BBB Business Review

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Consumer Complaints

BBB Accredited Business since 02/21/2014

Timber Top, Inc.

Phone: (330) 929-4926Fax: (330) 929-3629

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Customer Complaints Summary

6 complaints closed with BBB in last 3 years | 1 closed in last 12 months
Complaint TypeTotal Closed Complaints
Billing / Collection Issues2
Problems with Product / Service4
Advertising / Sales Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints6

Complaint Breakdown by ResolutionAbout Complaint Details

Complaint Resolution Log (6)
06/30/2014Problems with Product / Service | Read Complaint Details

This complaint encompasses multiple complaints actually; horrible customer service, collusion, unlawful entry, and theft. Owner will not respond back.

I am writing this complaint on behalf of an incident that happened in my apartment about two weeks ago. Maintenance personnell from this establishment forced entry into my bedroom door, which I have a seperate lock on, when I was not home without my permission, also stealing a few days worth of my narcotic prescription medication.

I promptly filed a police report about the medication, but the police told me I was not able to file a report on the forced entry. When I brought my issue to the management, I was ignored, called a liar, and basically kicked out of their office. They wouldn't give me the time of day.
I left that time and went to Fair Housing in ***** and had them help me draft up an illegal entry letter. When I brought this letter to the management at Timber Top they refused to sign it, Saying it was full of false information even though I quoted the ORC word for word. They refused to even read it.
I later found out that both managers that work at this establishment are the owners daughters, which explains why they can be so rude to people and get away with it, which is absolutely not fair. I have left the owner about 15 messages, everyday since the incident and have not received a phone call back or a status update back yet either. They won't even tell me if he has received them. To me this is unacceptable. I have payed my rent on time every single month I have lived there, caused no issues, and it is my right as a tenant to be able to talk to the owner when the management wont listen to me.
If you read the reviews for timber top on various apartment websites you will see the same type of situations. Issues with management. Im assuming there is a little less fear of losing their job when their father is their boss.

In summary, the two women that run this place are the rudest women I have had to deal with in a long time. The way I was treated when I was their customer is absolutely unacceptable, and if I acted that way at my job I would be fired on the spot. Thank you for your time.

Desired Settlement
I am asking for my full security deposit back, seeing as how they would not even give me the time to listen to my issues or even come look at the damage their maintenance personnell did to my apartment unit. They damaged my unit and I refuse to pay for these damges. They stole prescription medication from me and denied it as well, which I filed a police report about.

Business Response

I am responding to your letter dated May 28, 2014, which I received today. We do not believe that this is a valid complaint and request that you remove this from our record. Mr. **** has identified Timber Top by name in his complaint, so we believe that it is fair to refer to him in our response.

Mr. **** is premature with his complaint. He turned in the apartment keys this past Saturday, May 31, 2014. His complaint was filed May 23, 2014. Security deposits are not refunded prior to a tenant vacating the premises.

It is very odd that Mr. **** would wait seven months after the water check in his building to say the something was taken. The water check was conducted October 11, 2013. He did not call Timber Top or the Police until May 19.2014.

Mr. **** states that we unlawfully entered his apartment. This is not correct. On October 10, 2013 we sent a notice out to each resident of his building because we were doing a water usage check the next day, October 11, 2013. This was necessary because we received a notice from the Akron Public Utilities of a high water meter reading. Our service technician came to Mr. *****'s apartment, noted the locked bedroom door on his report and did not enter the bedroom. There was no forced entry. Apparently the police determined that same thing, as they would not take the report.

On May 13, 2014, Mr. ***** called the office at 9:21 AM inquiring about breaking the one year lease for various reasons, medical ect. ****** quoted him our lease break penalty of two months. He did not want a manger to call him back because he was going to research and then contact us. At 9:25AM the same day he called back and left a message for a manager to call about various reasons about his apartment. I called him back. He stated that he had a job offer somewhere else and inquired about the lease. I explained that if the tenant cannot complete the term of the lease, he shall pay a sum equal to two month's rent.

