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West Wind Apartments

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Reviews Apartments, Rentals by Owner West Wind Apartments

West Wind Apartments Reviews (2)

Initial Business Response /* (1000, 6, 2015/09/01) */
Contact Name and Title: Tom ***/Property Manag
Contact Phone: XXX-XXX-XXXX
Contact Email: ***@edwardrose.com
They have been notified an apartment is available and are waiting for them to give us their desired move in
date
OFFER:
Initial Consumer Rebuttal /* (2000, 8, 2015/09/01) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Review: I rented this apartment for over a year. My deposit was $425. When they returned it, they only gave me $207.50 back. The deductions included $25 for "Install new mini blind in kitchen". There was never a mini blind or even a screen in the kitchen window. Mr [redacted] said he'd get me one and never did,so I had to buy curtains and could never open the kitchen window. He also deducted $50 for "cleaning oven/refrigerator". I cleaned everything and took pictures of the clean refrigerator when I moved out, not to mention I found dog food from the previous tenant in the bottom oven drawer when I moved in. Another deduction was "repair 10 nail holes in walls @5 per hole". I took pictures when I moved in and they will show the walls were riddled with nail holes and bad patchwork. There were even pictures still hanging in the bathroom when I moved in. I did not cause any of these holes. Even when something was broken and I reported it, he would not get it fixed. He left me with a broken toilet and a flooded bathroom for a week. I have videos of that and also videos of it raining into my light sockets. Water and electricity are not a safe combination. I lived in fear of the apartment catching on fire or him trying to violently break into my house again in violation of 55-248.18 of the Virginia landlord tenant act. I did not consent to him trying to beat down my door, nor did he contact me to let me know there was a problem beforehand. He claims he had the wrong number, but he did have my email address and didnt bother to use it to inform me there was a problem. According to my bank, my rent was paid. If I had been informed in a sane and reasonable way, I would have promptly taken care of any problems rather than living in fear every day.Desired Settlement: I want my $425 deposit back. I have changed PO boxes to my new location and can be reached at [redacted]. I'd like to keep this out of the court system because it would take too long, but will do so if I don't get the appropriate amount back.

Business

Response:

I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

He did not offer any action, the attachment was just a copy of the letter I was complaining about. I have sent the following via certified mail on 09/29:

"RE:

Deposit refunds

I

received your partial deposit return check of 207.50 on 09/16/14 and responded

to about the missing portion via text. I have yet to receive a response.

Your

deductions are unacceptable for the following reasons:

"Cleaning

oven/Refrigerator including supplies: $50.00"

The

kitchen was left clean and I took pictures after I finished washing out the

refrigerator drawers. I also left the stove cleaner that was there when I moved

in for you, this is not only a false charge but an exorbitant amount. I also

had to clean up the previous tenant's dog food from the bottom of the oven when

I moved in.

"

Install new mini blind in kitchen incl supplies: $25.00"

There

was not a blind in the kitchen window when I moved in, and it is not my

responsibility to pay so the next tenant can have one. I had to buy curtains

and put them up myself. You said you

would get me a screen and a blind for that window, but neither happened.

"Repair

10 nail holes in walls @ 5 per hole $50.00"

The

walls were unpainted and riddled with holes and patchy coverings when I moved

in. Again, I have pictures of the pictures that were left hanging from the

previous tenant. Remember showing me the apartment and you wiped some sort of

stain off the wall and said "I'm not sure what that is?" Also, I fixed the giant hole in the bedroom

door myself. It looks better than when I moved in. Again, I have pictures.

Per The Virginia

Residential Landlord

and Tenant Act

here are some violations

you may want to consider:

§

55-248.13. Landlord to maintain fit premises

Section

4 “ Maintain in good and safe working order and condition all electrical,

plumbing, sanitary,

heating, ventilating, air-conditioning and other facilities and appliances,

including

elevators, supplied or required to be supplied by him; "

Violation 1: I was left in a flooded

bathroom with a non-functioning toilet from 02/16/14 until 02/22/14. I tried

everything I could think of to keep the floor dry, but the buckets were

overflowed and towels, mops, and cardboard soaked every time I returned to the

restroom. I have video of myself trying to clean up this flood as well. This

was a serious danger because of the electrical baseboard heaters I had to keep

on because it was February and the other baseboard heaters alone were not

enough to keep the apartment at a decent temperature

Violation 2: On 02/19/14, the

ceiling above the bathroom light fixtures caved in and it rained into the light

fixtures. This alone could have caused

a fire, but in addition to the flooded bathroom, this could have caused my

electrocution. I pointed this out to you when you came to fix the toilet on

02/22 and you said you'd fix it and never did. It rained into my bathroom for

the rest of my stay there.

