We have received your notice addressed to [redacted] of Toonen Properties in regard to *** [redacted] complaint which you have assigned an ID of [redacted] I have discussed the circumstances of the situation with our on-site property manager, [redacted] Below is our response If you need additional information or supporting documentation, please let me know and I would be happy to provide them to you This tenant signed a lease with us starting 6/13/and renewed for another year as of 7/1/making his lease obligation end date6/30/ When he first applied for his apartment, he asked about our job transfer clause before signing his lease He was told that the way it works is that if his current employer would transfer his employment to another location that was beyond miles from his apartment, he could terminate his lease with a proper day written notice and proof of employment transfer He was further told that he must provide written proof from his employer verifying the location and date of the employment transfer The clause was added to the special conditions section of his lease We were contacted by the tenant during the week of 12/15/prior to receiving his day written notice, asking about the job transfer clause and if it was still valid He was initially told that it was still valid but that we just needed proof of the transfer from his current employer He responded that he was actually taking up a new job in Texas, not transferring from his existing job in Appleton It was explained again to him that the clause clearly states it must be a transfer and taking up a new job was voluntary so it would not qualify as a transfer and his lease obligation would end once the apartment was re-rented, or 6/30/15, whichever came first as per Wisconsin law He provided a copy of his employment offer letter with his Notice to Vacate which clearly states he is a new hire, not a transferring employee He also signed a lease break agreement form dated 12/19/which clearly states that he is under lease until his apartment is re-rented All three of these documents were sent by him via registered mail on the 12-24-and received by us on the 12-29- We immediately placed advertising to market the apartment for rental to mitigate his damages We received a letter from the tenant on 1/15/disputing our handling of the matter, stating he will not pay rent beyond February 2015, and threatening to take legal action We again explained to him the difference between a job transfer and a voluntary decision to terminate one job and accept another and assured him that we are doing everything we can to re-rent his apartment to mitigate his damages He vacated on 1/22/and the apartment was immediately worked on to make it ready to show to new potential renters The apartment was successfully re-rented as of 3/28/ending this tenant’s lease obligation on 3/27/ The security deposit was calculated and processed within the required days of the lease obligation end date, and on 4/9/the check was mailed to the address provided to us on the tenant's Notice to Vacate form The security deposit did have a deduction for prorated March rent in the amount of $675, unpaid utilities of $74.95, and a minimal charge of $for missing batteries and knobs for the fireplace and laundry, leaving a refund amount of $ On 4/23/we received an email from the tenant saying he filed a complaint with the Revdex.com and followed up with a phone call to our leasing office While verifying the details of the refund in that phone call, we were told that the address he had provided to us on his Notice to Vacate was incorrect and he gave us a new address to mail his refund to We immediately stopped payment on the first check and reissued a replacement check As far as we are concerned, we followed the agreement and laws correctly, and this tenant is trying to use bullying tactics to get what he wants We have used the same language in our lease agreements in regard to the job transfer clause for over a decade with hundreds of residents and nobody has ever had difficulties with interpreting it in the past In an effort to be fair to all of our customers, our policies and agreements are strictly and consistently enforced for all and we cannot make an exception for one person without it being unfair to others that find themselves in a similar situation Thank you for your time Sincerely, [redacted] Regional Manager Vice President, Property Management
Mr [redacted] has reiterated his original concerns in the attached response to our statement below We would be happy to open up his account again to recalculate his refund if he provides us with the proper paperwork as outlined in his lease As he has confirmed as well, at the time he gave us his day notice, he was required to provide to us written proof from his employer verifying the location and date of his employment transfer We did not receive that, what we have received is an offer letter for new employment out of state with a new employer Due to Wisconsin Fair Housing Rules and Regulations, and under the advice of our attorney, we must follow the law and treat everyone equally and fairly by enforcing our policies consistently between all tenants so we must enforce his lease as it was written in the same manner that we have for hundreds of tenants that have had this same lease clause The deposit of $equal to one month of rent plus $key card deposit was applied toward $of March prorated rent, unpaid water bill of $and the miscellaneous maintenance charges of $ We refunded to him $as outlined below The amount that is being disputed is $of prorated March rent less $already refunded to him, equaling $641.45, not the $that he is stating in his response Again, we would be happy to issue him an additional refund for $if he can provide us with a verifiable letter from his employer while he was living on our property that clearly states his employment here was transferred to a location beyond miles from his residence on our property Security Deposit $Key Card Deposit $ Total Deposit $ Deductions: Prorate March Rent -$Unpaid Water Bill -$ Maintenance Items -$ Total Deductions -$ Amount Refunded $ Thank you for your time, [redacted] Toonen Properties 920-406-x