On May 19, 2014 at 6:34 PM, Mr. **** left a message with our answering service that "He put his own personal lock on his bedroom door. Stated he found out that maintenance opened his bedroom door using a butter knife and he'd like to discuss the matter."
On May 20, 2014 Mr. **** called again to the answering service at 9:11 AM, our office was just opening, and left another message stating "He is very upset that he has not heard from the office yet re: maint using a butter knife to pry open a lock. He is missing medication." He proceeded to come up to the office right after that and demand to speak to the manager in person, where he loudly and forcefully accused our staff of unlawfully entering his apartment and stealing his medication.
The other manager tried to reason with him and explain our key tracking and check out procedures. She told him that she found it odd that he wouldn't have noticed the missing medication earlier. He said that he purchases a 4 month supply. She told him that there was another person that had been on the lease, could that person have taken the medication. He told her that person never moved in. He left, saying he would call the police and make a report for unlawful entry and theft.
The same day, May 20, 2014 at approximately 12:30 PM, Mr. **** returned to the office to continue the discussion about the alleged theft of his medication. The other manager was out to lunch, I spoke with him.

He was extremely confrontational, would not let me finish speaking and demanding to speak with the owner. He brought in a photo of an extreme close up of what appears to be a door. it is so zoomed in that nothing can be made out. Then he insisted on waiting in our office until ***** returned from lunch. I explained that ***** would be returning from lunch at 1 PM and he could come back then. At first he would not leave, but after I told him that I would call the police, he did. it was bizarre and frightening for all of us in the office. He returned at 1 PM to speak with ***** and was again rude and continuing to say the same things as he did in his other two visits. He demanded that she sign a letter of unlawful entry.

Neither ***** nor I would sign any such statement. We told him if he wants to put in a move out notice he can simply write it out on paper that he is vacating his apartment and list the date that he is vacating. He did that and left.

We discussed the episode with the owner and he felt that we handled the situation just as he would have wanted it done. He saw no reason to engage this extremely confrontational, relentless person.
The keys to the apartment were returned to our office on May 31, 2014. By law, we have 30 days from that date to return Mr. ****'s deposit or give him arid accounting of why any of it was retained. We will inspect the apartment and communicate with him well within the required time. We will notify you of the outcome. Once again we believe this complaint to be baseless and request that it be removed from our record.


Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
This is an absolutely unacceptable answer.
I was only assertive when I was not listened to and completely ignored. I later found out from one of the other employees who worked there that the two managers who run the office are sisters and also daughter's of the owner, which explains why they would team up on me.
When I first tried to talk to them I was extremely respectful, but neither of them would give me the time of day to listen to me or even talk to me. They both ignored me saying "This job is our maintenance team's livelihood", and "Our maintenance team would never do a thing like that". Those were the only responses I ever got from them.

The picture the manager who responded to is referring to is attached to this complaint, and it is not an extreme close-up. I offered both of them to come look at it in person, which they both denied several times. I gave the office several weeks of messages for the owner to call me and to talk to me personally, to try and talk this out together but they refused to allow me to talk to him. I thought it was my right as a tenant to know who the owner of my apartment complex was.
Seeing as how this is a customer service complaint, and these manager's were extremely crass and rude, I do not believe this complaint should be removed from this website. They have handled this situation wrongly from the begininning. Since the start they refused to listen and called me a liar. They blamed me and my friends and family before even thinking it could be any of their own staff. This is absolutely unacceptable.
I feel as if they believe there is no reprecussions for their actions being the owner's daughters, meaning they can treat tenant's however they feel.

As stated before, I was the only tenant. The only two people with keys were me and Timber Top. The only sign of forced entry was on my bedroom door. Not on the outside door or any of the windows. And I can assure you that I did not break into my own bedroom door.

Also, the police officer DID say that there was obvious forced entry so please do not say things that you do not know. He said he could not write it up because it was CIVIL and not CRIMINAL because it has to do with tenant and landlord rights which is why he directed me to FAIR HOUSING in ***** where I wrote up the other attachment included in this complaint, the illegal entry letter, which both managers also refused to read and called me a liar about.

