The Michelson Organization

Final Consumer Response / [redacted] (2000, 7, 2016/02/02) */ I received a check from the Michelson OrganizationI consider this matter closedThank you for your service ***

Sir/Ma'am,I have attached a copy of the fire report for apartment *** which is the apartment that was occupied by *** *** and *** ***This report shows that the stove was left on and not faulty appliancesSince July 29, we have been working with Farmers insurance on getting the
residents taking care ofI received a call last week that the funds for the residents hotel were exhausted and that they were either going to stay with family or would like to transfer apartmentsI offered an apartment on the 3rd floor and the residents did not want to be on the 3rd floor.On 9/24/I spoke with Ms*** and told her that I had someone cancel and the apartment would not be available until Monday but it was a 2nd floor apartment, she stated that her household goods were going to be delivered on Friday the 26th around noon and she needed to be in an apartment by thenI told her that I would try my best to have that ready by Friday and if it was not completely ready that I would still need her to walk the apartment and I would be more than happy to let them deliver her goodsMs*** did walk the apartment and filled out a move in checklistWe have tried to accommodate the residents to the best of our ability, due to the delay of the rehab on their past unit and working with the insurance companyThe repairs that they are stating need to be done in their current apartment have been addressed and taken care ofThe only issue that we did not address is the ceiling fans, the apartment they are currently in does not have that feature

Mr*** contacted our office regarding his a/c last month. We promptly responded each timeWe changed the furnace filter and checked his Freon level which were reading correctly. They were still unhappy after a few calls with the third floor of their apartment not
cooling to their desired temperature especially when the outside temp reached over degreesHe stated the other floors were cooling somewhat but they don't use the lower level family room because it was storage. He purchased a window unit for the top floor. He again contacted our office and our Mt Supervisor did another check and Freon level were again correct. Our Mt Supervisor noted the air flow was not blowing as strong on the top floor so we agreed to replace his furnace. We also blew additional insulation in the attic to help. We checked on them several times the week after and his wife said everything was greatHe also asked for us to pay his utility bill and allow them out of their lease at any timeWe agreed to settle on an amount of $500 to cover partial electric expense, reimburse him for the window a/c unit and they could break the lease with no termination feeThe $payment was agreed to be taken off July rent. The credit was given to Mr***'s ledger as agreed. He pays his rent automatically through a website called PSN-Payment Service NetworkHe had forgotten to contact PSN to change his reoccurring payment amount so the full amount was taken from his account. He is now demanding we write him a check and I told him I would have to discuss with corporate but I didn't believe it would be a problem.Today Mr*** contacted us regarding a tree branch that fellI told him my grounds personnel had informed us but I didn't know who the vehicle belonged to until I received and email from him. We have filled out an accident report, took photos and sent to our headquarters. I had told him that a report is given to our insurance company and they would determine how to proceed from there. He demanded that this be taken care of now and if I could not take care of it, he would contact my bossHe then became extremely mad, told me I was to never contact or speak to him again and he hung up on me

Ms*** applied for an apartment on April 12, 2016, we held the apartment off market for them until they canceled on April 18, It is on the application which she signed that cacneling after hours they would not receive a refundWe have spoken with them and explained that the application
signed stated cancellations after hours would not be refunded

Initial Business Response /* (1000, 7, 2016/01/27) */
Dear [redacted],
We apologize for any misunderstandings or confusion. When we spoke at the end December I was under the impression we discussed options for pro-rating the rent for December from the time frame in which the locks were change till...

the 31st of December. All residents are required to give and fulfill a full 60 days notice regardless of whether they move out early or not. Please call or stop by the leasing office if you have any questions in regards to this matter so we are able to come to a conclusion on this.
Thank you and have a great day.
Sincerely,
Walden Glen Management

To whom it may concern:Check number [redacted] was cut to Ms [redacted] on May 23, 2016 in the amount of $300.  It cleared our bank account on May 31, 2016.  Please feel free to contact me with any future questions or concerns and best wishes![redacted] [redacted]Property ManagerCarrington...

Park Apartments[redacted]

Initial Business Response /* (1000, 5, 2015/07/10) */
Contact Name and Title: [redacted] P. [redacted]
Contact Phone: XXXXXXXXXX
Contact Email: [redacted]@michelsonrealty.com
"The Customer" moved into our apartment community in January 2015. The specific dates of the lease agreement are documented as...