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below I am not satisfied with the response by Ms*** [redacted] The response is deceptive and gives the impression that the job transfer clause was clearly explained before I signed my lease and paid the full month's deposit Even if the clause was verbally explain in the manner communicated by Ms [redacted] the written contract does not explain the job transfer clause using the same language The job transfer clause states: "Tenant may terminate lease with proper day written notice and proof of employment transfer beyond miles from residence Tenant must fulfill a minimum of six month's residency to be eligible, along with providing written proof from employer verifying the location and date of employment transfer Full deposit is required." The contract does not restrict "employment transfer" to a specific employer (i.ecurrent or future) One could reasonably interpret "employment transfer" as a work-related move What if I changed employers during my lease term, worked in Appleton for a few months and then was transferred? Would my decision to change employers make the job transfer clause invalid or would I have been able to break my lease? At the end of the day, what difference does it make? It is a work related move just the sameMy dispute with Toonen Companies is not resolved Therefore, I want my full deposits ($total = $security deposit + $Pass Point card) back minus reasonable deductions ($total = $for final water bill + $for miscellaneous charges + $previously returned) The total amount owed back to me is $ I also want the language in the Toonen Companies, IncStandard Lease to be updated to explicitly communicate what they say the job transfer clause means if it is truly applicable ONLY to a job transfer with a specific employer or under certain conditions This would prevent future tenants from being mistreated and take advantage as I have beenRespectfully, [redacted]
We have received your notice addressed to [redacted] of Toonen Properties in regard to [redacted]...
[redacted] complaint which you have assigned an ID of[redacted]. I have discussed the circumstances of the situation with our on-site property manager, [redacted]. Below is our response. If you need additional information or supporting documentation, please let me know and I would be happy to provide them to you.
This tenant signed a lease with us starting 6/13/13 and renewed for another year as of 7/1/14 making his lease obligation end date6/30/15. When he first applied for his apartment, he asked about our job transfer clause before signing his lease. He was told that the way it works is that if his current employer would transfer his employment to another location that was beyond 40 miles from his apartment, he could terminate his lease with a proper 60 day written notice and proof of employment transfer. He was further told that he must provide written proof from his employer verifying the location and date of the employment transfer. The clause was added to the special conditions section of his lease.
We were contacted by the tenant during the week of 12/15/2014 prior to receiving his 60 day written notice, asking about the job transfer clause and if it was still valid. He was initially told that it was still valid but that we just needed proof of the transfer from his current employer. He responded that he was actually taking up a new job in Texas, not transferring from his existing job in Appleton. It was explained again to him that the clause clearly states it must be a transfer and taking up a new job was voluntary so it would not qualify as a transfer and his lease obligation would end once the apartment was re-rented, or 6/30/15, whichever came first as per Wisconsin law. He provided a copy of his employment offer letter with his Notice to Vacate which clearly states he is a new hire, not a transferring employee. He also signed a lease break agreement form dated 12/19/14 which clearly states that he is under lease until his apartment is re-rented. All three of these documents were sent by him via registered mail on the 12-24-14 and received by us on the 12-29-2014. We immediately placed advertising to market the apartment for rental to mitigate his damages.
We received a letter from the tenant on 1/15/15 disputing our handling of the matter, stating he will not pay rent beyond February 2015, and threatening to take legal action. We again explained to him the difference between a job transfer and a voluntary decision to terminate one job and accept another and assured him that we are doing everything we can to re-rent his apartment to mitigate his damages. He vacated on 1/22/15 and the apartment was immediately worked on to make it ready to show to new potential renters.