As a final appeal, This complaint should not be removed from this website because this establishment's customer service is one of the worst I've experienced in a long time.

Business Response

Dear ****:
Upon inspection of the premises,*********************., the following deductions were
Deposit $ 655.00
Penalty Payment $1310.00
Breaking lease penalty $1310.00
Balance paid ^ $ 655.00
You vacated by May 31, 2014, but your lease ends August 31, 2014, 3 months early.

It states in the lease, in the second paragraph if tenant vacates the premises before
completion of the term of the lease, he shall pay a sum equal to 2 months rent.
Property Manager

Consumer Response
(The consumer indicated he/she ACCEPTED the response from the business.)

06/30/2014Billing / Collection Issues | Read Complaint Details

Billed-$80.00-cleaning,26.00-replace light strips, and $75.00-remote control to garage totaling $180.00 as my final bill.

I signed a contract w/Timber Top on July 15,2010. My address was ***************** I paid a deposit of $99.00 on that day. My receipt and contract specifically state that this was a deposit. I paid my first month's rent on 7/22/2010 in the amt of $925.00. I always paid my rent on time thru out my stay there. My apartment was burglarized several years ago and one of the remotes was stolen from my car. I had to beg the Manager there to put extra locks on my door. The noise there was unbelievable.

I made several complaints but no one would do anything. During the winter months the driveways were hardly ever shoveled and I fell several times. I say this to make a point that this complex falls well beneath standards in my opinion. I am insulted that the Manager would even think of billing me additional amounts for things that I am either not responsible for i.e. garage door opener and the light strips or cleaning that I definitely performed. I had several helpers moving me and throwing away trash.

I went to Walmart and Lowes to buy cleaning products and paint to patch holes and clean all bathrooms. I vacuumed all floors. I stayed there all night and cleaned after the movers were already gone and delivered my furniture to my new apartment. Timber Top had a large fire on May 22,2012 and lost all their records. So, now *****, the manager wants me to bring my documentation to them for them to examine it. I am afraid that they will just use it to disquality my claims that I paid a deposit. I feel that I am being treated unfairly and need help resolving this matter. I wonder how many other people are being mistreated by the organization? The Manager made a statement to the effect that I paid an application fee not a deposit. This is not true.

Desired Settlement
I am willing to compromise and pay for the lighting strips and 1/2 of the cost for the remote control-for a total of $63.50.

Business Response
I am responding to Ms. *******'s complaint. She states that she paid a $99 deposit. At the time she moved in our program was either a $299 refundable deposit or a $99 non-refundable application fee. Our office was destroyed by fire in May of 2012. This is why the manager asked her to bring her lease in. We will honor our contract.

To address the other statements made in this complaint:

According to Ms. *******'s notice to move out we provided an "overall pleasant stay here" (see attached). We are very responsive to all complaints including noise complaints and snow removal and shoveling.

Ms. ******** called on July 10, 2012 to say that someone had stolen a bicycle out of her garage while she was home and had left the garage door up, she did not mention a garage door remote. At that time she requested a chain lock on the front door and a deadbolt on the garage man door. The work order notes that we called her to do the work the very next day. She requested that the technician come out on July 12, 2012, which he did.

All of her service calls were handled promptly, usually the next day. Ms. ******* changed the door lock and did not provide the office with a key, which is a violation of the lease. She always requested to be present when service was performed, which we honored.

Ms. ******** could not move out on April 30, 2014, and asked to stay an additional day. We allowed that and did not charge her. In fact, she returned the keys to the office via the drop box. They were received on May 2, 2014, with no forwarding address. We sent her a letter to her old apartment on May 21, 2014. When she called on May 24, 2014 to inquire about her deposit the manager explained that there was no deposit (see above). Ms. ******* instructed us to send a copy of the letter we sent to her old apartment to her P. O. Box, which we did. On May 31, 2014 she came to the rental office and demanded that she speak to someone about her owing money. This was a Saturday and the manager was not in. She was so insistent and rude that the manager was called at home and spoke with her.

