Mozart Management

Complainant; has always been polite and honest; in her prior dealing with us, and we consider her an excellent customerlike wise her cosigners have been courteous and polite The details presented below are accurate and factual as we understand them, and they are not intended to be
argumentative, confrontational, or adversarial The maintenance office referred to is a small room reasonably similar to those found in each of our twenty-six buildings, and it is for the occasional use of the three technicians (general maintenance, paint, service) assigned to our five- building Central TerritoryIt does contain the rest room for mozart associates visiting this building These three technicians spend their workdays between our five buildings in the Central Territory, so that’s about 20% of their time spent at the GeorgianSince all three of these technicians have a heavy work load, and they all consistently meet their quotas, the general maintenance and paint technicians must be spending 95% of their time inside apartments; and the service technician must spend a like amount of time cleaning the public areas of the buildings (The vacuum cleaner does emit a fair amount of noise) Occasionally, other technicians (electricians, plumbers, HVAC, roofers, landscapers, etc) will be at the Georgian for a few hours Mozart maintains a large maintenance shop and central tool & parts supply facility at our headquarters building; not the Georgian There is no tool ‘room at; the Georgian and no other maintenance area of any type, other than the detailed maintenance office, near the Complainant’s apartment The maintenance office does have a bench grinder, vice, and workbench where technicians may effect minor repairs on portable components ancillary to completing a service request involving a customer’ s apartment 9.Complainant’s apartment does have a double entry door; an outer one that is louvered and an inner one that is solidIf only the outer door is used, it will provide minimal protection from noise Our field staff works from - on weekdays 11.Complainant disclosed to us neither that she was going to be a student nor that she would be using the apartment as an office Mozart’s Comments Had Complainant disclosed that she was going to be a student, she would have been advised that there would be noise around the building between •••• on weekdays, as routine maintenance is confined to these hours, since most of the occupants are not in their apartments at these times Had Complainant disclosed that she was going to use the apartment for an office, we would not have rented to her unless and until she applied for and received a City of Pittsburgh Certificate of Occupancy, as that is required when residential apartments are going to be used for nonresidential purposesThis would have triggered a much more lengthy dialogue about many facets of the business to be operated, and a complete understanding about how both our other customers as well as Complainant would be impacted by the operation of this business- ft major point that would have been covered was the matter of noise and disturbance to and from the businessNote: from what little we know about Complainant’s business, she would have had no trouble in obtaining the required Certificate of Occupancy, and Mozart would have easily signed off on it? but Complainant would then have been aware about Mozart’s maintenance procedures, and she very well may have chosen another apartment complex Mozart had no reason to even suspect that Complainant might be going to be either a student or engaging in a home occupation; since she reported graduating from college in and a solid work history with various companies since then In the thirty-seven years that Mozart has managed the Georgian, this is the first complaint received about either this type of noise or conduct of Mozart’s associatesIt is no surprise that our associates have a totally opposite view of the allegations, but history is on their sideHowever., we acknowledge that a trier of fact could come down either way 5.We have been in this business for fifty-five years., and this is the first customer to express fear of our associates; usually, the customers express comfort at having them aroundEven Complainant has told us that our associates are always polite and friendly when she has interaction with them When Complainant first brough this topic to our attention , we instituted a premature rotation (we routinelly rotate associates every sixty days between territories) purely as an accommodation to Complaintant Mozart’s conclusions We have weighed all of the above., including our very liberal Lease Termination Option, and concluded that we would be violating our fiduciary duty to the owner by deviating from the terms of the Lease Agreement, and therefore it is our intention to adhere to the terms of the leaseComplainant may appeal this decision to Mozart’s Executive Committee

Review: I currently rent an apartment with Mozart Management in Pittsburgh, Pennsylvania. I am new to Pittsburgh, and excitedly signed my lease in April in their Georgian building, on Ellsworth Avenue, and moved in on August 1st. Very shortly after my lease began, I realized I was living in a bit of a nightmare. Mozart Management in any way, shape or form did they inform me that I'd be living directly next to their maintenance office. This room is unmarked, and looks exactly the same as every other apartment you pass in the hallways. This room, however, is home to 1-8 male members of their maintenance crew on any given day. As a single female renter who works and studies from home, I have seen, heard and experienced some of the most uncomfortable situations that NO tenant should ever have to from any renter. Consistently on a day to day basis, from 8-6, M-F, I have heard these men in the room cussing, discussing bathroom habits, whistling, sneezing, coughing, talking through walkie-talkies, talking about sports and how much they hate working for Mozart Management. Being that I live directly across from this, I hear everything, as if it's being said from within my own apartment. The phone in their office rings all day long, and it might as well sound as if I have a house phone. The tool-room is across the hall from me as well, also unmarked, and many days I hear their power tools, such as drills, saws and hammers being used. Not only has this company failed to provide me with a safe and peaceful environment, the basic duty of any rental agency to any tenant, but they were completely sneaky about it. Had I had ANY inkling that this is where my apartment was located, I'd have just simply not accepted this unit. It is uncomfortable to hear these men on any given day, but to have to walk out of my apartment and directly past them and the heckling is severely uncomfortable. I've been collecting video proof, and have a few samples Desired Settlement: My parents (my co-signers) and I would like to be released from the lease. I don't want to pay their lofty fees to end my contract (first, last months rent, as well as the time it takes to rent) because I'm not failing in any way as a tenant. I am not changing cities, or choosing to rent elsewhere. Mozart Management has failed ME and any future tenants of this apartment unit by hiding this VERY important detail of the unit location.

