Matchbox Realty & Management Services, Inc.

They kept our daughter's and roommates deposit after 2 years to pay for painting, replace mattresses, light bulbs, basically pay for normal wear and tear for next students to stay there! We have rental properties also, folks may pay for refrigerator and stove and bathroom clean outs, carpet cleaning but not normal wear and tear items; that we do every time before the next renters move in. The owners are getting approximately $2000 a month ($24K a year) on these units...

My daughter and I signed a lease at the Dogwood Commons apartment complex together (JMU student) and was told this particular subdivision does not pro-rate. This would put the last tenant moving out by June 8th 2019 and we could move in after a two week cleaning process on June 21st. We did not like paying for the entire month of June only to have 10 days of actual time in the apartment, however that was your policy. We accepted the terms. My concern is with the two week cleaning course. First impression of the apartment was clean which I mentioned on our walk in list. Stove looked as if it had never been used, refrigerator was clean, bathroom up to par. Again first impression was neat and clean. We started to move our daughter in on weekends when time permitted. This past Saturday I brought up the vacuum to make a last run through and to make those lines I like on the carpet before my kid actually moves in on the 23. Never in a million years did I expect to grasp the filth on this carpet after having waited for two weeks while the realtor assured us that all apartments our repainted after a tenant (which cannot possibly be true –because on the walk in list I put bed frame stain on bedroom wall) –AND all apartments have the rugs cleaned after a tenant and if not able to clean the carpets then we replace them. Her words. I started in the bedroom (which was the worst) and the filth clogged my vacuum. Literally. I had to stop and pull out gobs of nasty hair from my vacuum. It was absolutely disgusting. This wasn’t my kids hair --she had not moved in yet---it was the last tenants remains. After the bedroom I worked the hall way and living room. Again it clogged my vacuum to the point I had to stop and remove the hair and filth. Enclosed I have the pictures of what I had pulled out three times from my vacuum, the container was emptied three times and I about filled up a kitchen garbage bag with dust, dirt and hair. Now I am not a rocket scientist---however I can pretty much bet that NOT ONLY were they not shampooed or cleaned –THEY WERE NOT VACCUMED. How is this possible ? Who takes two weeks to clean and apartment without vacuuming let alone shampooing. When I was younger, I lived in many apartments and had some that were so so and some that were spotless—however I have never ever run across one that wasn’t vacuumed. It is unfair we waited for two weeks (while we paid rent) and it is unfair that my kids apartment rugs were not thoroughly cleaned and shampooed as promised.

Sincerely disappointed,

I have reviewed the response made by the business in reference to complaint ID *** and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved
Regards,
*** ***

We have been in communication with the other party and have given them our final resolution on this. Please see below for that resolution that was sent to them on Oct 8. Since this below email was sent I believe we have not received any further communication from the other party
Regards,
***
----
*** ***, MSRE, CCIM, CPM
Hi
***,
Thank
you for all the time you’ve put toward a resolution of ***’s Security Deposit
Release Form. I have been in constant communication with my immediate
supervisor and our Supervising Broker in regards to this issue. I am
confident in the written correspondences we have had and the verbiage I have
used. I do not wish to argue on your statements below. I
respectfully ask that if you have wish to continue this dispute, we
welcome your attorney to contact us. Please understand that my
email below presents our final decision on the Security Deposit
Release Form at Devon Lane
In
regards to the common area:
1.
***
will remain responsible for $of the vinyl replacement. This is his
proportionate share (1/3) of the total tenant charge. This is a result of
the large burn in the kitchen/dining area, which was not noted on any of the
three moinspections or chesheets
2.
***
will remain responsible for $of Painting/Patching. This is also his
proportionate share (1/3) of the total tenant charge. This is due to
adhesives usage and excessive scuffs/marks/stains. The total tenant
charge ($273.00) was 30% of the total cost to paint the dwelling unit.
All notes on the moinspections were taken into account before application
of any charges
3.
***
will be responsible for $of the cost to replace the living room/dining
room blinds. This is a $total deduction
In
regards to ***’s bedroom:
1.
***
will remain responsible for the $towel bar replacement. This was not
noted on the moinspection, and we have documentation that this was
missing at the move-out inspection
2.
***
will remain responsible for the $additional painting charge. This is
due to the 15+ adhesives that surrounded the light globe in his bedroom.
The ceiling would not have needed painting otherwise. Likewise, this was
not noted on the moinspection, and we have documentation that these
adhesives were present at the move-out inspection
***
will receive a revised Security Deposit Release Form in the mail shortly.
This will reflect the changes to the living room/dining room blinds.
Thank you
***
***
Portfolio
Manager

