.79
Heavy Soil Carpet Clean $370.00
Apartment Clean $120.00
Labor and Paint Supplies $107.09
Total charges: $872.55
Security Deposit 1200.00
Refunded amount: $327.45
[redacted] was furnished copies of invoices from A & R Appliances, Frazee Paint, Unique Carpet Care, American Maid and the final invoice from AUM.
The Lease Agreement that was entered into on [redacted] 7th, 2013 with [redacted] states that under 3. Security Deposit: Owner [redacted] withhold from the security deposit only such amounts as are reasonably necessary to remedy Resident defaults including but not limited to, the following:
i) In the payment of rent
ii) To repair damages to the premises caused by Resident.
iii) To clean and paint such premises, if necessary, upon termination of the tenancy in order to return apartment to the same level of cleanliness it was in at the inception of the tenancy and/or
iv) To restore, replace, or return personal property or appurtenances, exclusive of ordinary wear and tear.
We are sorry that [redacted] feels that she was treated poorly and that her move-out charges are unfair. [redacted] was let out of her lease, which she agreed to. Again, [redacted] was provided all paid receipts that landlord incurred. We feel the charges are both reasonable and necessary.
Initial Consumer Rebuttal /* (3000, 8, 2014/09/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No I do not agree with you Manco Abbott Just had to roll with the punches I going to have my day and court and trust me with the evevadence I have you will see it my way . You were so sure of your selfs you didn't even bother looking at what I had against you but Revdex.com will see it even if your response was not to !! See you and your unhonest employee in court
Final Consumer Response /* (4200, 13, 2014/10/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Not satisfied going to court
Final Business Response /* (4000, 11, 2014/10/01) */
Thank you for the video tape. The resident was not charged for any holes in the walls, strictly touch up paint and a touch up clean. I provided Revdex.com with an itemized move-in/move-out list with area's that needed touch up paint, touch up clean, damage to Microwave door and carpet clean. The video only shows, walls and a blind.
We stand by our charges.