Initial Business Response /* (1000, 5, 2014/05/02) */
This complaint involves the property management affiliate of Marcus & Associates, Inc., Marcus Property Management LLC, of which I am the Principal Broker. I would like the opportunity to investigate the matter with my property managers...
who are responsible for the referenced property before responding to the allegations. Once I have gathered and reviewed all the facts, I will be responding in writing.
I will have a response crafted on or before Wednesday May 7. Thank you.
Initial Consumer Rebuttal /* (3000, 9, 2014/05/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
1. I was never advised by Ms. [redacted] to remove the plants-- in fact when she came to the apartment when I met her for the first time she looked at our landscaping equipment and asked if we liked plants; at that time I pointed out my plants to her, showing her where I kept all my plants, whereupon she made no further comment. She, or anyone else at Marcus & Associates have never once in the entire year I have lived there has ever advised me to remove my plants.
2. In no way were my plants obstructing any pathway, fire escape, walkway or otherwise any area where any person would traverse. My plants were on a ledge, not a walkway or on the floor by any means, outside of the common walkways and on a story above all the tenants residences (all of the residents live on floors 1-3 and the plants were on a LEDGE that is otherwise not being used for any purpose ABOVE the 3rd floor where no resident would pass through--on floor "3 1/2" going up to the roof--making it especially obscenely ludicrous regarding your "in case of a fire" scenario-- who would go UP during a fire, when there's only 3 floors and two different stairways out of the building?), for an entire year before their destruction. The claim that they were in a walkway is absolutely false and any destruction of personal property based on that is therefore invalid.
3. If I had been requested to bring my plants indoors I would have certainly complied. Your practice is downright indecent. It is just pure indecency that you should destroy my property without any notice, written or verbal. The audacity to falsely claim that 1. I had been given notice by [redacted] and 2. claim that they were obstructing any place that would be jeopardizing anyone's safety or obstructing a walkway is just atrocious and WRONG.
The facts: the plants were on a LEDGE, not in or on a walkway, above where all of the tenants live, meaning there is never a situation where any of the residents have ever walked by my plants because the plants are on a floor above where everyone lives. I was never given any warning to move my plants. I cannot accept this response because it is attempting to validate this indecency based on FALSEHOODS.
Final Business Response /* (4000, 11, 2014/05/14) */
In response
On May 13, 2014, the consumer provided the following information:
(The consumer indicated he/she DID NOT accept the response from the business.)
1. I was never advised by Ms. [redacted] to remove the plants-- in fact when she came to the apartment when I met her for the first time she looked at our landscaping equipment and asked if we liked plants; at that time I pointed out my plants to her, showing her where I kept all my plants, whereupon she made no further comment. She, or anyone else at Marcus & Associates have never once in the entire year I have lived there has ever advised me to remove my plants.
Response: [redacted] has stated that she did mention to Ms [redacted] that anything left in the common areas will be removed. She took photos on March 30 of the plants on the ledges. 2. In no way were my plants obstructing any pathway, fire escape, walkway or otherwise any area where any person would traverse. My plants were on a ledge, not a walkway or on the floor by any means, outside of the common walkways and on a story above all the tenants residences (all of the residents live on floors 1-3 and the plants were on a LEDGE that is otherwise not being used for any purpose ABOVE the 3rd floor where no resident would pass through--on floor "3 1/2" going up to the roof--making it especially obscenely ludicrous regarding your "in case of a fire" scenario-- who would go UP during a fire, when there's only 3 floors and two different stairways out of the building?), for an entire year before their destruction. The claim that they were in a walkway is absolutely false and any destruction of personal property based on that is therefore invalid. Response. We correct our prior assertion that the potted plants were always left in front of her door on the walkway and Ms [redacted] is correct in admitting that the majority of her potted plants were left on these ledges which are still common areas to the property and not assigned or designated to any one tenant. Therefore according to the Rental Agreement would be a violation of the terms and conditions.
3. If I had been requested to bring my plants indoors I would have certainly complied. Your practice is downright indecent. It is just pure indecency that you should destroy my property without any notice, written or verbal. The audacity to falsely claim that 1. I had been given notice by [redacted] and 2. claim that they were obstructing any place that would be jeopardizing anyone's safety or obstructing a walkway is just atrocious and WRONG.
The facts: the plants were on a LEDGE, not in or on a walkway, above where all of the tenants live, meaning there is never a situation where any of the residents have ever walked by my plants because the plants are on a floor above where everyone lives. I was never given any warning to move my plants. I cannot accept this response because it is attempting to validate this indecency based on FALSEHOODS. Response: As stated above. [redacted] has stated that she gave Ms [redacted] a warning during her visit and spoke to her face to face.
Final Consumer Response /* (4200, 13, 2014/05/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
[redacted] did not say anything to me about my plants. That is a fact. If she is stating to the community now that she did, she is lying.