We can assure you that you are not being asked to pay for anything you should not be asked to pay for.  In your lease you agreed to take on the liability for any existing damages not reported to management within 10 days of the start of the lease.  This clause is necessary to protect the...

owner from tenants who do not want to put an extra expense on the previous tenants; and then do not want to pay for the damage because they did not do it.  Or the tenants simply want to keep what we would consider damages.  Examples of these items are walls painted any color other than white, murals, handmade bars, fraternity or sorority items, etc. We have no intention of taking advantage of any one.  In fact a short visit to any of our websites will show that we go above and beyond to educate our tenants on their responsibilities.

Review: This issue is regards to Matchbox Realty, [redacted], and their attempt to not return my sons security deposit($435) for an apartment he and his 2 friends rented, as well as various other charges for repairs to the Townhouse. My son moved in the home in August 2013, and the home was in very poor condition. The carpets were extremely dirty, black and large brown spots, and the walls had marks and dents in them. The ceiling had adhesive marks, the kitchen floor had many marks on it as well as a big black mark(burn) on it. Towel bar was loose in bathroom. All of this was written down on my sons Move-in report sheet, as we have a copy of it. My son and his roommates painted when they vacated in July and cleaned it so it was the condition is was when they moved in. Matchbox realty received a $435 security deposit as well as a $175 maintenance fee when my son moved in. I am now receiving a notice that they are not only not returning our security deposit, but charging my son and roommates an additional $2371.67 for paint, blinds, kitchen vinyl replacement, carpet replacement, towel bar replacement and ceiling paint. I find this all very appauling, especially since the townhouse was is such poor condtition and these items were noted on the move-in sheet. I sent Matchbox Realty an email regarding the situation. [redacted], Manager of Matchbox, responded to my email and stated that she took into consideration the move-in inspection sheet when evaluating the charges, but the charges still stand. When I called her today to discuss this, she hung-up on me. It was very unprofessional and this company is extremely unethical in their practices and appears they are out to take advantage of these college students.Desired Settlement: This management service is using my and son his roommates to replace items that have had years of use and abuse by other college students. It just so happens that is time now to replace these, and my son and his friends are the target for the bill since they were the last ones living there. Very unfair. The desired outcome is that receive our security deposit back, or at least a good portion of it. Thank you so much for helping rectify this matter!

Business

Response:

Please know that we are actively working through this situation now with the other party to come to a resolution. Please see below as reference.

Regards,

we are not

square. This is an ongoing dispute. I will FWD you my entire

correspondences with her. The emails will explain everything, except

I did not hang up on her. [redacted] was working on my phone because it kept

disconnecting calls. I told her I was having technical difficulties, and

asked for her to respond to my email with further questions/concerns.

Thank you.

Portfolio Manager

Interesting...So

are we square with this now? It could have taken a little while for

Revdex.com to get this to me so could have bene in the middle of conversation with

her?!?

----

[redacted], MSRE, CCIM, CPM

MH, see below for the info on [redacted]. The email you forwarded

is the first I have seen about her actually opening a Revdex.com complaint.

LD, have you heard anything back from her since your last email?

Have a great day,

Hello [redacted],

Thank you for your

email. I did touch base again with [redacted] regarding [redacted], and here

are her responses:

“As documented on

his move-in sheet, we were aware of the stain on the bedroom carpet and a small

brown stain on the living room carpet that would not come out and that was

documented. I have all cleaning bills.”

