Sandpoint Builders Inc.

This Firm is counsel for Mark-Taylor Residential, Incand its residential rental community of *** *** ApartmentsMy client is in receipt of your May 4, letter concerning an offer to resolve the debt owed by your client in relation to the lease of the above-mentioned apartmentsI have
reviewed your letter with my client and am responding at its request.My client’s records indicate that your client executed a residential lease agreements for Apartments *** and *** at *** *** ApartmentsPursuant to paragraph of said leases was the covenant that your client was to use the above-mentioned apartments for use as a residential dwelling unit only Pursuant to the arrangement made between the parties, your client was permitted to use the apartments as “corporate apartments.” Upon discovery that your client had in fact used the apartments as a vacation rental business, my client issued the notices at issue.Despite your client’s contention, there was never any understanding or agreement that Mr*** would be using the apartments as part of his vacation rental business Such a use is prohibited by the terms of the lease agreement and *** ***In an email dated June 3, 2014, your client informed my client’s on-site personnel that the purpose behind the rental of these apartments was to use them as corporate rentals to help house his employees and provide an additional employment incentive Your client also indicated that he wanted to utilize the other apartment when he came into town with his familyI have enclosed this email for your reviewThe use of the apartments as outlined by your client in his June 3, was far different than his actual use once he was given possession of the apartments.In terms of your client’s claim that my client breached their agreement, my client did not breach any promise made to your client Your client was party to two separate lease agreements which outlined specifically the use of the apartments at issue No other agreement was made by the parties or incorporated into the lease agreements By signing said lease agreements, your client agreed to abide by their terms and conditions When your client and his company failed to do so, my client issued a proper 10-day notice Your client could have cured the lease violation yet opted to terminate his lease agreement and surrender possession Upon the termination of the lease agreements by your client, my client properly invoked the lease cancelation provisions set forth in the lease agreements.While my client appreciates your client’s attempt to resolve this matter and his offer to pay$2,511.97, my client will be making no concession of the amounts charged in the move-out statement My client insists that your client remit payment for these amounts Upon the re-renting of the apartments, my client will make any and all necessary adjustments as required by Arizona law.Should you have any questions or concerns, please direct them to this office.Respectfully,*** ** ***, Esq

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
First, the information that I received regarding the previous unit was confirmed by ***The previous resident hung himself in the bedroom closetThe only inaccurate information was that the neighbor thought it was the bathroomPeople pass away all the time; I volunteer for hospice and I'm around death all the timeHowever, this man committed suicide and I was uncomfortable with the violent act that happened in my closetRegardless of whether or not someone lived there after this man killed himself is irrelevant and I'm unsure why *** references thisDeducting anything from funds on file other than a security deposit is not allowedI have yet to receive the final bill of $for the final water billEach bill was approximately $80-$per month for a one bedroom, one bathroom unit with one residentThe final bill went to $and I never received the actual billThere are over residents in this community that have confirmed they too have the same issue with the water bill and the community is simply sweeping this under the rug hoping no one else brings this upIn regards to the rent check, I never gave any authorization whatsoever to cash that checkI was assured multiple times that the check would be handed back to me once the check from corporate came inI did not decline a check from the office - I do not work close by and could not get to the office before the office closedThat was my exact response to this office yet they seem to misconstrue words to better their position.I have yet to receive an acknowledgement of the many lies from this office nor an apology from anyone regarding the additional stress and frustrations all of this has causedDue to the undisclosed material defects, this office is in non-compliance and further complaints to the *** *** *** will be madeA one time concession for $is not what I am looking forI am looking for what is owed on the water bill and acknowledgement of the issues
Regards,
*** ***

