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Oak Pointe Apartments

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Oak Pointe Apartments Reviews (1)

Review: I recently applied to the Oak Pointe Apartment for one of their available apartments. The leasing staff took a holding deposit from me, and I signed an RDR associated with the apartment. After several days, Oak Pointe issued a new RDR, negating the previous RDR. In addition, they refused to answer calls inquiring about my application for days before they issued a new RDR. Once they issued a new RDR with a substantially higher deposit required, I made a few inquiries about the deposit and the lease itself. I asked to read the lease before making a decision. Oak Pointe did not provide the lease, but instead gave me an alternative lease to read from an internet website. Because they would not allow me enough information to make any housing decisions, either through their lack of communication or by reading any documents associated with the apartment, I asked for my holding deposit back and to withdraw my application. They currently refused to return my holding deposit on the grounds that I signed the original RDR which they declined.Desired Settlement: I would like to be refunded by holding deposit of $100 because Oak Pointe rejected my original RDR, did not communicate with me in good faith, and tried to prevent me from reading documents associated with leasing an apartment.

Business

Response:

On September 18, 2015, [redacted] completed an online application to procure a rental home with Oak Pointe Apartments. Additionally, [redacted] submitted an application fee of $45.99 and a holding deposit of $100 to reserve said apartment. At the time of her application, [redacted] provided an electronic signature agreeing to the following terms and conditions (please see Exhibit ‘A’, attached):“If Applicant withdraws application prior to excitation of lease, the rental application holding/security deposit will be forfeited unless written cancellation is received within 72 hours from the day of this online transaction.” On September 20, 2015, [redacted] provided a physical signature on a Deposit and Rent Status form agreeing to similar terms and conditions (see Exhibit ‘B’ attached) that read as follows:“In the event the Applicant is approved and the apartment is available but Applicant elects not to rent the apartment, the Owner/Agent may retain the holding/security deposit as consideration in full for the Owner/Agent’s having held the apartment off the rental market. The parties agree that the amount of damages in that situation will be difficult to establish and that the amount of the deposit is agreed to as and for liquidated damages. If Applicant withdraws application prior to execution of the lease, the rental application holding/security deposit will be forfeited unless written cancellation is received within 72 hours from this date.”[redacted] initially requested a move-in date of September 24, 2015 (as reflected on Exhibit ‘B’) and was conditionally approved on September 23, 2015. When notified of her approval status, [redacted] asked to delay her move-in and take possession of the apartment on September 26, 2015. On September 25, 2015, [redacted] requested a copy of her lease agreement to review prior to her scheduled move-in date. Our office obliged and forwarded [redacted] an electronic copy of the same lease she would be asked to sign prior to taking possession of her apartment home. Please note that our lease agreements are generated through On-Site, which is why [redacted]’s lease was forwarded to her for review in this electronic format. Had [redacted] specifically asked for a printed copy of the lease agreement, we would have been happy to supply this to her.On September 26, 2015, [redacted] requested the return of her holding deposit and, presumably, cancelled her application (see Exhibit ‘C’). Please note that 8 days had passed since the submission of [redacted]’s initial application, and 6 days had lapsed since the signing of her Deposit and Rent Status receipt. An apartment home was held off the market for [redacted] from September 18 to September 26, 2015. [redacted]’s holding deposit was forfeited because she opted to cancel pursuant to the 72-hour return period, and no refund was offered by Oak Pointe Apartments.

Consumer

Response:

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Description: Apartments

Address: 1111 Burke, Pasadena, Texas, United States, 77506

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www.oakpointeapthomes.com

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