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Review: My rent check was lost was for Sept. 2015. I was contacted by email (9/18/15) & told I needed to pay my rent & a late fee. I responded to the email that night. I was out of town, I had left town the day before. I asked them to look for the rent check again and let me know if they had found the check, because I had paid my rent about a week & half before. Therefore, if the check could not be found it was missing and I had I an outstanding check that was unaccounted for. I told my landlord I would send him an electronic check, I received no response. I called my bank and put a stop payment on the missing check. I wrote a new rent payment for my landlord for Septempter on Sunday the 20th. He now says the original check is with the new check in the box. This is impossible. When Mr. [redacted] spoke to me on the phone on Sept 21, 2015 he said he sent me an email and eached out to me to which he said I did not reply. I told him I responded to his email and explained the situation. Then I resent the email to email about the missing check, he responded to the email, "yea I got it I just didn't have the rent on time." In the phone call Mr. [redacted] accused me of lying about my check and refused to waive my late fee for September. At this time I am paying the late fee because I am feel as if I have no choice. I asked about a service dog and it feels like this is some sort of retaltion. Rent checks are not usually cashed until long after until they have been turned in.I have been here for years when we paid our rent has never been an issue as long as it was paid.Desired Settlement: I would like my money back. An apology for the way [redacted] spoke to me. I know my rent Check was in the office before long before the 18th, when I was contacted. Then to say original check was with the new check and that I lied about paying my rent

Business

Response:

I understand that a tenant made a complaint to the Revdex.com. She made an accusation that we lost her rent check and then charged a late fee. This was a false statement. My business partner and I checked our night depository and our business mail everyday up until I sent an email stating that we did not have this tenants rent for September. After I received an email from her in response, the check dated for the 9-1-15 and the a new check dated 9-20-15 appeared in the night depository in two separate envelopes on the same day. The tenant was disgruntled that I enforced the late penalty that she was required to pay according to her lease agreement. It should be noted that she was late 4 out of the last 5 months and disregarded notices left on her door requiring that the penalty be paid. This tenant also violated her agreement by moving without a written notice. Our agreement states that the lease would be binding unless either of us gave written notice to terminate the lease. Her lease stated that rent was due on the 1st and late after the 10th. Her lease gave a longer grace period than our new leases which require the rent to be paid by the 5th. She also stated to me in an email that she didn't feel she was required to honor her lease since we bought the property and the lease agreements from the previous owner that she had signed the lease with.Best regards,[redacted]

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.