Dear MsV*** We apologize that you experienced difficulty with your rent payment at Capital PlaceMark-Taylor is dedicated to providing an excellent living experience and customer service experience to all of our residentsIn reviewing your account, it appears that the rent amount
signed and agreed upon in your lease contract is correct, however the amount chosen to set up for your auto payment was notWe apologize if there was any misunderstanding in the explanation of setting up your online payment account when you moved in Your lease charges have remained the same throughout your leaseIt appears that the balance on your account arose from the way your one-month free concession was usedThe concession was applied as a one-time credit at the beginning of your lease in November The amount you set up your auto payment for, determines how quickly this concession is used A credit remained on your account until May at which time your concession amount had then been depletedThis is when you were notified by management that a balance was owed on the account No additional fees nor increase in rent was charged to you, only the original amount that was stated in your lease agreementAs provided to you and as always, you are welcome to a copy of your account ledger showing all charges and credits on your accountAgain, we apologize if anything was misunderstood when you moved in or when you set up your auto payment account, and we can certainly understand how this caused some confusion and inconvenience for you Due to the misunderstanding and in a sign of good faith, we are happy to waive the balance of $balance that you were initially notified about and accept the corrected amount of $going forward We hope that the credit of $will help the initial adjustment when reverting back to the correct monthly rent amount to be withdrawn We apologize again for any misunderstanding and hope that we can improve your satisfaction with Mark-Taylor Residential and provide you an excellent living experience at Capital Place ApartmentsThank you for your residency

To whom it may
concern, 7/18/*** *** was a resident at Onnix from 8/1/through 9/11/He did not turn in his key, thereby returning possession of the apartment to our management staff on his committed date of August 31, The final charges to his account are for: Additional days of occupancyKey chargesUtilitiesCleaning Because we did not get possession of the apartment on the pre-established date of August 31, nor did we receive the keys, Mr***’s complaint is without meritThe documentation attached clearly outlines these charges and all of this information was provided to the residentWe did offer to reduce the total amount owed by 30% and have not received a response from Mr***At this point we are willing to reduce the charges by 50%Please let me know if you need anything additional from me Respectfully, Carolyn P*** Onnix Community Manager *** ###-###-####

Hi Marie, They are unwilling to consider verbal communication and not willing to make a concessionWith that said, we do not accept the same response as beforeWe appreciate the help of the Revdex.com but will continue to work on recovering damages.Thanks, ***

To whom it may concern, As verified with the leasing office, keys were not surrenderedThe charge would be reversed if *** *** was able to supply us with proof of submissionAs stated in the latest response, and during previous conversations, *** *** lacks confirmationTo address the second concern, the final account statement itemizes all final charges, credits, and deposits. Per the lease, the deposit may be used to compensate the Landlord if the Resident does not uphold their contractual and statutory dutiesAs seen on the final account statement, the $key deposit helped offset the total charges of $to net the final balance of $The transaction does not prove that keys were surrendered. *** ***’s account has been in our possession for over days without paymentStandard protocol is to outsource all derelict accounts after daysWe have held onto this account, free of additional fees, with hope of an amicable conclusionThe good faith offer of 50% is our bestIf $is not received by October 14, 2016, we will be forced to outsource the account to a 3rd party collection agencyPlease let me know if you need anything additional from me Sincerely, Dan R***Director of Collections

To whom it may
concern, 5/2/16Zahn Li was a resident at San M*** from July through December When he put his deposit down on his apartment, he signed an agreement, which outlined the cost that he would pay each monthOur online system itemizes each separate charge, and this includes the utility chargeThe final utility charge of $is for utilities from November 15, through December 15, 2015, and a prorated amount through December 26, This has always been paid in addition to the rent, so this complaint is a surprise, and without meritThe documentation attached clearly outlines these charges and all of this information was provided to the residentPlease let me know if you need anything additional from me Respectfully,Jessie G***San M*** Community Manager***@mark-taylor.com###-###-####

To Whom it May Concern,Thank you for providing information about your experience. Before a formal response can be submitted we need to know which apartment community this is regarding. Please provide the name and the address.Thank you,*** *** ***Executive Assistant

To Whom It May Concern: The Consumer currently resides at our community.  Our consumer moved into an apartment in February of 2015.  In June of 2015, our consumer contacted the Leasing Office demanding a transfer because she was told by a neighbor that a previous Resident had passed...