January 23, 2015 to July 31, 2015. Prior to living at our community, "The Customer" had resided at another apartment community in Frisco, TX that is under the same management company as Bella Vista Texas Apartments LLC. The property in Frisco, TX, The Vineyards, would be considered a "sister" property to our community. Per our company guidelines, if a resident at any one of our communities needs to terminate a lease agreement, lease break fees can be avoided if the resident moves into (or transfers to) a "sister" property anywhere in the country. (For the most part, these types of situation are caused by job transfers but by no means is exclusive to such an event.) "The Customer" had utilized this option when moving from Frisco to Fort Worth, and was attempting to facilitate something similar upon a move to Houston.
First and foremost, our organization does not have any affiliation with an apartment community by the name of Mason Creek Apartments. We do, however, have a management interest in an apartment community operating under the name of Mason Park Apartments in Katy, TX. I will assume Mason Park Apartments is the "sister" property in question and is the apartment community in Katy, TX "The Customer" is referring to.
Per a signed Notice to Vacate Form, "The Customer" came into our leasing office on April 5, 2015, confirming in writing that she would like to terminate her lease agreement early, as she would be moving to Houston in June of 2015. Regardless of whether any resident desires to fulfill their lease agreement, per the lease document approved by the Texas Apartment Association, a 60-day notice to vacate the apartment is required. "The Customer" acknowledged per a signature, that the last day of occupancy in the apartment would be June 6, 2015. Given that the resident initially indicated to our management team that she would be transferring to Mason Park, one of our "sister" properties, early lease termination fees would not be applicable. "The Customer" was accordingly put on notice to move-out in our computer system. This was the last correspondence with "The Customer" until the beginning of May 2015.
Typically, when a resident is transferring from property to property, there is some type of correspondence between the two managers about length of tenancy, payment history, background and credit information, and deposit status. As of May 1, 2015, I had no indication that "The Customer" had applied for and/or put down a deposit at Mason Park Apartments in Katy, TX. If "The Customer" still intended to move-out of her apartment on June 6, 2015 (thus ending her lease term early) she would be responsible for all appropriate termination fees according to the lease document if she was not going to be moving to one of our "sister" properties.
Within the next few weeks, I still had not had any correspondence with the staff at Mason Park Apartments about "The Customer's" transfer. In an effort to gain a better understanding of the transfer status, I placed a phone call to the Manager at Mason Park Apartments to inquire about "The Customer's" status. The Manager at Mason Park Apartments indicated during the phone conversation that they had received no information from "The Customer" in reference to renting an apartment and only acknowledged that she had called once or twice. During the same phone conversation, the Manager of Mason Park Apartments asked about "The Customer's" payment history and resident status.
At the time of the phone conversation with the Manager of Mason Park Apartments, I had recently filed an eviction on "The Customer" because she had not paid her rent amount for the month of May 2015. I did not go out of my way to mention this to the Manager of Mason Park Apartments, however, when I was asked about "The Customer's" payment history, I answered honestly and told the Manager of Mason Park Apartments about the recently filed eviction. My sole purpose of the initial phone call was to obtain a status update about the transfer. In no way did I contact Mason Park Apartments to sabotage "The Customer's" ability to transfer.
As "The Customer" stated in her initial statement, she did have correspondence with another staff member at Bella Vista Apartment Homes about not being able to pay her rent. The resident had explained to the Bella Vista Staff member that she would be requesting a donation from a local church in order to help her pay rent for the month of May 2015. This required our organization to fill out a W-9 form to validate the legitimacy of our business in order for the charitable organization to consider making the payment. At this point in time, there was no guarantee that we would be receiving any funds from "The Customer" or the charitable organization. We did, in fact, send the W-9 via fax multiple times to the number we were provided by "The Customer", however, there seemed to be some confusion between all parties as to whom it needed to go to, as it took several attempts.
Even though "The Customer" did speak with a member of the Bella Vista Staff about her rental payment for the month of May 2015 being late, the staff member in no way indicated that we would be waiving late fees or the eviction filing. Per the lease document, rent is due by the third of the month. There is a late fee of $50 on the 4th and an additional $10 per day is charged until rental payment is received in full. If we have not received rent payments by the 10th of the month, an eviction is filed.
The above protocol is typical for all residents. Even if a resident makes us aware in advance that their rent amount will be late for any given month, late fees will accumulate and an eviction will be filed simply to serve as collateral in the event a resident does not end up executing their commitment. Upon receiving full payment of late rent, if an eviction has been filed, it is inadvertently canceled.
Upon finally receiving a pledge from the charitable organization "The Customer" was working with, a cancellation notice was sent to the courthouse on behalf of "The Customer" and the eviction was no longer applicable. We received the check from the charitable organization on May 29, 2015.
On June 1, 2015, "The Customer" made an online payment in the amount of $1,160 for the rent due June 2015. Shortly after, we received a notice from our banking institution that the payment made by "The Customer" was rejected due to Nonsufficient Funds in the account. We ultimately received payment in full from "The Customer" on June 9, 2015, which included an additional $50 as an "NSF Fee" per the lease document.
Failure to pay rent on or before the 3rd of the month is a direct violation of the TAA lease document, as per Page 1, Paragraph 6 (Rent and Charges).
Also, according to the lease document, it is our option as the landlord to exercise our right to not renew a residents lease document at the end of any given lease term. On June 16, 2015 we decided to utilize our option to non-renew "The Customer's" lease document, and provided her proper notice (45 days) via a typed letter on this same date.
We have complied with all of "The Customer's" requests in terms of obtaining proper documentation for the eviction cancellation and sending it to various other apartment communities "The Customer" is applying to live. By no means is this situation a personal attack or "retaliation" against "The Customer". We are simply exercising our right via the lease document to terminate the lease

Final Consumer Response /* (2000, 7, 2016/02/02) */
I received a check from the Michelson Organization. I consider this matter closed. Thank you for your service.
[redacted]