“Regarding the

condition of the townhome when the boys moved in, they were very pleased and

had no major complaints. The conversation I had with [redacted] mother was

regarding payment of the security deposit and maintenance fee and setting up a

payment plan which we worked out.”

Again, if you have

anything in writing from [redacted], or any photos from move-in with a time stamp, I

would be happy to take a look at those, and reevaluate the Security Deposit

Release Form. Please understand that I can only refer to what is in

writing.

In regards to the

flooring replacement, the residents were not charged for any portion of

the carpet replacement. The vinyl was replaced with the same level of

product, same quality (standard) – only the pattern was different. The

replacement vinyl chosen was the most cost effective option. It’s very

likely that the exact patterned/colored vinyl as what was previously in the

unit was discontinued or no longer unavailable. The owner would not have

had to replace the vinyl if it were not for the large burn, which was

over-and-above reasonable wear/tear. Again, this burn was not noted on

any of the 3 move-in inspections. I must hold the residents liable for

the remainder of its’ useful life (NOT 100% of the cost to replace).

There was no mark-up on the original bill. If I were to go by the Damage

Addendum of [redacted] LLC’s lease (see below), the vinyl replacement would cost

would be $600. The residents were only charged $358.18.

The monetary

figures for damages/replacements are laid out in the original lease agreement’s

Damage Addendum. Here is a snippet for your reference:

In regards to the

amounts you had previously paid to [redacted] LLC, only the $435 security deposit

was refundable. The $175 was an annual exterior

maintenance/administrative fee that was not held in escrow for the

duration of their lease term.

Please let me know

if you have further questions. If you have not already, you will receive

an updated Security Deposit Release Form in the mail shortly. Thank you.

Portfolio Manager

Hi [redacted],

It is

unfortunate that you had to take over [redacted] townhomes and have to deal with

all this for them. I talked to [redacted] and saw the email he sent

you. It is sad that [redacted] is not telling you the truth about the

conversations between her and I, and her and the boys. [redacted] and [redacted] MET

with her at the house and they told her how unhappy they were about the filthy

carpet and the damage to the kitchen floor. Her response was the carpet

was shampooed and the stains don't come out and there is nothing she can do.

The same for the kitchen.

My

boys have seen this unit since the work has been done and they said

the kitchen vinyl WAS

NOT replaced with the same vinyl that was there before. I

do not believe you can even request ANY payment from the boys for

replacement that was NOT exactly the same. My son says it looks maybe

like hardwoods, maybe a pergo, it looks certainly to be an upgrade from

what was there before.

I

am curious what the renters had to pay last year when they moved out of this

unit and left it in pretty poor condition. Did they if fact have

to pay for a percentage of the life of the vinyl? How about the

renters even prior to that???

[redacted],I

would like to see specific receipts for the blinds that were purchase for THAT

particular unit as well as receipts for the towel bar. I have priced all

of these and can't imagine you actually paid these prices for items going into

a college students rental. Mini-blinds are very inexpensive, $10per window and

$8-$10 for towel bar.

We have given

[redacted] townhomes a $435 security deposit, as well as a $175 maintenance fee

when [redacted] moved it, for a total of $610, which is MORE than enough to

cover any damages that may have occurred while the boys lived in this

unit. A partial refund of the security deposit should be now

owed to us. I look forward to receiving that check in the

mail in the coming days.

Thank You

[redacted],

Regards,

I would

like to kindly remind you that Matchbox took over management of [redacted]

Townhomes in October 2013. When completing the Security Deposit Release

Form, we were only aware of the written documents that were provided to

us. If there were verbal conversations between you & [redacted], I

apologize, but I do not have any information on what was said. I have

included a copy of [redacted]’s move-in inspection and a check-in sheet for your

reference. Since there were no notes on his move-in inspection (or the

other 2 move-in inspections) about the large burn in the kitchen vinyl, I must

hold the tenants responsible for this damage. Please know that they are

only held liable for the remainder of the vinyl’s useful life, NOT 100% of the

cost to replace.

Upon

further investigation, I have found concrete dates for the flooring. I

will make adjustments to the Security Deposit Release Form as follows:

1.

Remove 100% of carpet replacement

2.

