North 38 Apartments

Review: We are tennants at North 38 apartment complex. We have a one year lease signed with them.

All of our drains backed up with raw sewage almost four days ago (Saturday 18th). We have tried multiple times to get assistance, as raw sewage is a biohazard.

We have not had our apartment addressed; there is still raw sewage on the floor and in the bath tubs. We have not been offered alternative accommodations . We are being forced to stay and pay for an apartment that is a very obvious health hazard. We have contacted every manager and employee possible. Many of which did not return phone calls or try to contact us. One of the managers hung up on me during my complaint.

To clarify all of this; here is the letter we have sent the owner of the business. It is a detailed account of what happened, and what we want from them as tennants

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Dear (Owner),

I am writing you today because my Roommate (Roommate #1) and I have a serious issue with the way recent events have been handled at North 38 apartments. There was a sewage leak in our apartment on Saturday 18 October 2014 around 9 AM. My roommate informed me that our showers were backing up with raw sewage. He immediately called north 38 and an independent plumber who told him to take it up with North 38 maintenance as it would be hours before they could assist. He spoke with the two employees at the front desk and was told that managers did not work on the weekend. They promptly called someone who stopped the flooding, but only after our laundry room floor, kitchen floor, and showers were covered in sewage.

I was out of town for the weekend and my roommate (roommate #1) was just leaving to visit his parents who live across the state. He left the matter up to our other roommate (roommate #2). Roommate #1 arrived back at the apartments on Sunday 19 October and called me and informed me of the situation and how it was still not cleaned.

I arrived back at the apartment this morning, Monday 20 October, to see the mess first-hand. When I was done with School for the day I went into the North 38 Office to speak to a Manager about this issue. I immediately talked to Manager #1 who informed me that Roommate #2 was given another room to stay in until the matter was taken care of. Roommate #1 and I were not informed of any such arrangement for ourselves, and Roommate #1 was informed earlier that the mess would be cleaned up today.

When I talked to Manager #1 I raised a few very simple questions:

Most importantly, Why does it seem to be ok that Raw Sewage can stay on a residents floor for any amount of time? I was informed that they had a plan to clean it up by Today. It still is on our floor and is still presenting a health hazard. It should have been dealt with immediately.

Why was I not informed about this situation officially by email? I receive rental notices, and I receive package notices. Why was I not at least informed officially that this issue was being taken care of, or even that there was an issue? I find it troubling that one of our my roommates was moved to a different room because of health concerns and we were not informed of any part of it. We still don’t know where our roommate is and we still have no other option but to stay here. I was told in the Office that it was “Roommate #1's responsibility” to tell us that we have an alternative sleeping arrangement. We are still not in contact with him.

Why are there no maintenance response protocols in place for health emergencies like this? I was informed when I spoke to Manager #1 that an independent contractor had been called to take care of this issue and that they simply did not show up. Why are such unreliable people contracted in the first place?

None of these question were answered. We still have Sewage on our Floors, Showers, and Kitchen Sink.

The most concerning of which is the Kitchen Floor. WE EAT THERE. It is not clear to us when it is going to be safe to eat food in there again.

Why are we still here? Why are we not given another place yet? And Why is this issue not being taken seriously? This is a Health Concern that is on your property right now.

-Regards

Roommate #3

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I've removed the names as per the prompt. The aforementioned letter covers almost all of the issues we've been having. However, I cannot stress how many times i've talked to employees only to be brushed aside. My other roommates included had the same experiences.

It is on the first page of our lease that our rental agreement covers "Water, Trash Removal, Sewer, Furniture, Internet, Electricity, Basic Cable". This complaint is chiefly about the sewer problem (massive neglect). However the second largest issue we've been having is with the internet. My roommate did not have internet access for the first few weeks of his stay, despite complaining. After it was addressed we still had remaining issues with constant disconnects and inaccessibility, myself included.

Thank you for your time, I greatly appreciate any assistance that can be given to us.

-Respectfully,

[redacted]Desired Settlement: We have had too many issues outside of this included to even consider living here any longer. There have been numerous smaller problems outside of this larger issue, including services that we are paying for that we have not received.

Ideally we want out of our lease, without having to find someone to sublet or pay for the rest of the year.

We would like to move forward and put this behind us.

Business

Response:

This letter is written in response to a complaint your office received from a current resident of North 38 Apartments, Case #[redacted]. Our office received the notification from you on October 27, 2014. As you will see in the information provided below, our company has worked to resolve the resident's concerns stated within the complaint prior to receiving the notification from your office.

Our office was notified by the roommate of the complainant on Saturday, October 18, 2014 that there was a plumbing backup within the apartment. Our on-call service technician came out and addressed the situation, treating the situation as an emergency. While we offered numerous times to provide all cleanup services in house that day, it was requested by the reporting resident to have a third party come and perform the cleanup. This was scheduled for the next available time, Monday, October 20'", 2014. In the meantime, alternative accommodations were made and the reporting resident notified.

On Monday, October 20, 2014 our office was contacted by the complainant and the third roommate about the issue from the weekend. The onsite staff provided details of the incident and the details of the cleaning that had been scheduled for that day.