The apartment was successfully re-rented as of 3/28/15 ending this tenant’s lease obligation on 3/27/15. The security deposit was calculated and processed within the required 21 days of the lease obligation end date, and on 4/9/15 the check was mailed to the address provided to us on the tenant's Notice to Vacate form. The security deposit did have a deduction for prorated March rent in the amount of $675, unpaid utilities of $74.95, and a minimal charge of $6.50 for missing batteries and knobs for the fireplace and laundry, leaving a refund amount of $33.55. On 4/23/15 we received an email from the tenant saying he filed a complaint with the Revdex.com and followed up with a phone call to our leasing office. While verifying the details of the refund in that phone call, we were told that the address he had provided to us on his Notice to Vacate was incorrect and he gave us a new address to mail his refund to. We immediately stopped payment on the first check and reissued a replacement check.
As far as we are concerned, we followed the agreement and laws correctly, and this tenant is trying to use bullying tactics to get what he wants. We have used the same language in our lease agreements in regard to the job transfer clause for over a decade with hundreds of residents and nobody has ever had difficulties with interpreting it in the past. In an effort to be fair to all of our customers, our policies and agreements are strictly and consistently enforced for all and we cannot make an exception for one person without it being unfair to others that find themselves in a similar situation.
Mr. [redacted] has reiterated his original concerns in the attached response to our statement below. We would be happy to open up his account again to recalculate his refund if he provides us with the proper paperwork as outlined in his lease. As he has confirmed as well, at the time he gave us his 60 day notice, he was required to provide to us written proof from his employer verifying the location and date of his employment transfer. We did not receive that, what we have received is an offer letter for new employment out of state with a new employer. Due to Wisconsin Fair Housing Rules and Regulations, and under the advice of our attorney, we must follow the law and treat everyone equally and fairly by enforcing our policies consistently between all tenants so we must enforce his lease as it was written in the same manner that we have for hundreds of tenants that have had this same lease clause.
The deposit of $765 equal to one month of rent plus $25 key card deposit was applied toward $675 of March prorated rent, unpaid water bill of $74.95 and the miscellaneous maintenance charges of $6.50. We refunded to him $33.55 as outlined below. The amount that is being disputed is $675 of prorated March rent less $33.55 already refunded to him, equaling $641.45, not the $765 that he is stating in his response. Again, we would be happy to issue him an additional refund for $641.45 if he can provide us with a verifiable letter from his employer while he was living on our property that clearly states his employment here was transferred to a location beyond 40 miles from his residence on our property.
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not satisfied with the response by Ms. [redacted]. The response is deceptive and gives the impression that the job transfer clause was clearly explained before I signed my lease and paid the full month's deposit. Even if the clause was verbally explain in the manner communicated by Ms. [redacted] the written contract does not explain the job transfer clause using the same language. The job transfer clause states:
"Tenant may terminate lease with proper 60 day written notice and proof of employment transfer beyond 40 miles from residence. Tenant must fulfill a minimum of six month's residency to be eligible, along with providing written proof from employer verifying the location and date of employment transfer. Full deposit is required."
The contract does not restrict "employment transfer" to a specific employer (i.e. current or future). One could reasonably interpret "employment transfer" as a work-related move. What if I changed employers during my lease term, worked in Appleton for a few months and then was transferred? Would my decision to change employers make the job transfer clause invalid or would I have been able to break my lease? At the end of the day, what difference does it make? It is a work related move just the same.
My dispute with Toonen Companies is not resolved. Therefore, I want my full deposits ($790 total = $765 security deposit + $25 Pass Point card) back minus reasonable deductions ($115 total = $74.95 for final water bill + $6.50 for miscellaneous charges + $33.55 previously returned). The total amount owed back to me is $765. I also want the language in the Toonen Companies, Inc. Standard Lease to be updated to explicitly communicate what they say the job transfer clause means if it is truly applicable ONLY to a job transfer with a specific employer or under certain conditions. This would prevent future tenants from being mistreated and take advantage as I have been.