away inside the apartment.  The Leasing Consultant explained that the lease contract offered a transfer with a 30 day notice and payment of a $500 transfer fee.  The Leasing Consultant understood that the consumer was upset and escalated her concerns to me (Community Manager).  I contacted the Consumer and explained that many people pass away inside their homes and since it’s a privacy matter, we don’t openly disclose these events.  I explained that the neighbor was correct that someone had passed away but that the neighbor had provided her with some incorrect information based on her own assumptions. In addition, the apartment was re-occupied for several months before our Consumer moved in.  However, since our Consumer was concerned, I promptly approved the transfer,  waived the 30 day notice, waived the transfer fee and allowed the consumer to choose a new apartment.   Our Consumer is correct that her water usage bill was being estimated at 2300 gallons per month.  When the Consumer brought this to my attention, I explained that we use a 3rd party billing company for water billing.  The water meters have a transmitter that sends data from the meter to the billing company.  Recently, the billing company  noticed that several water transmitters were not sending this data.  The billing company was responsible for notifying the Residents that the transmitter was not sending data and that their billing was being changed from actual usage to estimated usage (permitted by the lease).  I offered to review the Consumer’s actual usage history in her new apartment.  Once the actual usage data was provided, we would be able to determine if she would be due any credits.  Our Consumer was aware that we needed to wait a full usage cycle before doing a comparison.  However, I am willing to offer a one- time credit to her account of $75 while we wait for the usage cycle to be completed.   Our Consumer is correct that fees were deducted from the refund check (as per the lease).  When our Consumer turned in keys to the apartment, there was a final water bill that had not been paid and was, therefore, deducted.   In addition, our Consumer was told that rent would be due on the new apartment when keys were picked up.  Since she didn’t want to put any new money down on the apartment until she received a refund for the old apartment, the Leasing Consultant told her she would hold her rent check.  However, a few days later the Consumer changed her move in date and had a conversation with the Assistant Manager who provided new amounts.  The Assistant Manager received authorization from the Consumer to cash the check.  We have apologized to the Consumer if there was any misunderstanding.  In addition, the Assistant Manager offered to have her refund check couriered to our office so she could pick it up in person which would have been much faster than waiting to have it mailed.  Our Consumer declined this offer and waited until the refund check was mailed.  Rent for August was late but we waived the late fees as a courtesy since the mail had not arrived by the due date.   I am not aware of any emails that have been ignored and I am happy to address any outstanding matters with her.  In addition, I am not aware of any additional fees that were assessed to her account.  We value her residency and want to assist her in any way we can.Best Regards,[redacted]Dakota Community Manager

[A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.
Thank you,
Jennifer V[redacted]

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

To whom it may concern,I do not accept this response even though the Mark-Taylor are now willing to reduce the charges by 50% because I cannot deny what I have already done. I have told Ms S[redacted], an agent of Mark-Taylor, my standpoint and defense when she were willing to give me a 30% reduction by email on June 28. I have argued for this final bill with Mark-Taylor for months, that is why I have to ask Revdex.com for the help.The reason why Mark-Taylor wanted to charge me totally $644.15 because they thought that I did not notified them and returned keys when I moved out. In Ms S[redacted]'s email, she told me that there was a notice that states "the resident has been absent from the Leased Premises without notice to the landlord".I want to declare again here that I definitely did return the keys and notify some agent in the leasing office when I moved out. I did sign in a form and return keys. I regret not to keep a copy of move-out form with me, or it could be an evidence to defend myself now. As a student, I cannot imagine this kind of thing may happen to me. So I have to defend myself here now.First, it does not make sense that someone moved out without notice to the landlord. Why did I want to do like that? If it was because I lost keys, I could replicate one in Lowe's; If I lost all keys, I just needed to tell the leasing office the truth and pay for key charges. I cannot believe that someone would do such stupid things, moving out without returning keys and notifying the office.Second, if we read this final billing statement, we can find that there is a $50 gym key deposit refund, which means that I have returned the gym key when I moved out. Is it possible that I returned the gym key but the leasing office did not know I moved out? Is it possible that I returned the gym key but did not return the room keys?So I think I only need to pay the water fee and cleaning fees.Thank you.[redacted]