This is exactly the conversation [redacted] and I had. As I mentioned before, when she came to our rental for an inspection she noticed all of our landscaping equipment inside our apartment and she asked "So you guys like plants?" I responded: "Yes those are our plants up there." She did not know where I was referring to; she asked "Where?" I answered "up there on the ledge" while indicating with my fingers where I was referring to. She gestured that she knew where/what I was talking about.
If at that point she took pictures of the plants I have no idea and is completely irrelevant to this case. The bottom line is 1. we addressed the plants in our conversation 2. she clearly indicated that she acknowledged the presence of my plants. 3. AT NO POINT IN TIME DURING THAT INTERACTION, OR ANY OTHER INTERACTION (I.E. WARNING, CONVERSATION, WRITTEN OR VERBAL), DID SHE INDICATE MARCUS & ASSOCIATE'S OBJECTIONS TO MY PLANTS BEING ON THE LEDGE. Like I said before, there would be absolutely no reason for me not to comply if they had asked me, either right then or later, to bring the plants indoors, and I would have absolutely complied. I am not an unreasonable person- I would obviously not be so distressed about them destroying my property if they had good reason to; i.e. they asked me to move it and I did not comply. But it is completely beyond reason to destroy my personal property, plants that I have painstakingly taken care of for exactly one year in that location, WITHOUT ANY NOTICE OR WARNING. It is disgusting and an abomination that you are claiming to have given me warning when you certainly DID NOT. You cannot justify what you did-- it was WRONG. Finally: "Response. We correct our prior assertion that the potted plants were always left in front of her door on the walkway and Ms [redacted] is correct in admitting that the majority of her potted plants were left on these ledges which are still common areas to the property and not assigned or designated to any one tenant. Therefore according to the Rental Agreement would be a violation of the terms and conditions." 1. The entirety of my plants, not majority, were on one ledge. I'm glad we got that ridiculous notion about "fire safety" out of the way. 2. If you admit like you just stated that those ledges were COMMON AREAS to the property, in all the paperwork we have from you guys we cannot find it anywhere that we are prohibited from using the common areas. That ledge is frequently used where other tenants dry their clothes, dispose of their trash, store their grill, and go to smoke weed. Just as ambiguous as your suddenly defining the common areas as common to everyone except ME, is the laws about landlords rights to destroy property kept in common areas. This statement "Therefore according to the Rental Agreement would be a violation of the terms and conditions" is weak and there's nothing before that to come naturally to that conclusion. The fact is YOU'RE in violation of disposing of property that you defined as common area.
Initial Business Response /* (1000, 5, 2014/05/02) */
This complaint involves the property management affiliate of Marcus & Associates, Inc., Marcus Property Management LLC, of which I am the Principal Broker. I would like the opportunity to investigate the matter with my property managers...
who are responsible for the referenced property before responding to the allegations. Once I have gathered and reviewed all the facts, I will be responding in writing.
I will have a response crafted on or before Wednesday May 7. Thank you.
Initial Consumer Rebuttal /* (3000, 9, 2014/05/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
1. I was never advised by Ms. [redacted] to remove the plants-- in fact when she came to the apartment when I met her for the first time she looked at our landscaping equipment and asked if we liked plants; at that time I pointed out my plants to her, showing her where I kept all my plants, whereupon she made no further comment. She, or anyone else at Marcus & Associates have never once in the entire year I have lived there has ever advised me to remove my plants.
2. In no way were my plants obstructing any pathway, fire escape, walkway or otherwise any area where any person would traverse. My plants were on a ledge, not a walkway or on the floor by any means, outside of the common walkways and on a story above all the tenants residences (all of the residents live on floors 1-3 and the plants were on a LEDGE that is otherwise not being used for any purpose ABOVE the 3rd floor where no resident would pass through--on floor "3 1/2" going up to the roof--making it especially obscenely ludicrous regarding your "in case of a fire" scenario-- who would go UP during a fire, when there's only 3 floors and two different stairways out of the building?), for an entire year before their destruction. The claim that they were in a walkway is absolutely false and any destruction of personal property based on that is therefore invalid.
3. If I had been requested to bring my plants indoors I would have certainly complied. Your practice is downright indecent. It is just pure indecency that you should destroy my property without any notice, written or verbal. The audacity to falsely claim that 1. I had been given notice by [redacted] and 2. claim that they were obstructing any place that would be jeopardizing anyone's safety or obstructing a walkway is just atrocious and WRONG.
The facts: the plants were on a LEDGE, not in or on a walkway, above where all of the tenants live, meaning there is never a situation where any of the residents have ever walked by my plants because the plants are on a floor above where everyone lives. I was never given any warning to move my plants. I cannot accept this response because it is attempting to validate this indecency based on FALSEHOODS.
Final Business Response /* (4000, 11, 2014/05/14) */
In response
On May 13, 2014, the consumer provided the following information:
(The consumer indicated he/she DID NOT accept the response from the business.)