Respectfully,
[redacted]
[redacted]
We have received your notice addressed to [redacted] of Toonen Properties in regard to *** [redacted] complaint which you have assigned an ID of [redacted] I have discussed the circumstances of the situation with our on-site property manager, [redacted] Below is our response If you need additional information or supporting documentation, please let me know and I would be happy to provide them to you This tenant signed a lease with us starting 6/13/and renewed for another year as of 7/1/making his lease obligation end date6/30/ When he first applied for his apartment, he asked about our job transfer clause before signing his lease He was told that the way it works is that if his current employer would transfer his employment to another location that was beyond miles from his apartment, he could terminate his lease with a proper day written notice and proof of employment transfer He was further told that he must provide written proof from his employer verifying the location and date of the employment transfer The clause was added to the special conditions section of his lease We were contacted by the tenant during the week of 12/15/prior to receiving his day written notice, asking about the job transfer clause and if it was still valid He was initially told that it was still valid but that we just needed proof of the transfer from his current employer He responded that he was actually taking up a new job in Texas, not transferring from his existing job in Appleton It was explained again to him that the clause clearly states it must be a transfer and taking up a new job was voluntary so it would not qualify as a transfer and his lease obligation would end once the apartment was re-rented, or 6/30/15, whichever came first as per Wisconsin law He provided a copy of his employment offer letter with his Notice to Vacate which clearly states he is a new hire, not a transferring employee He also signed a lease break agreement form dated 12/19/which clearly states that he is under lease until his apartment is re-rented All three of these documents were sent by him via registered mail on the 12-24-and received by us on the 12-29- We immediately placed advertising to market the apartment for rental to mitigate his damages We received a letter from the tenant on 1/15/disputing our handling of the matter, stating he will not pay rent beyond February 2015, and threatening to take legal action We again explained to him the difference between a job transfer and a voluntary decision to terminate one job and accept another and assured him that we are doing everything we can to re-rent his apartment to mitigate his damages He vacated on 1/22/and the apartment was immediately worked on to make it ready to show to new potential renters The apartment was successfully re-rented as of 3/28/ending this tenant’s lease obligation on 3/27/ The security deposit was calculated and processed within the required days of the lease obligation end date, and on 4/9/the check was mailed to the address provided to us on the tenant's Notice to Vacate form The security deposit did have a deduction for prorated March rent in the amount of $675, unpaid utilities of $74.95, and a minimal charge of $for missing batteries and knobs for the fireplace and laundry, leaving a refund amount of $ On 4/23/we received an email from the tenant saying he filed a complaint with the Revdex.com and followed up with a phone call to our leasing office While verifying the details of the refund in that phone call, we were told that the address he had provided to us on his Notice to Vacate was incorrect and he gave us a new address to mail his refund to We immediately stopped payment on the first check and reissued a replacement check As far as we are concerned, we followed the agreement and laws correctly, and this tenant is trying to use bullying tactics to get what he wants We have used the same language in our lease agreements in regard to the job transfer clause for over a decade with hundreds of residents and nobody has ever had difficulties with interpreting it in the past In an effort to be fair to all of our customers, our policies and agreements are strictly and consistently enforced for all and we cannot make an exception for one person without it being unfair to others that find themselves in a similar situation Thank you for your time Sincerely, [redacted] Regional Manager Vice President, Property Management
Mr [redacted] has reiterated his original concerns in the attached response to our statement below We would be happy to open up his account again to recalculate his refund if he provides us with the proper paperwork as outlined in his lease As he has confirmed as well, at the time he gave us his day notice, he was required to provide to us written proof from his employer verifying the location and date of his employment transfer We did not receive that, what we have received is an offer letter for new employment out of state with a new employer Due to Wisconsin Fair Housing Rules and Regulations, and under the advice of our attorney, we must follow the law and treat everyone equally and fairly by enforcing our policies consistently between all tenants so we must enforce his lease as it was written in the same manner that we have for hundreds of tenants that have had this same lease clause The deposit of $equal to one month of rent plus $key card deposit was applied toward $of March prorated rent, unpaid water bill of $and the miscellaneous maintenance charges of $ We refunded to him $as outlined below The amount that is being disputed is $of prorated March rent less $already refunded to him, equaling $641.45, not the $that he is stating in his response Again, we would be happy to issue him an additional refund for $if he can provide us with a verifiable letter from his employer while he was living on our property that clearly states his employment here was transferred to a location beyond miles from his residence on our property Security Deposit $Key Card Deposit $ Total Deposit $ Deductions: Prorate March Rent -$Unpaid Water Bill -$ Maintenance Items -$ Total Deductions -$ Amount Refunded $ Thank you for your time, [redacted] Toonen Properties 920-406-x
Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and have determined that this does not resolve my complaint For your reference, details of the offer I reviewed appear below I am not satisfied with the response by Ms*** [redacted] The response is deceptive and gives the impression that the job transfer clause was clearly explained before I signed my lease and paid the full month's deposit Even if the clause was verbally explain in the manner communicated by Ms [redacted] the written contract does not explain the job transfer clause using the same language The job transfer clause states: "Tenant may terminate lease with proper day written notice and proof of employment transfer beyond miles from residence Tenant must fulfill a minimum of six month's residency to be eligible, along with providing written proof from employer verifying the location and date of employment transfer Full deposit is required." The contract does not restrict "employment transfer" to a specific employer (i.ecurrent or future) One could reasonably interpret "employment transfer" as a work-related move What if I changed employers during my lease term, worked in Appleton for a few months and then was transferred? Would my decision to change employers make the job transfer clause invalid or would I have been able to break my lease? At the end of the day, what difference does it make? It is a work related move just the sameMy dispute with Toonen Companies is not resolved Therefore, I want my full deposits ($total = $security deposit + $Pass Point card) back minus reasonable deductions ($total = $for final water bill + $for miscellaneous charges + $previously returned) The total amount owed back to me is $ I also want the language in the Toonen Companies, IncStandard Lease to be updated to explicitly communicate what they say the job transfer clause means if it is truly applicable ONLY to a job transfer with a specific employer or under certain conditions This would prevent future tenants from being mistreated and take advantage as I have beenRespectfully, [redacted]
We have received your notice addressed to [redacted] of Toonen Properties in regard to [redacted]...
[redacted] complaint which you have assigned an ID of[redacted]. I have discussed the circumstances of the situation with our on-site property manager, [redacted]. Below is our response. If you need additional information or supporting documentation, please let me know and I would be happy to provide them to you.
This tenant signed a lease with us starting 6/13/13 and renewed for another year as of 7/1/14 making his lease obligation end date6/30/15. When he first applied for his apartment, he asked about our job transfer clause before signing his lease. He was told that the way it works is that if his current employer would transfer his employment to another location that was beyond 40 miles from his apartment, he could terminate his lease with a proper 60 day written notice and proof of employment transfer. He was further told that he must provide written proof from his employer verifying the location and date of the employment transfer. The clause was added to the special conditions section of his lease.
We were contacted by the tenant during the week of 12/15/2014 prior to receiving his 60 day written notice, asking about the job transfer clause and if it was still valid. He was initially told that it was still valid but that we just needed proof of the transfer from his current employer. He responded that he was actually taking up a new job in Texas, not transferring from his existing job in Appleton. It was explained again to him that the clause clearly states it must be a transfer and taking up a new job was voluntary so it would not qualify as a transfer and his lease obligation would end once the apartment was re-rented, or 6/30/15, whichever came first as per Wisconsin law. He provided a copy of his employment offer letter with his Notice to Vacate which clearly states he is a new hire, not a transferring employee. He also signed a lease break agreement form dated 12/19/14 which clearly states that he is under lease until his apartment is re-rented. All three of these documents were sent by him via registered mail on the 12-24-14 and received by us on the 12-29-2014. We immediately placed advertising to market the apartment for rental to mitigate his damages.
We received a letter from the tenant on 1/15/15 disputing our handling of the matter, stating he will not pay rent beyond February 2015, and threatening to take legal action. We again explained to him the difference between a job transfer and a voluntary decision to terminate one job and accept another and assured him that we are doing everything we can to re-rent his apartment to mitigate his damages. He vacated on 1/22/15 and the apartment was immediately worked on to make it ready to show to new potential renters.
