Simpson Property Group, LP

Again, we'd like to apologize to Mr. [redacted] for any inconvenience. However, after further discussing this with management, we feel that we’ve made several honest attempts to resolve this issue but unfortunately, they do not seem to be satisfactory to the resident. We offered to let this resident out of his lease and have also offered to transfer this resident, which, at this point, we feel are the best options to resolve this issue. However, the resident has declined both offers. If the resident would like clarification on either of these offers, we'd be happy to further discuss them with him.

The records indicate that the Complainant moved out of the residence on July 31, while under previous management.  The deposit acquisition was not completed prior to the new management (Simpson) taking over the property.  When new management was made aware of the discrepancy the...

deposit acquisition was processed and a check was mailed out on August 30th.  Unfortunately the check as mailed to the sender was returned to corporate.  Accounting made the Community Manager aware of the check having been returned and it was mailed to the Community Manager immediately at which point she (CM) put it back in the mail to the Complainant.    During this time, there was communication via email between the Complainant and manager(s) concerning the deductions that may be taken from the deposit.  An itemized statement-screen shot of the final bill was sent to the Complainant and that the refund was sent out again.  CM advised the Complainant again on the 26th of September that the check had been resent out on Wednesday the 21st based on the address provided by the Complainant.

Complaint: [redacted]
I am rejecting this response because:State of Texas...

Law:Deductions From the DepositIf the landlord makes any deductions from the deposit, a written, itemized accounting of how much is being charged for each item must be sent to the tenant. If the landlord fails to provide such an accounting within 30 days after the tenant moves out, the landlord may forfeit the right to withhold any part of the deposit. Furthermore, the deductions taken from the deposit must be for actual damages suffered by the landlord. We are nearly 60 days post move-out. I just received notice and unlawful subtractions from amount due. Escalating to small claims court, rejecting their offer and wish to bring this to the highest officer of Simpson Property.
Sincerely,
[redacted]

Ms. [redacted] was an Affordable Housing applicant. While we are sorry that she isn't satisfied with her experience at our community, ultimately, she wasn’t approved for the unit because she was deemed over-income. Those findings came from Internal Audit, as with any applicant. It is true that there...

were some technical difficulties in screening her application which delayed the process and caused some frustration, but that was due to an issue with the 3rd-party we use to screen applicants.  It is also true that Ms. [redacted]'s credit/background screening was initially “Approved”, but that’s just one piece of our approval process for Affordable Housing, as her income was still thoroughly being reviewed. Furthermore, an Offer to Rent or a welcome e-mail was never sent by our staff inviting her to provide notice to her current residence and move in to our community. Again, we apologize if there was a misunderstanding and we're sorry if Ms. [redacted] was upset that she didn't meet the requirements, however, we followed standard procedures for this applicant.

Simpson Property Group, L.P. is in receipt of Ms. [redacted]’s complaint and offers the following response.  Ms. [redacted] moved into [redacted] at [redacted] in May of 2015.  Since that time, Ms. [redacted] has had numerous complaints of noise from all neighbors surrounding her.  As...

with all residents at the property, we look into all complaints we are notified of.  Each time Ms. [redacted] has notified us of a noise complaint, we have investigated and handled it in a professional way and have always followed up with her regarding our findings.  We have reminded Ms. [redacted] of provision 18(b) of her lease that is titled “No Duty to Provide Noise-Free Environment: Inherent Part of Multifamily Living”.  We have also offered to let Ms. [redacted] out of her lease without penalty if she is unhappy at [redacted] at [redacted].  At this time that offer is still available; however, we will be unable to offer her any monetary payment at this time.

The resident signed a National Apartment Association lease agreement for [redacted] at Studio LoHi for the term of 8/24/15-8/23/16.  The lease includes a “Lease Contract Buy Out Agreement” that outlines that the resident has the option to buy out of their lease by providing a written...