§ 55-48.18.

Access; consent.

“The landlord may enter the dwelling unit without consent of the tenant

in

case of emergency. The landlord shall not abuse the right of access or

use it to harass the

tenant. Except in case of emergency or if it is impractical to do so,

the landlord shall give

the tenant notice of his intent to enter and may enter only at

reasonable times.”

§ 55-248.10:1.

Landlord and tenant remedies for abuse of access

“If the

landlord makes an unlawful entry or a

lawful entry in an unreasonable manner or makes repeated demands for entry

otherwise lawful but which have the effect of unreasonably harassing the

tenant, the tenant may obtain injunctive relief to prevent the recurrence of

the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and

reasonable attorney's fees. “

Violation: On

12/13/2013 I was awakened by the very loud sound of someone trying to force

their way into my apartment. I was terrified. I got up and put on my robe and

prepared to call the cops. Once I got into the hallway I could hear that

whoever was beating in the door was also jiggling a key. Only then did I

realize it must have been you because hopefully no one else had the key. Before

I could open the door, I heard the neighbor open her door because it was so

loud she thought you were tying to get into her apartment. I heard you tell her

“I'll get in if you don't pay your rent.” According to my bank, as I showed

you, you had already gotten the rent check and I did not know of any

problems. All contact we had prior to

this incident was via email and a reasonable person would have attempted to

contact me again via email to let me know there was a problem before attempted

breaking and entering. I now wish I had a police report to back this up, but

your wife and the neighbors witnessed it and I have your text messages

admitting it as well.

§ 55-248.15:1. Security deposits

“B. The landlord shall: 1. Accrue interest at an annual rate equal to four percentage points

below the Federal Reserve Board discount rate as of January 1 of each year on all property

or money held as a security deposit. However, no interest shall be due and payable

unless the security deposit has been held by the landlord for a period

exceeding 13 months beginning from the commencement date of the rental

agreement or after the effective date of any prior written or oral rental

agreements with the same tenant, for continuous occupancy of the same dwelling unit until termination of the tenancy

and delivery of possession, such security deposit earning interest which begins

accruing from the effective date of the rental agreement, and such interest

shall be paid only upon termination of the tenancy, delivery of possession and

return of the security deposit as provided in subsection A”

Violation: I moved in

to this apartment on 03/01/13, finally got a paper copy of the lease on

07/30/2013 and at that point saw that it ran from 08/01/2013 until 07/31/2014.

It was pretty delayed, but at that point I had not yet had any problems and

decided not to fight it, but this means I lived there for 16 months. $425 *

.005/12 * 16=5.10. Therefore you owe me $2.83 in interest.

Therefore the correct calculations are

Deposit:

$ 425.00

Deposit Interest $ 2.83 +

$ 427.83

“Deposit refund” paid $ 207.50

-

$ 220.33

Due to your lack of response, I have also filed a RevDex.com report to avoid this having to enter the court system. I have contacted

the [redacted] remediation services as well to find other options for this

matter to be resolved. Please send me a check or money order for $220.33 on or

before Oct 15, as it should have been back to me before September 15. If I

don't receive payment by that date, I'll promptly file this case in small

claims court and have to add on the legal fees to the claim."

I guess this lack of an actual response is his way of saying, see you in court, because that appears to be where we are headed.

Regards,

Business

Response:

I stand by my original response from 10/1/14:

I think the deposit detail speaks for itself. This was a 1 year lease with no 30 day notice given by the tenant. There are provisions in the lease that plainly states how the tenant can repair the apartment if there are things that are not being repaired and they can then bill the owner or take payment from rent. I am not bound by the landlord tenant rights act as West Wind only owns 8 rental units. Your only recourse is in civil court. If the tenant wants to spend 78:00 to try and regain 207:50 then that's there option. I also have before and after pics.

Consumer

Response:

I have reviewed the response offer made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

You cannot charge someome for something that never existed. There was no mini blind at any point when I lived there. The place was clean when I left. There were pictures hanging on the walls and mold in the toilet when I moved in. I have pictures proving all of this and the lack of toilet mold when I left. You left me with a bathroom flood and a broken toilet for a week and the fire hazard of it pouring rain into my light sockets the last few months I lived there. You should at least be bound by decency, honestly, reliability and not flat out stealing from people. I sent you a certified letter and you rejected it without even bothering to read what I said. You owe me and you will be responsible for the filing costs as well if you do not return my money by Oct 16, as I stated in the certified letter.

Regards,

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Description: REAL ESTATE - RENTALS BY INDIVIDUALS, APARTMENTS

Address: 4300 Old Benbrook Rd, Fort Worth, Texas, United States, 76116-7852

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