RJR Maintenance & Management

Initial Business Response /* (1000, 6, 2015/10/06) */
[redacted] Hard Copy Attached [redacted]
Complaint: We moved into the apartments in February of 2015 and it was a brand new building with no landscaping. We were told that once spring came we would be getting landscape. Spring came and to this day there...

is still dirt and no landscaping. We have called multiple times regarding the no landscaping and they have told us tons of lies about the landscaping like they are waiting on the landscape company but the funny thing is the other two apartment building had landscaping started by May and it was finished by July, so waiting on the landscaping company was a lie. We then found out that the reason no landscaping is being done is because of an exposed transmission line on the property, which we found is a building violation and they also don't have proper terracing on the property, so drainage is an issue which is another building code violation a well. We discussed these with the landlord and there has been no fixing.
Response: In regards to the landscaping, there were no verbal agreements made between tenant and RJR. There is a major transmission line in the final grade of the property that has to be moved by Mor-Gran-Sou (electric company) before any landscaping can transpire. The transmission line is not exposed and if it were exposed, it would be a serious health issue. RJR Maintenance and Management would not be issued any violations of building codes as Moen Construction is the general contractor and RJR is only hired to manage the apartment rentals. The other two apartments have been landscaped due to the fact there were no issues to halt the work.
Complaint: Then in August of 2015 my husband received a promotion to move to South Dakota, so we accepted and did the paperwork to get our apartment re rented, which included paperwork and a 487 dollar re rental fee. Then on August 21st we were told that they had many applications and the landlord suggested that we move out, so people can move into our apartment by September 1, so we moved out two weeks early on August 28th. A week later we called to check on the apartment and suddenly they told us it wasn't re-rented and that we would be responsible for all payments for the next 5 months. We have been calling everyday and suddenly once we left the apartment all applications vanished, so we definitely feel taken advantage of and feel there is some dishonesty going on because every time we call in there is a different story about our apartment. We feel that since we are in contract they know they are getting the money,
so they are not pursuing what they legally have to pursue. It says in North Dakota Law that if you pay a re rental fee the apartment legally has to be put ahead of every other rental and get it re rented and we feel that we have been deceived and taken advantage of and we won't really know what to do when we live over 7 hours away. Not to mention the building code violations and verbal agreements made to us when we moved in.
Response: Per the lease and Landlord-Tenant Law in North Dakota, the re-rental fee represents the costs incurred by Management to mitigate its damages, such as advertising and other marketing efforts. It does not include rent, utilities or other losses incurred by Management as a result of Resident's early vacating of the unit. On August 21st, the tenant was never informed that this office had many applications. However, this office does inform any tenant that is breaking their lease, they are still liable for all terms during remainder of lease or until re rented. The procedure through this office, if a tenant chooses to vacate earlier than the 30 day notice or end of lease, tenant pays re-rental fee and we start advertising to get unit re rented and release tenant from their lease. The tenant was informed they could possibly be responsible for rent payments and utility bills for the remainder of the lease. Landlord-Tenant Law in North Dakota states if a tenant moves out before the lease expires, he/she is still responsible for paying rent for the remaining term of the lease. If the tenant pays the monthly rent and a new tenant is approved and moves in for a partial month, the prior tenant would receive a refund of the pro-rated rent amount. The thirty day written notice given to this office was expiring on September 31st, and by tenants' choice, they moved out on August 28th. A letter exactly 30 days after vacating the unit, was mailed to the tenant in regards to why their security deposit minus damages is being held.
Consumers Desired Resolution: We want our apartment leased.
Response: This office has received 16 applications for Sunset Bluffs since August 17th The applications that are on file consist of 4 applicants being denied due to credit collections, 2 applicants being denied due to criminal history, 3 applicants that were approved whom never committed and 7 applicants approved residency. Sunset Bluffs apartments are advertised and has been viewed by perspective tenants. From the date of the re rental fee being paid, websites that included the advertisement are rjrrentals.com, bismanonline.com, apartment guide, and rentlinx.com. Rentlinx.com is a portal for Bis-Man Apartment Association which connects to approximately 33 different rental websites. RJR Maintenance and Management is making every attempt possible to secure a tenant for this apartment. Sunset Bluffs is an apartment complex consisting of three individual buildings. As a property management company, we cannot force an applicant to move into an apartment that they are just not interested in. As of today's date, there is a 13% vacancy in the Sunset Buildings, due to the newest building opening in August 2015.
RJR Maintenance and Management utilizes leases printed by the Bismarck Mandan Apartment Association.
If any further information is required, please contact us.
RJR Maintenance and Management