Parkside at the Harbors

Review: I signed a application agreement at Parkside at the Harbor and paid $100 application fee on 8/**/13 pending approval, I returned on 8/**/13 after I was approved to put a deposit of $2590 down and sign my lease, no lease was provided for I did not complete my deposit and owed another $3925 in order to get the lease. My husband has now been given an opportunity to work out of state and we decided to decline taking the apartment. We had contacted parkside on the harbor on 9/**/13 because we were told that the property manager was going to be on vacation and would not be back until then, to inform of our decision not to take the apartment, and it has taken 9 days and a call today to be told that the deposit of $2590 has been forfeited due to notice was not given within 72 hours. I feel that this decision is unjust and if I obtain legal counsel this will probably exceed the deposit I am trying to get back. I'm not in a financial state where I can just lose $2590. Please help me with this matter.Desired Settlement: I would like my deposit back of $2590.

Consumer

Response:

The address for my complaint and the business is: Parkside at the Harbors located at [redacted]- ###-###-####

I signed an application to be submitted for review and approval to get an apartment. I never received a copy of this application until 9/**/13 when I requested the refund for my deposit, nor did I receive my lease agreement for I was told until all my fees were paid I would not receive a lease agreement. How can I refer to a contract that I do not have for any penalties or dates to respond when I did not recieve anything in writing . Nor was any deadlines to change my mind discussed at the time of signing my lease agreement. My husband and I are relocating and knew that the property manager was on vacation, we waited until the day she reurned and contacted her tomake her aware of our change in renting at Parkside at the harbor. I just feel this is unfair to have to lose $2590, in this day na age when money is hard to come by. I work very hard and dont fell this is right. I have attached the application that I signed on 8/**/13 and gave a $100, I then returned on 8/**/13 to find that I was approved for the apartment and left a deposit for $2590 and signed my lease which was not given to me because I was told everything was on hold and will not be rpocessed until the remaining $3925 was given. I was schedule dto return on 9/**/13 with the $3925 depsoit. I contacted Pardside on 9/**/13 with my decision.

Business

Response:

Dear Sir/Madam:

Please be advised that I represent Park side at the Harbors in connection with this matter. My client has given me a copy of the complaint

by [redacted] for a response.

I understand that the prospective tenants [redacted] and [redacted] filled out and signed an Application for Residency on

August **, 2013, and paid a $100.00 non­ refundable application fee. Euclosed is a tme copy of the Application for Residency.

Once the [redacted]s were approved for residency by the landlord, an Apartment Lease was prepared and fully executed on August

**, 2013, and the [redacted]s paid a security deposit of $2,590.00.

On September **, 2013, the [redacted]s notified Parkside by email that they were not goiug to take occupancy of the apartment,

and that they were cancelling the Apartment Lease. Enclosed is a true copy of the email received

from Mrs. [redacted]. Pursuant to the terms of the fully executed Application for Residency, Parkside is entitled to retain all monies paid by the [redacted]

application fee and security deposit. Due to the fact that the [redacted]s did not cancel the coutract before

72 hours, Parkside is also entitled to 50% of the first month's rent as liquidated damages. However, Parkside

is not seeking to recover that additional sum as and for its damages.

This is a very simple contract matter. The [redacted]s sat down with a representative from park side; not only read and filled out the application;

but agreed to the terms therein by signing the application. While Parkside can appreciate the fact that Mr. [redacted] found a business

opportunity which will now take the [redacted]s out-of-state, Parkside is entitled to recover its damages for the [redacted]s' failure to take occupancy of the

apartment and for their cancellation of the lease, notwithstanding the reason. It is simply a matter of the enforcement of a contract which was reviewed and

signed by all parties.

Should you have any questions regarding the foregoing, please do not hesitate to contact me at your convenience.