Olympus Properties

Initial Business Response /* (1000, 5, 2015/04/17) */
[redacted] See Attached [redacted]
Hi [redacted],
I received a letter today regarding a complaint from a former resident of our company, Olympus Properties. I would like to take the time to provide my perspective on the issue.
The resident [redacted]...

[redacted] resided in one of our apartments from 9/1/14-2/28/15. Her lease was originally 9/1/14-8/31/15. The resident (who I will hereafter call R1) originally signed a 12-month lease, however, R1 decided she wanted to move out before her lease ended. This was a two-bedroom apartment and her roommate (R2) did not want to terminate the lease. I offered R1 the option to sublet her room in the apartment. This was the cheapest and easiest option, and as per our lease, there is a $400 sublet fee. R1 did not want to pay this fee, despite having signed a lease with that fee listed (see attached lease). R1 did not want to pay this fee, and was persistent that she "didn't have to pay it." The property owner, [redacted], after a discussion with [redacted], lowered the fee to $300, which she paid. I have copied him in on this email.
As in many of our early lease terminations and/or sublets, I have the resident(s) sign a termination agreement so that we have everything on record and that both parties are protected. Please see the attached termination agreement we had for R1 and R2. Both residents had to agree to the terms. The terms are:
- R1 and R2's new lease termination date is 2/28/2015
- R2 remains a resident and signs a new lease with new resident (R3)
- R2's security deposit remains held with Olympus Properties
- R3 will put down a new security deposit before moving into apartment
- R1 will vacate the unit by 2/28/2015
- R1 will pay sublet fee of $300
- R1's security deposit will be returned at end of residency, ONLY after all rent fees and any other money owed has been paid, and after both residents (R2 & R3) have signed the new lease
I have bolded the specific terms that affect R1. Here are the following things we have on records in record to the bolded:
- Resident emailed me on 3/4/15 to inform me she was out of unit (see attached "Out of Unit"). She did not inform me earlier of vacating unit.
- R1 did pay the sublet fee on 2/3/15.
- R2 and R3 signed the new lease on 2/26/15. (See attached "R2 and R3 - New Lease Date Page")
- R1's new lease end date (as agreed upon) was 2/28/2015
- We calculated her refund on 3/10/15 and officially sent check out 3/16/15. (See attached "Security Deposit Refund")
Thus, we did return her security deposit within the 21 days, with her entire original deposit and accrued interest. We followed the termination agreement as it stood. I have explained and provided R1 with all of the information above.
In regards to R1's complaint of us contacting her roommate (R2), R2 actually contacted our office after I left a voicemail asking about signing and returning the termination agreement (per the agreement, we needed R1 and R2 to sign). R2 was confused and upset, and a little bit angry, because R1 had not informed her she was moving out and trying to sublet. I would be more than happy to provide you with R2's contact information and she can fill you in on her perspective of the situation as well. She was not pleased to have a roommate who was going to move out without telling her.
Overall, I feel that we at Olympus Properties did our best to help this resident by agreeing to let her terminate her lease and to sublet (she needed management permission) and by giving her a $100 discount on her sublet fee. We also waived the sublet responsibilities from her, so that she could essentially "walk away" from the situation and not be responsible for her subletter's damages/fees (if any).
Initial Consumer Rebuttal /* (3000, 7, 2015/04/29) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Hello,
I do not accept the response by the business. Unfortunately, there are very specific items that need to be addressed.
First, they were not within the 21 days to return a security deposit. I am owed the fee, $450. What was clearly left out of the business response is that myself R1 and R2 signed the Termination of Lease Agreement on January 30, 2015. The business admits to sending the check on 3/16/2015. This is more than 21 days later. To be frank, it's a double fine according to Minnesota State tenant laws.
Regardless of the other dates and times listed in the business response, I was officially taken off the lease on January 30, by R2 and I signing the Termination of Lease Agreement. The steps taken by the business after this point are not listed in the lease agreement I originally signed prior to moving in on 9/01/2015.
Second, the lease was made void by the business in asking me to sign a Termination of Lease agreement. In argument of the business response, I initiated the Subletting process by asking for someone else to take over my lease. This is what is agreed upon. Regardless of what the business claims to be typical business practice when one asks to sublease, this is a direct contradiction to what I signed in my lease agreement on page 2. It clearly states:
"9. Subletting: Resident may not lease the Apartment to other persons
(sublet)assign this Lease or sell the Lease without the prior written
consent of MANAGEMENT. If subletting is allowed, RESIDENT will be
charged a fee of $400 and MANAGEMENT must approve new resident via
standard application process. RESIDENT should be advised that he/she
is ultimately responsible for all actions and fines incurred by new
resident while subletting."
A business cannot expect me to sign a Termination of Lease Agreement and pay a subletting fee when this is not what is listed in the lease agreement I signed. I asked to sublet, which leaves me with responsibility. The Termination of Lease Agreement took me off the lease and I bear no responsibility. The lease was made null and void by the business when they did not follow the process set forth in their lease agreement. Therefore, that $300 should be paid back to me.
Thank you.
Final Business Response /* (4000, 9, 2015/05/04) */
Please see the attached agreement. Per the agreement signed by [redacted], her lease would be terminated effective 2/28/2015. She agreed to this and signed this on her termination agreement.
She also signed and agreed to the following:
"[redacted] will vacate the unit by 2/28/2015 and agrees to pay a subletting fee of $300 before vacating. [redacted]'s portion of the security deposit and accrued interest will be returned to her at the end of her residency, only after all rent fees and any other money owed has been paid, and after both residents have signed the new lease."
As mentioned in the previous reply, her lease termination date was 2/28/15. Even if we did go by the date the new resident signed a lease, it would be from 2/26/15. [redacted] agreed and signed to all of this. Thus, the return of her deposit on 3/16/15 was within the 21 days.
We do not know how to better explain this to [redacted] as it is what she agreed to and signed off on and our business has returned her security deposit on these terms. We are truly at a loss for how to help her understand.