The manager spoke with her on June 4, 2014 and reviewed the charges for cleaning, lights and garage door remote and the non-refundable application fee. Ms. ******* stated that she had a copy of the lease and she was told we would honor that, if she would kindly bring it in. She was treated fairly and with courtesy.

Ms. ******* states that she made an effort to clean the apartment the night she moved. We will waive the cleaning fee as gesture of good faith. However the charge to replace 13 strip light bulbs (clear, round bulbs) and the cost to purchase and reprogram a garage remote control are not removed. This brings the total due $101.00

Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
1) I have a receipt showing that the amt of $99.00 was considered the deposit fee. I have since mailed this to Timber Top on Monday June 16th.

2) The garage door was not left up overnight which is when I was robbed. Why would I do that if my car was in there? My veh was broken into and the contents were stolen. I lost a pair of designer glasses and other items. When I woke up the next morning the garage door was ajar and less than a quarter of the way up because I always put a metal stick(golf club) in the sides of the door to keep something like this from happening. As a matter of fact any one of the maintenance men can verify this. So, the management needs to tighten up of this version of their story.

3) The lock on the door used by Timber Top per the locksmith(because I asked) required a special question pertaining to this inaccurate information would be: Where would I get this tool?

4) I set up a forwarding address via the postal service and I still have my receipt.

5) When I came to the office I made a request to see my bill. The receiptionist(who by the way has always been rude and shown a bad attitude-and I am not talking about the lady who just answers the phone but the one who takes payments) stated that she did not see anything in my file. I thought that to be odd. How does a large co not have a more complete and accurate tracking system regarding these type of matters? I asked to speak to the manager to get a handle on this situation. I had been told by one of the managers that if I did not pay she would forward my bill to collections. So, I was worried. I never raise my voice or act rudely to people. I am a very soft spoken person. I am firm but never rude.

6) In conclusion: per my conversation with *******,the manager, on this past Thursday June 19th, I will accept the offer. I have already sent via postal service a tracked package containing a payment for the amount of $82.00 as a good faith payment. I however do not
appreciate the false accusations. I believe the management team needs to take a hard look at some of their staff and themselves. Making up things is not fair and not nice! I will forward the additional $19.00 that I owe promptly

Final Business Response
I have reviewed Ms. *******'s response and that is acceptable to us. We have received her additional payment, so I will consider the case closed.

Final Consumer Response
(The consumer indicated he/she ACCEPTED the response from the business.)

06/30/2015Problems with Product / Service | Read Complaint Details

Air conditioning unit has been broken for weeks, no windows I can open in apartment. Multiple service calls/visits with no fix.

The upstairs air conditioning unit in my apartment stopped working on May 8, 2015. I called maintenance and requested service. Maintenance replaced the unit on May 22 and the new unit doesn't actually cool the air. Switching the unit from fan mode to cooling mode makes no difference in the temperature of the air in the apartment. Turning the cooling level from 1 to 11 (the highest setting) makes no difference in the temperature of the air coming out of the unit. The refrigeration mechanism in the unit never actually turns on.

I called maintenance again the day after they installed the new unit. They looked at the air conditioning unit on June 5, 2015. They left a note in my apartment and didn't follow up about when or what type of service I would need done on the air conditioning unit. I called the office on June 8 and asked for an update, they said I would receive a call back from the maintenance manager which I didn't get.

I woke up this morning (June 10, 2015) with a call from maintenance that my air conditioning needed a divide (?) and they would do this all from the outside. I received a call afterwards that the unit was good to turn on and would be working. I have been running the unit at the coldest setting, on cooling mode (not fan mode) on the highest setting.

All I want is a unit which actually works as an air conditioner and not as a very powerful fan. I have no way to open any windows in my bedroom. The weather has been in the 80s these past weeks and having no windows that open makes it difficult to sleep without sweating constantly. A fan blowing tepid air into my apartment is not acceptable. It's incredibly frustrating to call three times for service and not actually get working air conditioning in the middle of summer. It's incredibly frustrating to make a point to be kind, not to yell or be rude, in hopes that I would get good service in return, and receive mediocre service at best.