Adjust vinyl replacement charge – new charge will be $358.18 (or $119.39 per

person)

There

were no notes on the move-in inspection about the towel bar, living/dining room

blinds or adhesives on the ceiling. If you have documentation that these

were damaged upon move-in (such as a time stamped photo), please send them to

me. I would be happy to reevaluate the Security Deposit Release

Form. Have a nice evening. Thank you.

Portfolio

Manager

[redacted],

I have no

additional questions since your company has made its decision to want to

keep the charges as is. We will continue to pursue this issue through the

courts. I have paid you a $435 security deposit AS WELL as a

$175 maintenance fee when [redacted] moved in. It is a very sad and

unprofessional way to run a business to take advantage of College students this

way. [redacted], from [redacted] is obviously not being truthful with you, as I

DID in fact talk to her about the filthy carpet and tell her I did not want to

be charged down the line for any replacement since it was so nasty to begin with.

How convenient for her not to remember, or to remember something which is not

true. This townhome my boys lived in was in poor condition when they moved in,

and the home has had several years of use and abuse by other college

students. It just so happens that it is NOW time to replace all of these items

and my son and his friends are the target for the bill since they unfortunately

were the last ones living there last. The fact that your company has

the nerve to charge these boys 40% of the cost of the carpet replacement

is absurd!!! Are you telling me that these boys did 40% of the damage when it

had years of wear and tear before they moved in????? . I have made it a

point to discourage any and all [redacted] students and future [redacted] students NOT to

rent through Matchbox Realty.

Matchbox

realty has a very poor reputation and I feel sorry for other college

students who will be taken advantage of in the future. See you in court!

Hi [redacted]

– I’m so sorry that my phone is having technical difficulties! Please

reply back via email if you have additional questions. Thank you!

Portfolio

Manager

[redacted],

Thanks

for your email. Please keep in mind that Matchbox took over management of

[redacted] Townhomes in October 2013. When completing the Security Deposit

Release Form, we were only aware of the written documents that were

provided to us (leases, move-in inspections, check-in sheets, etc.). I

did reach out to [redacted] regarding your email, and she said: “I had no major

complaints about the townhome. It was thoroughly cleaned,

painted and carpets shampooed. The towel bar was repaired.” If you

have any written information from [redacted] that you would like to provide to me in

order to reevaluate the Security Deposit Release Form, I welcome you to do so.

I could

not find code “55-248.15:15” under the Virginia Residential Landlord &

Tenant Act. 55-248.15 has only 2 subsections, which are: 55-248.15:1

Security Deposits & 55-248.15:2 Schedule of Interest Rates on Security

Deposits. I would like to bring your attention to 55-248.20 Tenant to

Surrender Possession of Dwelling Unit, which states:

At the

termination of the term of tenancy, whether by expiration of the rental

agreement or by reason of default by the tenant, the tenant shall promptly

vacate the premises, removing all items of personal property and leaving the premises in good

and clean order, reasonable wear and tear excepted. If the tenant fails

to vacate, the landlord may bring an action for possession and damages,

including reasonable attorney's fees.

Please

accept my sincere apology on behalf of the owner of [redacted] LLC if the

townhome was not in acceptable condition at move-in. I would also like to

bring to your attention page 4 of the lease agreement, under Surrender of

Premises, which states:

At the

expiration of the Lease term, Tenant shall surrender premises in the same good condition as at the

commencement of this Lease, reasonable wear and tear excepted.

Further, at time of surrender, Tenant shall have cleaned the premises,

including, but not limited to, walls, all appliances, kitchen, laundry room,

bedroom, blinds, bathrooms, and all fixtures throughout premises. Tenant

shall remove all personal belongings and any trash from the buildings and

grounds, and shall return all keys to Landlord by end of Lease term. (See

Addendum #2).