The apartment was successfully re-rented as of 3/28/15 ending this tenant’s lease obligation on 3/27/15. The security deposit was calculated and processed within the required 21 days of the lease obligation end date, and on 4/9/15 the check was mailed to the address provided to us on the tenant's Notice to Vacate form. The security deposit did have a deduction for prorated March rent in the amount of $675, unpaid utilities of $74.95, and a minimal charge of $6.50 for missing batteries and knobs for the fireplace and laundry, leaving a refund amount of $33.55. On 4/23/15 we received an email from the tenant saying he filed a complaint with the Revdex.com and followed up with a phone call to our leasing office. While verifying the details of the refund in that phone call, we were told that the address he had provided to us on his Notice to Vacate was incorrect and he gave us a new address to mail his refund to. We immediately stopped payment on the first check and reissued a replacement check.
As far as we are concerned, we followed the agreement and laws correctly, and this tenant is trying to use bullying tactics to get what he wants. We have used the same language in our lease agreements in regard to the job transfer clause for over a decade with hundreds of residents and nobody has ever had difficulties with interpreting it in the past. In an effort to be fair to all of our customers, our policies and agreements are strictly and consistently enforced for all and we cannot make an exception for one person without it being unfair to others that find themselves in a similar situation.
Thank you for your time.
Sincerely,
[redacted]
Regional Manager
Vice President, Property Management
Mr. [redacted] has reiterated his original concerns in the attached response to our statement below. We would be happy to open up his account again to recalculate his refund if he provides us with the proper paperwork as outlined in his lease. As he has confirmed as well, at the time he gave us his 60 day notice, he was required to provide to us written proof from his employer verifying the location and date of his employment transfer. We did not receive that, what we have received is an offer letter for new employment out of state with a new employer. Due to Wisconsin Fair Housing Rules and Regulations, and under the advice of our attorney, we must follow the law and treat everyone equally and fairly by enforcing our policies consistently between all tenants so we must enforce his lease as it was written in the same manner that we have for hundreds of tenants that have had this same lease clause.
The deposit of $765 equal to one month of rent plus $25 key card deposit was applied toward $675 of March prorated rent, unpaid water bill of $74.95 and the miscellaneous maintenance charges of $6.50. We refunded to him $33.55 as outlined below. The amount that is being disputed is $675 of prorated March rent less $33.55 already refunded to him, equaling $641.45, not the $765 that he is stating in his response. Again, we would be happy to issue him an additional refund for $641.45 if he can provide us with a verifiable letter from his employer while he was living on our property that clearly states his employment here was transferred to a location beyond 40 miles from his residence on our property.
Security Deposit $765.00
Key Card Deposit $ 25.00
Total Deposit $790.00
Deductions:
Prorate March Rent -$675.00
Unpaid Water Bill -$ 74.95
Maintenance Items -$ 6.50
Total Deductions -$756.45
Amount Refunded $ 33.55
Thank you for your time,
[redacted]
Toonen Properties
920-406-9300 x111
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not satisfied with the response by Ms. [redacted]. The response is deceptive and gives the impression that the job transfer clause was clearly explained before I signed my lease and paid the full month's deposit. Even if the clause was verbally explain in the manner communicated by Ms. [redacted] the written contract does not explain the job transfer clause using the same language. The job transfer clause states:
"Tenant may terminate lease with proper 60 day written notice and proof of employment transfer beyond 40 miles from residence. Tenant must fulfill a minimum of six month's residency to be eligible, along with providing written proof from employer verifying the location and date of employment transfer. Full deposit is required."
The contract does not restrict "employment transfer" to a specific employer (i.e. current or future). One could reasonably interpret "employment transfer" as a work-related move. What if I changed employers during my lease term, worked in Appleton for a few months and then was transferred? Would my decision to change employers make the job transfer clause invalid or would I have been able to break my lease? At the end of the day, what difference does it make? It is a work related move just the same.
My dispute with Toonen Companies is not resolved. Therefore, I want my full deposits ($790 total = $765 security deposit + $25 Pass Point card) back minus reasonable deductions ($115 total = $74.95 for final water bill + $6.50 for miscellaneous charges + $33.55 previously returned). The total amount owed back to me is $765. I also want the language in the Toonen Companies, Inc. Standard Lease to be updated to explicitly communicate what they say the job transfer clause means if it is truly applicable ONLY to a job transfer with a specific employer or under certain conditions. This would prevent future tenants from being mistreated and take advantage as I have been.
Respectfully,
[redacted]
[redacted]