Desired Settlement
I do not want to wait another 2 weeks for a resolution, especially if the issue will not be solved for good. I would like a replacement air conditioning unit which actually works, or reimbursement for an air conditioning unit which I am willing to purchase out of pocket. I will accept either taking the cost of a new air conditioning unit off of my rent or reimbursement for the cost of an air conditioning unit from Timber Top.

Business Response
The resident called us Friday, June 12th, to let us know she was still having a problem with the air conditioner. We replaced the air conditioner on Monday, June 15th. This is the same day that we received your compliant in the mail. The problem should now be resolved. Please have the resident call the rental office if the air conditioner is not working properly and we will come back out.

08/25/2014Problems with Product / Service | Read Complaint Details

unauthorized entry. Rude and unprofessionalism from the property manager. Breach of contract and Ohio renters laws.

Our first problem was when maintenance entered our unit with out notice and changed out our air conditioners. A work order receipt was never left in our possession. According to the office this was a mistake, and they admitted wrong units are worked on all the time due to their flawed system. Our air conditioners were left on full blast and our dog had messed himself. I requested they sent their response in a written apology along with their plans for compensation on our electric bill. This is against the Ohio revised code title 53 5321.04. No letter has been received. The indecent was on June 6th and the phone conversation was June 7th.

Next we come to an issue we are having with our neighbors. I have contacted them several times requesting to speak with the property manager and she is always conveniently out of the office. We went to the office to pay rent and decided to speak with someone else. I sat down and had a conversation and the woman had me hand write the complaint. The neighbor was setting off fire works on his porch and when he was asked to stop he became threatening. I expressed that the noises coming from above us sounds like the man is doing drugs, drinking and abusing his children who are often left unattended. Loud noises does not even begin to describe what we are experiencing. I expressed that I was afraid of this neighbor and asked that they, or us be relocated to a different unit. This was followed up with an additional phone call and re-iterated what I had written. We did resort to asking to look at different units and we able to see a few. I finally left another message that we would be coming on a specific day and time to speak with the property manager. We arrived and she had, again, conveniently, JUST stepped out of the office. It appears she has been avoiding us or does not want to do her job.

I was at last able to actually speak with the property manager ***** on the phone on August 6th. She was so incredibly rude to me from the moment I said hello, and spoke with a harsh dismissive attitude. She accused me of wanting to break my lease and would be penalized. At this point we have been here for 2 years on a 1 year lease agreement and they never asked us to sign a new one, so we are considered to be on a month to month. She also stated that she had no record at all of the complaint by the neighbor. I corrected her that we are not breaking a lease, we just want to relocate, and that she should have written documentation of my complaint. Her response was very cold and basically told me we should give 30 day notice to move out. She apparently does not want our business here, which is shocking considering for two years we have never been late on rent. So I ended our conversation before I said something I may regret. I have NEVER been spoken to in this manner before from a "professional". This has been a horrible experience to the point where I do want to move.

The last order is our deposit. We put down a $575 deposit. Again, according to the Ohio renters law each year for any deposit exceeding $50 shall receive an interest check. Two years have passed and we have not seen a penny. Ohio revised code 5321.16

Desired Settlement
Deposit check interest and compensation for electric bill

Business Response
I am responding to Mrs. ****'s complaint. She is premature with her request for the security deposit refund. ORC 5321.16 states that the security deposit or itemized statement of deductions shall be delivered to the tenant "... within thirty days after termination of the rental agreement and delivery of possession." Mrs. **** has not yet moved from the apartment.

Mrs. **** also requests interest on the security deposit. ORC 5321.16 states " Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant. Mrs. ****'s deposit is $575. This is not greater than one month's rent, so interest does not apply.

