S R Guns, LLC

As you can see in the attached Lease Contract Buy-Out Agreement, signed by *** and his roommate ***, it states that you my buy out of the lease contract prior to the end of the lease term by #providing a days written notice and by #paying a buy-out fee of $3,Although ***
lists a few "reasons" as to why they are vacating their unit, we find most of his reasoning's both irrelevant and unrelated to this lease termIt should be known that *** moved in on 7/13/with his lease expiring on 8/7/At that time he decided to renew his lease with us for another months, 8/8/- 8/10/If he felt he was forced into a subpar unit when he moved in, which he wasn't, then he had the opportunity to move out of it on 8/7/but instead he chose to renewThe resident living below him in which he states was evicted for smoking is not trueThis resident was not evicted and moved out on her own on 3/7/Again, *** had the opportunity to move out on 8/7/if both of these prior issues were such a big deal, but instead he decided to renewAs for the fire, a neighboring unit did in fact have a fire in their apartment that in turn set off the sprinklers and caused water damage to numerous apartments, not just ***'sWhile this was all a series of unfortunate events, none of this was caused by the building itselfThe entire Elan Uptown staff worked closely with our restoration vendors to expeditiously complete the workTeddy, one of our leasing consultants, offered to transfer *** along with waiving his transfer fee to which he declinedAll of these issues mentioned bear no impact on *** and *** legal obligation to the lease and its addendum's that they signedLastly, attached is his email from last weekAs you'll see, nowhere in this email does it request a meeting with myself, rather just threats to turn to the Revdex.com, news media, and legal options if we do not waive his fee

I am rejecting this response because:
Elan's response ignores or rejects several facts:--We WERE given the wrong category of unit and had many discussions with Amy *** about thisMaybe she didn't keep records of those conversations, but we were offered a corner unit on the 5th floor, before we were told (too late to make any other arrangements) that the price would be higher than promised and that for that price she had quoted us, we would need to select a different unit.--A leasing agent told me that if someone signed a lease to move into our unit, it would be possible to have the fee waivedWe did our part to help this happen and someone DID sign a lease to move in a few days after we leave the buildingWhy is Elan not honoring this offer? We made a good-faith effort todo our part, and now Elan is reneging on a promise.--Us moving out will not cost Elan anythingOn the contrary, someone will be moving in and paying HIGHER rent per month, meaning the building will earn MORE revenueSo what is the justification for the fee? Especially considering the above point (the offer of having the fee waived if someone signed a lease to move in shortly after our departure), it seems vindictive to shake us down like this$is a rounding error for Elan; it's real money for a couple of junior professionals.--If Elan wants to have a conversation about responsibilities in the lease, it's worth remembering that a contract is a two-way agreementElan had an obligation (in the lease and under legislation governing rental buildings) to keep the place clean and safe, to make any repairs promptly, and to ensure that tenants are not engaged in anti-social or illegal behaviorElan did not do these things, allowed problems to fester, and prompted us to move out.-- I suggest that the community manager check his email againI've attached the full text of the email I sent to him on Feb 7th

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me

Hello, Elan Uptown recognizes the complaint and has addressed with *** *** (roommate of *** ***) over the phoneUnder Minnesota Landlord Tenant Law, Elan Uptown has days from the day after the tenancy ends to return the security deposit or give the tenant a written explanation as to why
the deposit (or any part of the deposit) will not be returnedElan Uptown mailed a statement on 6/2/(days after tenancy) which described the security deposit amount that would be returned to *** *** and *** ***No damage charges or rent were taken from the Security DepositOnly final utilities in the amount of $were removed from the Security Deposit and the resident received interest in the amount of $making a total removed in the amount of $After receiving a phone call from *** *** concerning her security deposit refund the Greystar Accounting Department was contacted and had confirmed that this was a mistake of our Account Payable RepresentativeOur AP representative had received the refund information and permission to issue a check in the amount of $on 6/2/Unfortunately, the check request was not completed until 6/23/After the original conversation, management from Elan Uptown and Greystar Regional Management conferred with Supervisors of the Greystar Accounting Department to formulate a plan to prevent any further difficultiesSince receiving this complaint the resident, *** ***, has received the Security Deposit Refund check and was reconciled on 7/5/With the Security Deposit Check being reconciled within days of original complaint we feel that no further action is necessaryThank you, Elan Uptown Management

Our stance remains the same and will not change, the $3,000 lease break fee stands as is. In fact, if you look at the lease buyout addendum, his notice to vacate is technically not valid until he has paid that fee. This means that AFTER he pays us the $3,000 fee is when his 60 day notice period goes into effect. -- I can’t speak to this as I was not involved in [redacted] initial move-in and Amy [redacted] is no longer with Elan Uptown. True or not, this does not warrant any waiver of fees. As mentioned in a previous response, [redacted] has had more than one opportunity to move out (at the end of his lease without a break fee) or transfer without a fee and he declined both. If he was so displeased with his unit or price, he should have capitalized on these opportunities.   -- I have confirmed with all three of my leasing agents that nothing was ever said to [redacted] in regards to waiving his lease break fee in the event that his unit gets rented out. We deal with many lease break situations throughout the year and it never has been a practice or a policy to waive fees if someone apartment gets rented out. The logic behind the argument doesn’t make a whole lot of sense. If someone breaks their lease we are always going to try and re-rent the unit out, we aren’t going to let it sit vacant just because someone pays a break fee.   -- This is also not true. There are costs involved when residents move out such as vacancy loss (the time between you moving out and the new resident moving in when we are not collecting income), turn costs and admin costs. Also, we rented out that apartment to the new resident at a lower rate than what [redacted] was paying so we are also losing revenue each month. For privacy reasons, I cannot attached a copy of the new residents lease to prove it but would be happy to provide it to the Revdex.com if requested. -- [redacted] is absolutely right, the lease agreement is a two way street. We have upheld all of our requirements and obligations set forth by our mutual lease agreement with [redacted]. In regards to the repairs, these were made as promptly as they possibly could be. When the building suffers a $150,000+ fire loss, that unfortunately isn’t something that can be repaired overnight. We are proud of managing a luxury apartment building and are not in the business of prolonging construction for no reason, we wanted the building restored to its original just as fast as everyone else did. We did everything in our power to make that happen. -- In the attached email provided by [redacted], you’ll see that the “To:” address is to [redacted], however, my email address is [redacted] It has never been [redacted] and I unfortunately do not receive any emails sent to that address. To prevent [redacted] from stating he doesn’t have my correct email, I’ve attached a past email from [redacted] (Exhibit A) that proves he does in fact have my correct email address.