In

regards to the past due rent, the $113.74 is broken down into a $48.74/person maintenance

charge from 5/19 & a $65/person maintenance charge from 8/30. The

maintenance charge from 8/30 was meant to be placed on the current tenants’

accounts – I will have this transferred. [redacted] will receive a revised

Security Deposit Release Form with this correction. The maintenance

charge from 5/19 was due to a dirty air filter. I have attached a copy of

the work order for your reference. Please see page 7 #12 of the lease

agreement within Rules & Regulations, which states:

Tenants

are responsible for regular (monthly, if necessary) changing of heat pump

filters inside the townhouse. Damage to heating/cooling system due to Tenants’ neglect in changing

filters will be Tenants’ responsibility.

Any

amount that sits on the tenants’ account for more than 10 days is considered

“rent” under the VRLTA.

I would

be happy to explain the other charges in more detail below. I will

reference the move-out inspection – I have attached a copy for your

reference. Here is a cut & paste from the comments section of the

Security Deposit Release Form:

Townhome

was left in poor condition. Due to adhesives usage, and excessive

scuffs/marks/stains, you were charged a very minimal portion of paint.

Due to excessive dirtiness of common area carpet, you were charged a small

portion of carpet replacement. Vinyl replacement charge is a result of

large burn in kitchen vinyl. Thanks for choosing [redacted] LLC/Matchbox

& good luck in your future endeavors!

Please

know that all notes on the tenants’ move-in inspection and/or check-in sheet

were considered upon evaluation of charges. The total turnover bill at

1[redacted] was $4869.53 not including furniture replacements.

Only $2371.67 of this amount were tenant charges. Here is a breakdown of

each charge. These figures are for the entire townhome.

1.

Painting/Patching – $273 Tenant Charge, which is only 30% of the total

bill. The remainder of Painting/Patching ($637) was billed to the owner.

2.

Living & Dining Room Blind Replacements – $215

· Reference:

page 3 of move-out inspection & page 5 of the move-out inspection.

3.

Vinyl Replacement – $868.31 Tenant Charge, which is 80% of the total

bill. This is a result of a large burn on the kitchen flooring. The

remainder of Vinyl Replacement ($217.08) was billed to the owner.

· Reference:

page 5 of the move-out inspection.

4.

Carpet Replacement – $1015.36 Tenant Charge, which is only 40% of the total

bill. The remainder of Carpet Replacement ($1523.03) was billed to the owner.

In

regards to the 2 charges for [redacted]’s bedroom/bathroom:

1.

The towel bar replacement cost is written within the Damage Addendum:

2.

The adhesives around the light fixture (Reference: page 7 of the move-out

inspection) are considered over & above reasonable wear & tear,

which is why there was an additional cost ($75) to paint the ceiling in his

bedroom.

I am

contrite that you feel that Matchbox “takes advantage” of college students, but

please know that is certainly not our intention. Please let me know if

you have further questions, or need clarification on any of the information

above. Thank you.

Portfolio

Manager

Thanks for

choosing Matchbox!,

This is

in regards to the "Security Deposit Release Form" I recently received

in the mail for my son [redacted] Needless to say, I

was absolutely APPAULED by what I read. Not only have you decided to KEEP our

deposit, but you listed numerous outrageous charges. First let me tell you that

we will NOT be paying a dime for any of these! You stated that the

Townhome was left in poor condition, well the townhouse was in POOR condition

when the boys moved in!!!!

Under the

Renters Law code 55-248.15:15, the rental property when vacated should be as it was

when moved in. The boys adhered to that.

Your

first ridiculous charge according to you is $113.74 for Past due

rent. Well, there is NO past due rent owed to you and I have my

bank statements to prove I paid you every month, in full, on time.

As far as

the other fees you said we incurred including Paint, patching, vinly

replacement, carpet replacement, towel bar and ceiling paint, you will NOT

receive any money for these charges. This townhome was NOT in good

condition when [redacted] moved in. I have his MOVE-IN report in

front of me and he specifically stated that the walls had chips, dents and

marks in them, carpets were stained, Black marks on kitchen floor, nail

holes visible, HUGE brown stains on carpet, ceiling has adhesive

marks. The towel bar was so loose that his towel fell to floor when tried

to use it. (By the way, Towel Bars are less than $10 at [redacted], and you

want to charge $25 for replacement, that is a crime!!)