60 day notice to vacate and by paying a “buy out” fee of $2,790, instead of fulfilling the full term of the lease through 8/23/16.  The Buy Out addendum they signed also states that the buy-out fee is due and payable no later than 60 days after giving us her buy out notice.  The addendum serves as her notice of monies due. The resident elected to exercise the option to break their lease and they provided a written 60 day notice to vacate on 12/17/15, to vacate by 2/15/16.  They turned in keys on 2/15/16.  When they turned in keys the office reminded them that the lease buy out fee is due with the keys and the resident shrugged their shoulders, didn’t say anything and walked out of the office.  The resident has made no attempt to pay the amount due. Additionally, the resident emailed the Studio LoHi leasing office on 2/5/16 acknowledging the lease break fee due and questioning if it was rent or a fee.  The leasing office responded with the following email reply on the same day, 2/5/16:  “In your lease you signed the “Lease Contract Buy Out Agreement”, which outlines that you have the opportunity to provide a 60 day written notice (this was done) of buy-out plus pay a buy-out fee of $2,790.  The buyout fee is not rent, it’s a fee that you agree to pay, in order to not have to pay rent for the remainder of the lease term.  The buyout fee will need to be paid in full no later than 60 days after we received your buy-out notice.  There won’t be an opportunity to waive this fee as you are responsible for it in its entirety, as agreed to on the lease.” Although the lease agreement doesn’t require us to, Simpson traditionally mails out an itemized final account statement to the resident after move-out, as a follow up.  The Studio LoHi leasing office learned that the resident didn’t receive that, once the resident shared that with our office on 4/9/16, we gave her the number to the collection agency.  Although the resident communicated with our office about their balance due, they still have neglected to pay it.  Only current residents have online access to pay Studio LoHi electronically, so the resident's online account is no longer available. Due to not receiving the payment due, the leasing office followed procedure and turned the amount due over to the collections department.  This was done on 3/21/16, which gave the resident plenty of time to clear up the balance due with our office directly, prior to being sent to collections. Tell us why here...

We have revised the amount that the resident owes to $1,122.93. The update statement of deposit is attached. The community has communicated the revised to collection company. [redacted]

The Complainant has voiced his concerns and complaints with the Community Manager of TwentyOne01 and Senior Regional VP as it relates to the new neighbors in person, via telephone and email.  Emails, face-to-face and telephone calls have been addressed by the Community...

Manager and Regional VP.  Although the Complainant states that the Management Office has refused to take action he has been made aware, by both the Manager and Regional VP, that there are guidelines and processes of the Community/Company as it pertains to the eviction of any tenant/resident regardless of the situation.  Further, it is not a requirement of the Community to hire onsite security based on the violation of the Denver Noise Ordinance, although that is a request of the Complainant.  The Community Manager and Regional VP have expressed their understanding of the Complainants concerns and are working to remedy the situation.

Tell us why here... Studio LoHi is acting within the terms of our signed and executed contract with [redacted] executed a 3 month lease with the ability to renewal at the new market terms or submit his notice to vacate. A month to month term is always at a premium due to the ability to...

enter the notice to vacate at any time. This is a standard practice throughout the apartment industry and we have no reason to alter this practice. A higher month to month rate encourages a resident to sign a termed renewal lease, which gives the company a better idea of when the apartment may become available in the future. The new lease rates are not less than a renewal. The pricing [redacted] is referring to is not for a month to month or short term lease. Documentation was provided to [redacted] to show he is not being offered at a higher rate than a new resident with the same lease term. We do not allow new residents to start with a month to month lease, therefore we do not have an equitable rate to compare, but the 2 month rate we have offered is at a comparable rate to [redacted]’s offer.  Based on the information we have and our signed lease contract, we have provided [redacted] a compromise to his concern. Studio LoHi has been in direct communication with [redacted] and are awaiting his response. We have also let him know we would be happy to review any other documentation he has that may alter our stance or is contrary to our current position.  We recognize [redacted] feels he was part of a bait and switch, but [redacted] is free to submit his notice to vacate which will satisfy his current lease contract and does not have to agree to the offered terms of the lease renewal by executing a new lease with Studio LoHi. It is within [redacted]’s discretion whether or not he agrees to our terms.

Complaint: [redacted]
I am rejecting this response because: the business has failed to respond to all elements of the desired response, including the duty to respond to and investigate calls, as set forth in the leasing agreement, which clearly stipulates community quiet hours.The business has also failed to uphold its original resolution, put forth by property manager, [redacted], to repair weakened floor boards.
Sincerely,
[redacted]

Complaint: [redacted]
I am rejecting this response because:  It was never communicated to us we would be responsible for payment of the [redacted].  If it had been I would have asked for references and checked them out with the Revdex.com.  [redacted] in conjunction with [redacted] did AN AWFUL JOB and did not eradicate the problem.  So my only avenue will be to sue both businesses in small claims court which I intend to do.
Sincerely,
[redacted]