Rolling Oaks Hospitality & Affinity Management Reviews (%countItem)
Rolling Oaks Hospitality & Affinity Management Rating
Address: 4940 S Farm Road 189 Ste 300, Rogersville, Missouri, United States, 65742-8687
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www.deepelmleasing.com
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My son signed a lease agreement to rent an apartment for the upcoming Missouri State University school year 2020-2021 and I co-signed to help him.
My son recently lost his job due to the recent global pandemic/epidemic COVID 19. COVID-19 has made the performance of the lease by us impossible. This impossibility was produced by an unanticipated event that could not have been foreseen or guarded against in the lease agreement/contract and is beyond our control. The governmental shut down due to COVID 19 has caused us to no longer be able to perform our contractual duties.
In paragraph 45 FORCE MAJEURE of the lease agreement Affiniti/*** is protected under such an epidemic and we are requesting the same fair and reasonable protection be applied to us. We would also request fair and reasonable consideration under the Doctrines of Impossibility and Frustration of Purpose.
Not only has my son lost his job, we are dairy farmers and due to the COVID 19 the milk price has dropped almost seven dollars per hundredweight and is projected to drop another three to four dollars per hundredweight by the end of May making our performance of the lease impossible. On top of both of those issues, MSU may not have in person classes in the fall and may continue with online classes only.
We immediately contacted Ms. ***, Regional Community Manager, *** VIA email *** and requested to be released from the lease and asked for a reasonable and fair solution and giving Affiniti plenty of time to re-lease the apartment. The only solution *** offered was for us to pay the entire amount of the lease agreement, $7,920.00. We also reached out to ***, VP of Operations, Rolling Oak Group of Companies VIA email *** . He stated at this time there was nothing he could do and that we would be responsible for the full amount of the lease at this time however he did state that could change in the upcoming months.
Hi There,Please see the attached response regarding the complaint you have received. Please let me know if you have any further questions.Thank you!
I represent Rolling Oaks Hospitality, Inc., *** and *** and I am writing in response to your letter dated April 30, 2020 regarding complaint no. ***.
On April 2, 2020, *** son, ***, entered into a student housing lease contract with *** managed by Affiniti Management Services, LLC, for an apartment *** commencing August 10, 2020. Thereafter, on approximately April 20, 2020, *** contacted *** and asked to be let out of his lease because he had just lost his job and was not sure Missouri State University classes would be held in person in the fall. Affiniti told him they were not affiliated with MSU, was sorry he lost his job, and that if he needed to, he could find someone to sublet. *** then began calling and emailing Affiniti, demanding *** be let out of the lease due to a Force Majeure provision contained in the lease and threatening Affiniti with legal action if it did not let him out of the lease. Affiniti advised *** as to the effect of the Force Majeure provision and again reiterated that *** could sublet the apartment.
The Force Majeure provision in the lease, a copy of which is enclosed with this letter, clearly indicates that if the landlord is unable to perform any of its obligations due to an act of God, strikes, epidemics, war, acts of terroism, riots, floods, fire, hurricanes, tornados, sabotage, or other occurrences which is beyond the control of the parties, the Landlord shall be excused from performance; however, the provision does not release the resident from performance. *** is arguing that because her son lost his job, he should be released from the lease under the Force Majeure provision. First, the lost of a job is not sufficient to invoke the Force Majeure provision. Second, even if the Force Majeure provision were invoked, it does not excuse *** from his performance under the lease.
***, LLC and *** have stayed in constant communication with *** and Mrs. Dotson and have offered *** a very fair option to relieve him of his obligations under the lease by allowing him to sublet the apartment. A copy of the communications between the parties is also enclosed with this letter for your reference. With the lease term not commencing until August, *** has ample time to submit the apartment or obtain other employment in Springfield, Missouri prior to the beginning of the lease term.
The company has not refunded me the administration fee of $350. I paid $410 total for an apartment. I did not pre-qualify and they asked me to pay the $350. I told them I had an eviction, but they told me to apply anyway. On December 2nd, I was denied and they told me that I can expect a check of my refund before the 11th. That did not happen. On Wednesday, December 11th, they told me it will take 2 more weeks before I can get my refund. The same day, I spoke to another lady and she said they will put the check in the mail today and I should have it by Saturday. It has not arrived. I called to let her know I did not receive it and she told me "I hope you get it". Affinity Management seems as if they do not care and not worried about resolving this issue.
application was completed on November 26th. He paid $380 on 11/22 and $30 on 11/22 via our website. This would be $350 admin fee and $30 application fee per applicant.
We can't make an approval decision based off of *** verbal comment about his eviction. There is a process we have to go through (Fair Housing and Fair Credit Reporting Act) which is the reason he was told to apply online.
*** received an Adverse Action notice on Monday 12/2/19 that his application was not approved and we would be refunding his $350 (Application fees are non refundable).
We received the request from the property manager to the accounting office on 12/5/19 to refund ***.
Unfortunately, we have to wait at least 2 weeks after *** initial payment to confirm it is not an "NSF" (insufficient funds). On 12/11/19, *** refund check was cut and would have been mailed Friday 12/13/19. The address we had on file was ***.
*** called around 12/17/19 to ask about his check. the Receptionist told *** that he should give it another day or so (Rogersville mail goes to Kansas City and then redelivered so there is a slight delay). That week, we received returned mail for not being able to delivered to the address provided. *** was notified and his mother came to pick up the check. When she came to pick up the check, she mentioned something was off on the address.
We hate for *** to be frustrated with the process. Unfortunately, there are some things we have to go through (by law) before we can make a decision on an application for housing. We also need to ensure that we have the funds before we can refund an individual. There was also an added delay to the incorrect address we were provided.
Complaint: ***
I am rejecting this response because:My frustration is not with your application process, but with your carelessness and dishonesty. As you stated in your response to my complaint my payment was made through your online website payment portal. How can an "NSF" be part of an online payment portal environment.
It would help a lot if you would take responsibility for your mistakes. When the property manager contacted me, she told me I would receive the check early the next week. After contacting her when it didn't come, I was then told it would be two weeks. I also know how to spell my own address, the problem was with the person that addressed the envelope. I never put *** on my application. Once again Rolling Oaks NOT TAKING RESPONSIBILITY for THEIR MISTAKES. My frustration once again is not with your application process, but your dishonesty, and customer service. If you were not careless, it would not have taken over 2 weeks for me to receive my refund, after I was told by your property manager it would take less than a week. I did receive refund,but strongly recommend for anybody to NOT use this company.
Sincerely