Business

Response:

1. Complainant; has always been polite and honest; in her prior dealing with us, and we consider her an excellent customer. like wise her cosigners have been courteous and polite. 2.. The details presented below are accurate and factual as we understand them, and they are not intended to be argumentative, confrontational, or adversarial. 3. The maintenance office referred to is a small room reasonably similar to those found in each of our twenty-six buildings, and it is for the occasional use of the three technicians (general maintenance, paint, service) assigned to our five- building Central Territory. It does contain the rest room for mozart associates visiting this building 4.. These three technicians spend their workdays between our five buildings in the Central Territory, so that’s about 20% of their time spent at the Georgian. Since all three of these technicians have a heavy work load, and they all consistently meet their quotas, the general maintenance and paint technicians must be spending 95% of their time inside apartments; and the service technician must spend a like amount of time cleaning the public areas of the buildings (The vacuum cleaner does emit a fair amount of noise) 5. Occasionally, other technicians (electricians, plumbers, HVAC, roofers, landscapers, etc) will be at the Georgian for a few hours. 6. Mozart maintains a large maintenance shop and central tool & parts supply facility at our headquarters building; not the Georgian. 7. There is no tool ‘room at; the Georgian and no other maintenance area of any type, other than the detailed maintenance office, near the Complainant’s apartment.. 8. The maintenance office does have a bench grinder, vice, and workbench where technicians may effect minor repairs on portable components ancillary to completing a service request involving a customer’ s apartment.. 9.Complainant’s apartment does have a double entry door; an outer one that is louvered and an inner one that is solid. If only the outer door is used, it will provide minimal protection from noise 10. Our field staff works from 8830 - 1700 on weekdays. 11.Complainant disclosed to us neither that she was going to be a student nor that she would be using the apartment as an office. Mozart’s Comments 1. Had Complainant disclosed that she was going to be a student, she would have been advised that there would be noise around the building between 0830 •••• 1700 on weekdays, as routine maintenance is confined to these hours, since most of the occupants are not in their apartments at these times. 2. Had Complainant disclosed that she was going to use the apartment for an office, we would not have rented to her unless and until she applied for and received a City of Pittsburgh Certificate of Occupancy, as that is required when residential apartments are going to be used for nonresidential purposes. This would have triggered a much more lengthy dialogue about many facets of the business to be operated, and a complete understanding about how both our other customers as well as Complainant would be impacted by the operation of this business- ft major point that would have been covered was the matter of noise and disturbance to and from the business. Note: from what little we know about Complainant’s business, she would have had no trouble in obtaining the required Certificate of Occupancy, and Mozart would have easily signed off on it? but Complainant would then have been aware about Mozart’s maintenance procedures, and she very well may have chosen another apartment complex. 3. Mozart had no reason to even suspect that Complainant might be going to be either a student or engaging in a home occupation; since she reported graduating from college in 2008 and a solid work history with various companies since then. 4. In the thirty-seven years that Mozart has managed the Georgian, this is the first complaint received about either this type of noise or conduct of Mozart’s associates.. It is no surprise that our associates have a totally opposite view of the allegations, but history is on their side.. However., we acknowledge that a trier of fact could come down either way. 5.We have been in this business for fifty-five years., and this is the first customer to express fear of our associates; usually, the customers express comfort at having them around.. Even Complainant has told us that our associates are always polite and friendly when she has interaction with them.. 6.. When Complainant first brough this topic to our attention , we instituted a premature rotation (we routinelly rotate associates every sixty days between territories) purely as an accommodation to Complaintant. Mozart’s conclusions We have weighed all of the above., including our very liberal Lease Termination Option, and concluded that we would be violating our fiduciary duty to the owner by deviating from the terms of the Lease Agreement, and therefore it is our intention to adhere to the terms of the lease.. Complainant may appeal this decision to Mozart’s Executive Committee..