Mr. [redacted] had never informed my rent had ever been late until the date of September 18, 2015, by email: On Sep 18, 2015, at 13:41, [redacted] <[redacted]> wrote: [redacted] I have noticed that we did not receive your rent for September as of 9-18-2015. Rent is due on the 1st and late after the 10th. You were also late last month could you please pay the late fees for both months and rent for this month. Thanks, [redacted]To which my response was, by email on September 18, 2015, by email: I am out of town until Sunday. Please look again for this months check because I already paid this months rent, I put it in the slot of your office door before I left town last time, well over a week ago. I believe it is check #[redacted]. I do not have my check book with me. If it is not found it is not late it is missing & I have an outstanding check, please let me know so I can put a stop payment on it. Please send me the information to add you to my electronic payment. I can pay you that way. Lasts month rent probably was late, I have been back & forth to [redacted] & [redacted] for work. I will add you to my electronic payments. Let me know what I owe you for last months late fee. Please let me know if you find my check or not.[redacted]I received no reply from Mr. [redacted] over the weekend. On Sunday September 20, 2015, I called my bank, [redacted], and made a stop payment on my check. I wrote Williamsburg Estates, LLC a new check (#[redacted]) on September 20, 2015 and put in the drop box for our apartment complex. When I returned from work on September 21, 2015, there was a note on my door – this is the only notice ever left on my door, saying please call me, that late fees were missing (see attachment). I had lived a Oakwood Apartments for about 7 years. I have always paid my rent. I have never been notified until September 18, 2015 that there was an issue with rent.This all appeared to come about after I asked about a service animal in August 2015. I was told the cost of an animal would be $25.00 more a month which is the same as late fees. We do not even have the service animal. It was an emotional service animal we were considering for my child. Since that date, my rent has become an issue. On September 21, 2015 around 1800, I spoke with Mr. [redacted]. I told him I felt charging me a late fee for September was unfair because I had paid my rent and the check had been lost or misplaced. He accused me of lying, he told me that I did not want to pay rent and that I was saying that he wasn’t doing his job. I never made that statement. I merely said the check could have been dropped, placed under something, shuffled in paper work etc. He then stated I was late last month (August). I said I was not notified last month, but I would pay. Mr. [redacted] told me if I didn’t like it he would go back and find every time I have been late with my rent and charge me late fees. I said to him, I have been here 7 years, I have always paid rent, you have never told me my payments were an issue, “are you trying to get rid of your decent tenants?” Mr. [redacted] then stated to me, “you are free to leave”. I said, “okay”. I took Mr. [redacted] on his offer to vacate Oakwood Apartments. Mr. [redacted] also said to me, that no one but he and his partner had access to the office at Oakwood, but I have seen the maintenance man in the office. Is it possible he could have picked up check and placed it somewhere or found it and then placed in the payment box over the weekend? Mr. [redacted] also stated to me that he has never lost anyone’s rent money, after speaking with one of my neighbors, I found that this also happened to one of them in the past.After taking Mr. [redacted] up on his offer to leave, he has decided to charge me for other late fees to which in the past I have never been notified of, nor have ever been issue. My complaint is, in the 7 years that I have been at Oakwood my rent has never been a problem until I asked about a service animal in August 2015. After that date, rent checks were considered “late” and my September rent check was lost and I was accused of not paying my rent. Up until this date, I have never been notified that my rent has ever been an issue. I feel as though I am being harassed and singled out. Upon my complaint to the Revdex.com and evacuation of Oakwood Apartments, this an excerpt from an email that I received from Mr. [redacted] on October 09, 2015: “You have made some false statements and accusations toward me. That is considered defamation! That is against the law. You made false statements to the Revdex.com. I understand that you feel like you're being clever, but in your written word you have exposed yourself and the truth.”It is not my intention to make false accusations or statements against Mr. [redacted]. I am stating the way I see the issue from my point of view. As stated above, my rent has never been problem until I asked about a service animal, I was then made aware that my rent was “late” in August and my rent check for September was lost. I was accused of not paying rent, but my original rent check was found the day the landlord picked up the new check, the day after I made a stop payment on a check and wrote a new check. When I spoke to Mr. [redacted] and stated my case, he threatened to charge me with other “late” fees which had never been brought to my attention previously. This situation makes me feel as though I am being harassed and single out. I have spoke with other tenants of Williamsburg Estates, LLC., rent checks have been paid after the 10th and not been paid charged late fees, why has Mr. [redacted] now decided to go after me, after 7 years? I know of at least one other resident of Williamsburg Estates, LLC., whose rent that has been misplaced or lost, why am I being charged a late fee? I would like to be reimbursed for my late fees I paid. I was not notified in August that my August rent check was late. My September rent was not late. I did drop off my rent check before the 10th at the rental office. When Mr. [redacted] notified me my check was not received, I made every effort to get him a new check, over the weekend even offering to send him an electronic check. I would like my deposit returned to me minus my first week’s rent of October 2015. I sent Mr. [redacted] a certified a letter stating I would be out of my apartment on October 05, 2015. I do not have a copy of my signed lease, he may have a copy of the lease agreement but I do not. Per my conversation with Mr. [redacted] on September 21, 2015, he said “ you are free to leave”. I said “okay”. Under VA Code by special agreement, no notice is required to be given. I took Mr. [redacted] at his word, stating I was free to leave. I am grateful and thankful for my many years at Oakwood Apartments. Thank you for your time and consideration,[redacted]

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Description: REAL ESTATE MANAGEMENT

Address: 2865 Wild Turkey Run, Christiansburg, Tennessee, United States, 24073

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