Sharp Homes, LC

Initial Business Response /* (1000, 5, 2015/07/29) */
Killam was notified by the complainant on ***th that he would no longer be taking the unit he reserved and would therefore not be living up to the contractual agreementThe complainant was made aware of the fact that the contract, in which
he signed, stated that we have the right to retain his deposit in full should he not fulfill his commitment to rent from us for the one year he agreed toGiven the circumstances, Killam decided not to hold him to this and kindly agreed to return to him his deposit of $*** minus an administration fee of $***This was communicated to the complainant and he agreedKillam issued a cheque in the amount of $*** on ***th and mailed it to the complainant; however, it was later discovered by our office that that cheque was dated for *** and not ***A stop payment was put on that cheque and a new cheque was issued on ***th and again mailed to the complainant, this time via priority post mailThe complainant cashed the cheque on ***nd
Killam communicated with the complainant to the best of our ability throughout the entire process and kept him informed of each step that was taking placeIn fact, we were under the impressed that the complainant was satisfied with our actionsAlthough, it was unfortunate that his funds were delayed to an administrative error, we feel that this incident was dealt with in a fair mannerThank-you
Initial Consumer Rebuttal /* (3000, 7, 2015/07/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The response from Killam is misleadingIn ***, I was hesitant to take on the risk of signing a year lease ***The lease had a reassignment provision, exacting a $*** reassignment feeKillam was able to rent the apartment and derive revenue ***, while depriving me of interest on the deposit they agreed to returnI repeatedly contacted their rep, who was slow to reply and made promises to follow up in a few days that were never kept, a stalling tacticThe checque Killam claims to have mailed on ***th never arrived as of *** at the same address I received the $*** cheque from them at, so if they're honest, *** lost it or they addressed the envelope wrongImportantly, if they couldn't find a replacement tenant for reassignment I was willing to adhere to the contract, take the lease, and have it reassigned ASAP once they found another tenant ***I made that clear*** Thus, I was deprived of both the apartment and the deposit (+cost of capital) while they profited and wasted substantial time on my part playing games evidently hoping I'd give up and let them keep the deposit they agreed to return
I'm still dissatisfied because after going through such a hassle to finally receive the deposit they agreed on email to return less the $*** administrative fee after their "administrative error" etc*** they should waive the $*** fee and reimburse me that too, simply returning the entire $*** deposit*** The administrative service was so poor I should not be charged
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Final Business Response /* (4000, 9, 2015/08/10) */
In our opinion this matter is closedKillam operated within the guidelines of the Tenancy Act of ***The complainant was made fully aware of Killam's policy and both parties agreed to in wiring that the deposit of $*** minus an administration fee of $*** would be returned, which it wasSee attached email correspondence as proof
Final Consumer Response /* (4200, 12, 2015/08/12) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No deadline was stipulated in the original written agreement***
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