I distinctly called [redacted] townhomes when my son moved in and told them about

these issues and specifically told [redacted] that I better NOT be charged for new

carpeting when [redacted] moves out because it was disgusting when he moved in.

[redacted] and

his roommates painted before they vacated the home and did their best to have

it looking as it did when they moved in. Again, since it was in bad condition

to start with, they did not have a lot to go on.

My son

lived in "[redacted]" and "[redacted]" prior to moving in

to [redacted], and both of these places returned our security deposit when moving

out. The fact that you are saying that we OWE you $569.30 on top of the $435

security deposit is a crime. I have filed a complaint against you with

the Revdex.com as well as the VA Office of Consumer Affairs.

I have read so many complaints against Matchbox and how your company takes

great advantage of the [redacted] college students. That is sad and a very

unprofessional way to run a business.

I have no

problem paying for items that may have been broken, but NO way will I pay for

what you have stated. I have team of lawyers working with me on the

return of my sons security deposit, or at least a GOOD portion of it.

Regards,

and [redacted]

Business

Response:

We have been in communication with the other party and have given them our final resolution on this. Please see below for that resolution that was sent to them on Oct 8. Since this below email was sent I believe we have not received any further communication from the other party..

Regards,

----

[redacted], MSRE, CCIM, CPM

Hi

[redacted],

Thank

you for all the time you’ve put toward a resolution of [redacted]’s Security Deposit

Release Form. I have been in constant communication with my immediate

supervisor and our Supervising Broker in regards to this issue. I am

confident in the written correspondences we have had and the verbiage I have

used. I do not wish to argue on your statements below. I

respectfully ask that if you have wish to continue this dispute, we

welcome your attorney to contact us. Please understand that my

email below presents our final decision on the Security Deposit

Release Form at 1390 Devon Lane.

In

regards to the common area:

1.

will remain responsible for $119.39 of the vinyl replacement. This is his

proportionate share (1/3) of the total tenant charge. This is a result of

the large burn in the kitchen/dining area, which was not noted on any of the

three move-in inspections or check-in sheets.

2.

[redacted]

will remain responsible for $91.00 of Painting/Patching. This is also his

proportionate share (1/3) of the total tenant charge. This is due to

adhesives usage and excessive scuffs/marks/stains. The total tenant

charge ($273.00) was 30% of the total cost to paint the dwelling unit.

All notes on the move-in inspections were taken into account before application

of any charges.

3.

will be responsible for $26.67 of the cost to replace the living room/dining

room blinds. This is a $135 total deduction.

In

regards to [redacted]’s bedroom:

1.

will remain responsible for the $25 towel bar replacement. This was not

noted on the move-in inspection, and we have documentation that this was

missing at the move-out inspection.

2.

will remain responsible for the $75 additional painting charge. This is

due to the 15+ adhesives that surrounded the light globe in his bedroom.

The ceiling would not have needed painting otherwise. Likewise, this was

not noted on the move-in inspection, and we have documentation that these

adhesives were present at the move-out inspection.

will receive a revised Security Deposit Release Form in the mail shortly.

This will reflect the changes to the living room/dining room blinds.

Thank you.

Portfolio

Manager

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

Review: In march of 2013 my daughter, who lives in off campus housing in Virginia wrote to matchbox complaining about a mold issue in her apartment and that it was causing health issues for her. They came and remedied the situation but the problem came back. They said there was nothing they could do because the mold wasn't visible even though it was. They said they would be in touch with her and never followed up. Now it's December and she wants to move out of her apartment and break her lease. She notified matchbox via registered mail on November 27 of her intent to move because 8 months has passed and they have done nothing to remediate the situation. Now she wants out. They told her she can't break the lease. She plans on moving out December 31, 2013.Desired Settlement: Termination of her lease effective December 31, 2013. Return of her $400 security deposit and no further monetary responsibility for the lease or to matchbox realty.

Business

Response:

Attached is our formal response to Complaint ID [redacted],

December 27, 2013

Response to Complaint ID [redacted]

January 15, 2013-Workorder entered for leak under Kitchen sink. Leak was repaired and mold cleaned up.