As scheduled, the unit was thoroughly cleaned by our third party contractor on Monday the 20 th. I was contacted that evening around 10pm via email regarding their concerns (the email sent to me was the same as the excerpt within the complaint sent to you later that evening). I worked with the onsite staff the following day to address their concerns and emails were sent from the North 38 Operations Manager with me following up the following day. Since, the unit has been re-cleaned and the staff followed up on the status of the unit numerous times.

The situation from the main drain backup has been resolved and the unit professionally cleaned multiple times. We have offered a transfer, free of charge, which the residents have declined, choosing to remain within their original apartment. We have scheduled for the air ducts to be cleaned, the carpets to be steamed, and for an air scrubber to be run within the unit and have communicated the schedule to all three of the residents within the unit.

We have been in consistent contact with the residents of the apartment and have worked to remedy their concerns within the unit. We will continue to work with them to ensure that their stay at North 38 meets their expectations.

We appreciate your time in reviewing our response and ask that should you have any questions, you feel free to contact us.

Sincerely,

Executive Manager/Director of Student Housing

Review: I helped my sister obtain a lease from North 38 apts in [redacted] I told her I would Co Sign for a year to help her get the apt. After the year was up I told her I didnt want to be responsible for the apt anymore. My mother flew all the way in from [redacted] state, and took my sister to the office at North 38. They told the office staff that I didnt want to remain responsible for the lease, or resign for a new year. My mom offered to replace me as guarantor. The staff assured my mother, and sister that because the rent had been paid well for a year. That my mom was not needed, and that I didn't need to re sign. They also never asked me if it was ok to renew the lease. I feel like they should have just out of common courtesy if nothing else. After that a year goes by. My sister got in trouble and lost the apt a couple months before the lease was up. They called me and said since I was responsible to come clean the place out. I argued the point then, that I was not responsible. However they assured me that they were not going to pursue my sister for anything, and needed someone to come clean out the apt for her, as she was now in jail. So I went and got a key, and cleaned it out. They told me they were not going to pursue her with any charges, or evict. So she would'nt have anymore trouble to deal with. Which I thought was very kind. Well about 4 weeks later I get a bill with my name on it for roughly 4200 dollars in repairs. I could have made these repairs myself for a fraction of the cost had I known they were going to try to target me with this bill. I called the office and asked for a copy of the lease they said sure come pick it up. I drive all the way there, and the young lady looks very suspicious as I come in and ask for a copy of the lease. The other ladies scurry off into a back room. The lady at the counter says its against policy to give you a copy of the lease. I now feel as this organization has lied to myself, and my family atleast three times. Once about no longer needing a guarantor for the apt. Twice that they were not going to pursue my sister with any charges, and three times, as they said I could pick up a copy of the lease, and then could not. I called the office three times after that asking to speak with whoever handles their billing. Each time they would ask my name, and then say shes not here. If she really wasnt there why not just say so to begin with. With their track record thus far I just assume they are lieing again. However I left two messages for the so called "Financial Manager". Which were never returned. I also work in a business that deals with financial transactions, and I can guarantee that when someone calls looking for me, and they owe the company money I get back to them very quickly. Wouldnt you? So today I get a call from some type of collection agency. I tell them the story they dont seem to care. Had the office returned any of my calls I probably would have tried to negotiate a payment with them just to help my sister out even though I feel like I dont owe them anything, After being lied to repeatedly, and no one ever wanting to return my phone calls I am beyond upset. The level of deception myself, and my family has endured is ridiculous. They did produce a document that I signed with the first lease saying I would be guarantor as long as she stayed there. However when we went in to renew the lease, and my mother told them I no longer wanted to be responsible, and that she would sign they should have let her. Instead they said you dont need to, and pocketed this paper. They should have said your son is responsible for as long as she lives here not matter what. We simply would have found her a new apt. All this could have been avoided instead they acted like myself, and my mother werent neccasary, that my sister had done fine on her own, and we were no longer needed. Now there is a bill, and they are trying to come after me. THIS IS A JOKE!Desired Settlement: I would like the be negated of responsibility for this charge as your business told my family I was no longer needed on the lease when we renewed.

Business

Response:

This letter is written in response to a complaint your office received from a prior resident's Guarantor of Lease for North 38 Apartments, Case #[redacted]. Our office received the notification from you on October 7, 2015. As you will see in the information provided below, our company was not made aware of the concerns brought to you in their complaint prior to receiving the notification from your office.The complaint received from [redacted] is in regards to a Guarantor of Lease Agreement that he signed with North 38 Apartments for his sister. [redacted] signed as Guarantor of Lease fol his sister [redacted] for her first lease term. In order to protect the privacy of the Guarantor, a copy of the actual form is not attached; however, below is an excerpt from the Guarantor of Lease form which allows the resident to renew/extend their contract without consent of the Guarantor as well as holds the Guarantor responsible for all balances due as a part of the lease:"In order to induce Landlord to lease to the Resident identified above, the undersigned does hereby (if more than one, jointlyand severally) guarantee the payment in full of all obligations under the Lease to be executed by the Resident or any renewal,extension or subsequent Apartment Lease Agreement (whether for the same or different unit), and to pay all amountsincluding fines imposed pursuant to the Community Policies, or Attorney's fees incurred in the enforcement of the subjectApartment Lease Agreement or any renewal, extension or subsequent lease.This Guaranty may be enforced against Guarantor(s) without the necessity of recourse against Resident or any other partiesresponsible. Guarantor(s) consent(s) that any proceedings to enforce this Agreement or related rights may be brought beforethe court sitting in the judicial district or circuit in which the apartments are located, and Guarantor(s) consent to personaljurisdiction of such courts and agree that they may be served with process by certified mail addressed to them at the addressshown below. Any actions to enforce this Guaranty shall be governed by the laws of the State of South Carolina.The Guarantor(s) waive (1) renewal or notice of extension of time within which any payment of rental, damages or repairs orthe performance of other obligations shall be due; (2) necessity of recourse against Resident; (3) any understanding that anyother person, firm or corporation was to sign this Guaranty; (4) the incapacity or bankruptcy of Resident or any otherGuarantor; (5) any notice of change or amendment to the Apartment Lease Agreement, the Community Policies, or the rightto any notice of default.Failure of Landlord to enforce rights or recovery against other occupants of the unit and any third parties shall not releaseGuarantor(s), provided Guarantor(s) is only liable for payments or obligations of Resident whose name is set forth above inaccordance with the terms of the Apartment Lease Agreement but shall be solely responsible as though Guarantor(s) were theResident."In addition to the amounts guaranteed, Guarantor(s) agrees to pay reasonable attorney's fees and all costs imposed under theterms of the Apartment Lease Agreement or required appropriate in enforcement of this Guaranty."At the time that [redacted] was asked to move out as she had violated the housing contract, [redacted] was contacted as he was the Guarantor of Lease on file. At no point did he dispute his responsibility but rather came to remove her things from the unit as [redacted] was not able to. [redacted] states in his complaint that he asked to be removed as Guarantor of Lease at the time of the renewal lease. There is no documentation in the file of this request. Additionally, he states that our office stated that he was no longer needed. Our office did not state that a Guarantor was no longer needed, it was simply not necessary for him to resign as the original document was valid for the renewal. At the time that [redacted] came to our office for a copy of the signed Guarantor of Lease form, this issue of him having previously asked to be removed as Guarantor of Lease was not broached. He briefly discussed their responsibilities with the office. He was informed, that as she was being asked to vacate, they would not be responsible for further rental payments once she was out of the unit. He was not told that they would not be responsible for damages to the unit. Once the final charges were assessed, the final bill was sent to him as the Guarantor as well as [redacted] as she was the leaseholder.The statements made by [redacted] regarding the status of the Guarantor of Lease signed by him as well as the supposed financial responsibility and comments made by our office have been incorrect. As shown in the above, as the Guarantor of Lease, [redacted] will be held responsible for the balance due on the account as signed for.We appreciate your time in reviewing our response and ask that should you have any questions, you feel free to contact us.Sincerely,[redacted]Executive Manager / Director of Student HousingJMG Realty, Inc.

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.

I disputed the fact that I was still responsible for the property the very first time I was contacted. The woman on the phone said no your still on file, after I informed her of the situation. Here again your trying to lie to me. I am beyond tired of being lied to, and jerked around by you, and your company. I also contacted the business three further times to dispute the fact with the financial manager as I assumed that is who you have handle your financial matters. I also went in for a copy of the lease which I was told I could have then when I got there. I was told I wasnt allowed to have a copy of the lease. Sounds pretty bad to me that the person "supposedly" responsible for the property cant see a copy of the lease. My lawyer however assured me he should'nt have a problem getting a copy. The financial manager never returned any of my messages, or answered the phone. I was repeatedly told she would call back. Im yet to this day to hear a word from her. Probably because she was to ashamed to tell me to my face that her associates had repeatedly lied to me. The accuracy of your statement about me asking to be removed from responsibility of the property is also inaccurate, and there are several witnesses willing to say otherwise. We offered to have my mother replace me, at that same time. I was told I didnt need to sign, and that she didnt need to replace me. So at that point it was my understanding that I had been removed. My mother would have happily went on in my place, or again we could have just moved my sister. Your employee's were well aware of my desires. Furthermore you never produced a check out sheet from the first year after her first set of roomates moved out which I had asked for as well. There were damages that you billed her for that were there from her first roomates being there. Carpet, beds etc. There should be a check out and check in sheet everytime a lessee comes or goes. Unless it is a sub leesse in which the tenants would be responsible in my perception. What I really dont understand is why your financial manager wouldnt return any of my phone calls if I supposedly owed you money?Now your collection agency is contacting me, and trying to use scare tactics to get me to pay a debt I don't owe. This is a simple fix, you can go after my sister for whatever bill you think she has, and you can remove me from these collection attempts. This is silly. If you think im going to pay a debt I dont owe, you must also be the kind of person to do the same things everyday, and expect different results.

Regards,