1. I was never advised by Ms. [redacted] to remove the plants-- in fact when she came to the apartment when I met her for the first time she looked at our landscaping equipment and asked if we liked plants; at that time I pointed out my plants to her, showing her where I kept all my plants, whereupon she made no further comment. She, or anyone else at Marcus & Associates have never once in the entire year I have lived there has ever advised me to remove my plants.
Response: [redacted] has stated that she did mention to Ms [redacted] that anything left in the common areas will be removed. She took photos on March 30 of the plants on the ledges. 2. In no way were my plants obstructing any pathway, fire escape, walkway or otherwise any area where any person would traverse. My plants were on a ledge, not a walkway or on the floor by any means, outside of the common walkways and on a story above all the tenants residences (all of the residents live on floors 1-3 and the plants were on a LEDGE that is otherwise not being used for any purpose ABOVE the 3rd floor where no resident would pass through--on floor "3 1/2" going up to the roof--making it especially obscenely ludicrous regarding your "in case of a fire" scenario-- who would go UP during a fire, when there's only 3 floors and two different stairways out of the building?), for an entire year before their destruction. The claim that they were in a walkway is absolutely false and any destruction of personal property based on that is therefore invalid. Response. We correct our prior assertion that the potted plants were always left in front of her door on the walkway and Ms [redacted] is correct in admitting that the majority of her potted plants were left on these ledges which are still common areas to the property and not assigned or designated to any one tenant. Therefore according to the Rental Agreement would be a violation of the terms and conditions.
3. If I had been requested to bring my plants indoors I would have certainly complied. Your practice is downright indecent. It is just pure indecency that you should destroy my property without any notice, written or verbal. The audacity to falsely claim that 1. I had been given notice by [redacted] and 2. claim that they were obstructing any place that would be jeopardizing anyone's safety or obstructing a walkway is just atrocious and WRONG.
The facts: the plants were on a LEDGE, not in or on a walkway, above where all of the tenants live, meaning there is never a situation where any of the residents have ever walked by my plants because the plants are on a floor above where everyone lives. I was never given any warning to move my plants. I cannot accept this response because it is attempting to validate this indecency based on FALSEHOODS. Response: As stated above. [redacted] has stated that she gave Ms [redacted] a warning during her visit and spoke to her face to face.
Final Consumer Response /* (4200, 13, 2014/05/16) */
(The consumer indicated he/she DID NOT accept the response from the business.)
[redacted] did not say anything to me about my plants. That is a fact. If she is stating to the community now that she did, she is lying.
This is exactly the conversation [redacted] and I had. As I mentioned before, when she came to our rental for an inspection she noticed all of our landscaping equipment inside our apartment and she asked "So you guys like plants?" I responded: "Yes those are our plants up there." She did not know where I was referring to; she asked "Where?" I answered "up there on the ledge" while indicating with my fingers where I was referring to. She gestured that she knew where/what I was talking about.
If at that point she took pictures of the plants I have no idea and is completely irrelevant to this case. The bottom line is 1. we addressed the plants in our conversation 2. she clearly indicated that she acknowledged the presence of my plants. 3. AT NO POINT IN TIME DURING THAT INTERACTION, OR ANY OTHER INTERACTION (I.E. WARNING, CONVERSATION, WRITTEN OR VERBAL), DID SHE INDICATE MARCUS & ASSOCIATE'S OBJECTIONS TO MY PLANTS BEING ON THE LEDGE. Like I said before, there would be absolutely no reason for me not to comply if they had asked me, either right then or later, to bring the plants indoors, and I would have absolutely complied. I am not an unreasonable person- I would obviously not be so distressed about them destroying my property if they had good reason to; i.e. they asked me to move it and I did not comply. But it is completely beyond reason to destroy my personal property, plants that I have painstakingly taken care of for exactly one year in that location, WITHOUT ANY NOTICE OR WARNING. It is disgusting and an abomination that you are claiming to have given me warning when you certainly DID NOT. You cannot justify what you did-- it was WRONG. Finally: "Response. We correct our prior assertion that the potted plants were always left in front of her door on the walkway and Ms [redacted] is correct in admitting that the majority of her potted plants were left on these ledges which are still common areas to the property and not assigned or designated to any one tenant. Therefore according to the Rental Agreement would be a violation of the terms and conditions." 1. The entirety of my plants, not majority, were on one ledge. I'm glad we got that ridiculous notion about "fire safety" out of the way. 2. If you admit like you just stated that those ledges were COMMON AREAS to the property, in all the paperwork we have from you guys we cannot find it anywhere that we are prohibited from using the common areas. That ledge is frequently used where other tenants dry their clothes, dispose of their trash, store their grill, and go to smoke weed. Just as ambiguous as your suddenly defining the common areas as common to everyone except ME, is the laws about landlords rights to destroy property kept in common areas. This statement "Therefore according to the Rental Agreement would be a violation of the terms and conditions" is weak and there's nothing before that to come naturally to that conclusion. The fact is YOU'RE in violation of disposing of property that you defined as common area.