February 2013-Tenant filed another complaint about ‘mold’. Management was told by tenant “that there is no visible mold in my bedroom…" (Management has an email stating this). We did not send anyone as the tenant stated that there was no visible mold.

December 10, 2013-Management was notified that the unit contained mold and that the tenant would be terminating their lease December 31st. Management went onsite at 5:00PM on December 10th to check for mold. It appeared to only be dirty baseboards due to lack of cleaning and no evidence of visible mold.

On December 11, 2013- Management notified tenant that they would send someone else to investigate the issue and see if it could be remediated.

On December 12, 2013-Management was informed by tenant’s mother and Guarantor "Under no circumstances are you or anyone else to enter __(daughter’s name)’s apartment without her being there" Management responded:

"Per section 9a of the lease agreement we can enter the unit to make necessary repairs as requested by your daughter for mold remediation. We will have someone onsite tomorrow December 13th to investigate and remediate any visible mold in the unit. This was just brought to my attention on December 10th that there was a visible mold issue and by law we have 5 days to remediate."

December 12, 2013-Management responded

As stated before we are only able to address visible mold per section 6h of the lease agreement. Tenant’s email from February states “__(Matchbox Employee Name)_ was told that there is no visible mold in my bedroom…”. Tenant sent a certified letter to Management that was delivered on this day. Since tenant notified Management on December 10th that there is visible mold, “we have 5 days to remediate it and someone will be stopping by tomorrow to address the issue. Section 9 of the lease gives us the right to enter the unit. "

December 13, 2013-Management sent Maintenance to investigate and remediate mold issue. The tenant denied access to the unit and shortly thereafter Tenant's mother left voice message for Management stating:

"(Matchbox Employee Name)_ this is _(Mother of Tenant – Guarantor of Lease)_. And you have got to be kidding me. Despite every freaking email that I have sent you over the last several days telling you not to send someone to my daughter’s apartment you went ahead and did it anyway this morning. How dare you. I should have you arrested for harassment and you are going to be very sorry that you did that. I am sending you an email now just following up on the fact that you did something that I specifically asked you not to do. Do not send someone over there again or I will have him arrested for trespassing and you arrested for harassment. You are [redacted] with the wrong person mister.”

December 13, 2013-Tenant, mother and former tenant came into the office to meet with Management. Tenant and Mother verbally insulted/assaulted the property manager's intelligence and tried to bully their way out of the lease agreement. Management remained professional and did not fuse the conversation.

December 19, 2013 –Management explained to Tenant that if she cannot fulfill the terms of the lease she does have the option of subleasing or assigning the lease or add a roommate to the lease to reduce her obligation.

Management has tried to make every effort to resolve the initial issue that the tenant says exists, but the tenant will not allow us access to the property.

The tenant signed a lease that goes through the end of July 2014 and we have a fiduciary responsibility to the owner of the property to enforce the terms of the Lease Agreement.

Consumer

Response:

I have reviewed the response offer 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.

Response to Complaint ID [redacted]

January 15, 2013-Workorder entered for leak under Kitchen sink. Leak was repaired and mold cleaned up.

February 2013-Tenant filed another complaint about 'mold'. Management was told by tenant "that there is no visible mold in my bedroom ... " (Management has an email stating this). We did not send anyone as the tenant stated that there was no visible mold.You did not send anyone because you told tenant that unless the mold was visible you were not responsible and would not send anyone. Tenant told you that she was not feeling well and therefore, just because the mold was not necessarily visible to her, doesn't mean there wasn't mold and that it wouldn't be visible to someone else looking for it (as you had claimed to be a mold expert when shown photos just recently). A mold test was done in the apartment, it tested positive, and it was brought in to you to show you the results.

Several emails were sent all throughout February and into March (tenant has emails stating this) that she continued to be ill, there continued to be mold and that someone needed to come in and remediate the situation. On February 13, you sent tenant an email stating "It was mentioned to me that you have some visible mold in your unit. Could you please let me know where it it so that we are able to get it taken care of for you."

