RWW

Review: I was charged a $150.00 release fee for terminating my lease early even though it was not in the lease agreement that I signed. The $150.00 was deducted from my initial renters deposit. When I disputed the fee, the owner/manger ([redacted]) advised me that the company always does that when the lease is terminated even though its NOT in the lease. I advised her that that against the law and she stated that she's not going to argue with me and that she did not have to let me out of my lease. I advised her that since the lease does not contain a termination clause, there should not be any termination charges.Desired Settlement: A refund of the release fee that I did not agree to.

Business

Response:

In reference to the complaint from [redacted] about being charged a $150.00 release fee.

Mrs. [redacted] was under a one year lease agreement with us on a town home from February 10th 2014 until February 28th 2015 with no option to sublet. A lease is a legal and binding agreement. I have attached a copy of the lease that Mrs. [redacted] signed. She came to our office wanting to vacate early. She was informed by [redacted] that she would be responsible for the lease until it was rented. She was told that we would try to get it rented as quickly as possible but that she would have to pay $ 150.00 release fee, keep the utilities on until rented and would be responsible until a new tenant took occupancy. This was in front of me and [redacted]. She said that would not be a problem. [redacted] was able to rent it rather quickly so she moved out on the 6th of August and a new tenant moved in on August 10th 2014.

We did her a favor by letting her out of the lease, our lease states that it can not be subleased. The fee was only charged for (credit report, advertising and leasing agent). We feel she should consider herself very lucky, she did not have to pay tell the end of the lease term. Mrs. [redacted] called the office about this fee and I informed her that [redacted] had told her about the fee. She said she new that but it was not in the lease so she wanted a refund. We could have made her pay tell the end of the lease at $1,135.00 per month. We try to be as fair as possible and this is the first time ever someone complained about such a small fee. We even refunded her security deposit less damages; a lot of companies will not even do that.

Also she leased from [redacted] in the Oak Tree Community please make that change.

Thanks

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.My entire point of the complaint is that the lease did not state that a fee of any kind would be charge upon terminating the lease agreement. The point of signing a lease agreement is to define all rules, policies, and fees; which the $150 relisting fee was not disclosed or agreed upon. So therefore, replying that the company did me a favor or that no one else complains about the made up fee is not acceptable! Oak tree needs to admit that the $150 was not in the lease that I signed and therefore unethical! Oak tree did not lose out on anything because they had me still paying rent without living there while the company prepared the property for the new tenant that moved in the first week in July. So basically, since I did not consent to the $150 fee I want my money refunded!

Regards,

Business

Response:

The [redacted]'s signed a lease with us on December 19th 2013, for a lease term of 12 months and 19 days. Beginning February 10th 2014 and ending February 28th 2015. Mrs. [redacted] states its not in the lease for the $150.00 release fee. Well it is in the Lease that it can not be terminate. As a courtesy we agree to let her break the lease once we had it rented. She was well aware of the $150.00 release fee (for advertising, credit report etc.). That was not in the lease either, but we tried to help them. They only fulfilled their lease until August 10th 2014 only 6 months of the 12 month 19 day term. We are suppose to honor our original lease, but their not suppose to. We made her well aware of the fee, for releasing them early of said lease. I feel we went above and beyond what was required of us in the lease.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

I am rejecting Oak Tree's response because [redacted] the owner still has not admitted to being unethical in charging me the release fee. If the lease doesn't have a termination clause in it then the company has to own up to that not say " we charge that fee to everyone that breaks the lease." If that is your policy fine, all I am stating is that it should be in the leasing agreement! I never expected a refund because after my experience with this company I know how unethical the owner [redacted] is! I would never recommend this rental company to anyone and wanted the complaint publicly posted for all to see. This is also a company that makes you pay rent for ten days after you move but does not advise you of items accidently left while the tenant is still paying. I left two functioning appliances and a $200 unopened bottle of wine sitting together and was not notified! Even though I was still paying the rent! Just another example of how this company operates! Very poor customer service!,

Regards,