On February 17, tenant sent you an email saying she received emails from both you and [redacted] saying that Matchbox would take care of the mold and have an inspector come in. [redacted] specifically stated "We would need to contract the mold professional as this is something the owner will have to pay for. I will be in touch about this soon." No one contacted tenant after that.

On March 6, tenant emailed you asking if a meeting could be scheduled between you ([redacted]), [redacted] and herself. No one replied.

The fundamental purpose of a residential lease is habitability of the premises. As stated above, this apartment is contaminated with mold - severely so. Putting the other issues mentioned aside, tenant has a basis for terminating the lease on grounds that the landlord breached his/her duty to provide habitable premises.

On November 27, a registered letter was sent to [redacted] at Matchbox stating that in light of the fact that Matchbox had 9 months to remediate the mold problem, tenant would be terminating her lease effective December 31, 2013.

December 10, 2013-Management was notified that the unit contained mold and that the tenant would be terminating their lease December 31st. Management went onsite at 5:00PM on December 10th to check for mold. It appeared to only be dirty baseboards due to lack of cleaning and no evidence of visible mold.

On December 11, 2013- Management notified tenant that they would send someone else to investigate the issue and see if it could be remediated.

On December 12, 2013-Management was informed by tenant's mother and Guarantor "Under no circumstances are you or anyone else to enter (daughter's name)'s apartment without her being there" Management responded:

"Per section 9a ofthe lease agreement we can enter the unit to make necessary repairs as requested by your daughter for mold remediation. We will have someone onsite tomorrow December 13th to investigate and remediate any visible mold in the unit. This was just brought to my attention on December io" that there was a visible mold issue and by law we have 5 days to remediate."

December 12, 2013-Management responded

As stated before we are only able to address visible mold per section 6h ofthe lease agreement. Tenant's email from February states" (Matchbox Employee Name) was told that there is no visible mold in my bedroom ... ", Tenant sent a certified letter to Management that was delivered on this day. Since tenant notified Management on December 10th that there is visible mold, "we have 5 days to remediate it and someone will be stopping by tomorrow to address the issue. Section 9 of the lease gives us the right to enter the unit. "

December 13, 2013-Management sent Maintenance to investigate and remediate mold issue. The tenant denied access to the unit and shortly thereafter Tenant's mother left voice message for Management stating:

"(Matchbox Employee Name) this is (Mother of Ten ant - Guarantor of Lease) . And you have got to be kidding me. Despite every freaking email that I have sent you over the last several days telling you not to send someone to my daughters apartment you went ahead and did it anyway this morning. How dare you. I should have you arrested for harassment and you are going to be very sorry that you did that. I am sending you an email now just following up on the fact that you did something that I specifically asked you not to do. Do not send someone over there again or I will have him arrested for trespassing and you arrested for harassment. You are [redacted] with the wrong person mister."

December 13, 2013-Tenant, mother and former tenant came into the office to meet with Management. Tenant and Mother verbally insulted/assaulted the property manager's intelligence and tried to bully their way out of the lease agreement. Management remained professional and did not fuse the conversation.

December 19,2013 -Management explained to Tenant that if she cannot fulfill the terms of the lease she does have the option of subleasing or assigning the lease or add a roommate to the lease to reduce her obligation. Management has tried to make every effort to resolve the initial issue that the tenant says exists, but the tenant will not allow us access to the property.

The tenant signed a lease that goes through the end of July 2014 and we have a fiduciary responsibility to the owner of the property to enforce the terms of the Lease Agreement.

The fundamental purpose of a residential lease is habitability of the premises. As stated above, this apartment is contaminated with mold - severely so. Putting the other issues mentioned aside, tenant has a basis for terminating the lease on grounds that the landlord breached his/her duty to provide habitable premises

Regards,

Business

Response:

It is my understanding that one of our portfolio managers has come to an agreement with the Tenant and that the Tenant has found another party to sign onto her lease.

Regards,

Consumer

Response:

I have reviewed the response offer 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.

The tenant has found one person to sign onto the lease, however, Matchbox still maintains that she is responsible for the other half of the lease. We are still adament about breaking the lease because of uninhabitability.

Regards,