If Mrs. **** will supply the electric bill for the months of May and June, we will pay the difference in the amount due between the two months. This should cover any overage in electricity incurred by the air conditioners running for afternoon that they were tested, June 6th.

To address the other statements made in this complaint:

The was an error with the air conditioner work order. The agent taking the call mistakenly heard B instead of C and a service technician was sent to the wrong apartment. When the mistake was pointed out an apology was given to Mrs. **** over the phone.

I spoke with Mrs. ****'s neighbor about the complaint. This was the first infraction, so our policy is to make a telephone call. The neighbor said that her son and his family were house sitting while she was out of town and this would not happen again. The neighbor is also moving out at the end of August. To my knowledge there have been no other complaints made by Mrs. ****, so hopefully the problem has been solved.

Mrs. *** is correct about being on a month to month lease. She may switch to another apartment or move out of the community with a 30 day written notice. Our leases end on the last day of the month, so we are currently accepting notices for September 30th.

Mrs. ****'s telephone calls were returned, however she was not available and messages were left. The managers are not at their desks at all times. They are frequently on the property or at appointments off site, especially the first seven days of the month when units are being checked over. The manager was not avoiding Mrs. ****.

06/23/2014Problems with Product / Service | Read Complaint Details

Timber Top failed to fix a stair railing filled with nails for 10 months. Upon ending our lease they then charged us for the repairs.

My family moved into Timber Top in March of 2013. When we moved in we filled out a sheet of all the things that were wrong, damaged, or dangerous. One of those things was a hand railing that someone "attempted" to put together with nails meant for hanging a picture on a wall. Their were nails sticking out all over the place that could easily cut or stab someone. I have 2 small children who are just the right height to hurt themselves on all of these nails and after the issue not being resolved I removed the railing. Two different repairmen came at different times to fix a leak and a closet issue and both said that someone would be there to fix the railing. I called the front office and was told the same thing. It was never repaired and in March of 2014 we left the apartment. 2 months later we received a bill from Timbertop Apartments for the repair of the railing at 70$ and a 50$ "cleanup" fee. I called and tried to speak with the manager, however she would not talk with me only over me. She told me I would be paying or be sent to collections. When I asked if we could go look at the railing to see the nails she said no we can't I just have to pay or go to collections.

Desired Settlement
I ask that Timbertop stop billing me $140.00 for their own failures to keep a safe and livable housing environment. They are trying to take advantage of us and threatening to ruin our credit.

Business Response

I am responding to your letter dated June 5, 2014. We do not believe that this is a valid complaint and request that you remove this from our record.

Mr. ***** has identified Timber Top by name in his complaint, so we believe that it is fair to refer to him in our response.

We do not believe that Mr. ***** is representing the facts pertaining to this complaint correctly. Attached is a copy of the apartment condition report that Mr. and Mrs. ***** submitted May 6, 2013. There is no mention of the railing on It at all.

Mr. and Mrs. ***** turned in their apartment keys on February 26, 2014 and we sent them the bill for the charges on March 13, 2014. They made no attempt to contact Timber Top until they received our pre-collect letter. The apartment has since been rented out to another tenant, so it is not possible to allow them to view the railing. In the past other tenant have removed the railing to move furniture down the steps and left it off. We suspect this is what happened In this apartment too.

To resolve this issue, we will not send the *****'s account to a collection agency. However, should they ever want us to provide a reference for another rental or mortgage reference this amount must be paid in full. Our policy is that all balances must be paid in full to obtain a reference from us.

04/22/2014Billing / Collection Issues | Read Complaint Details

My complaint is about breaking my lease and the way they are handling it.

In Dec, 2013, I moved into Timber Top Apt. Since then, I have had a job change and my roommate and I have moved out. The monthly rent is $655. We paid for the entire month of Feb. We talked to the manager at Timber Top and we were told if we found someone to take over our lease, then we wouldnt have to pay a penalty to break it; the person taking over would pick up where we left off. The first person that we found had everything that they needed for the girl to move in. They waited around until the first of March to tell us she wasnt approved. That financially hurt us.So, we made the $655 amount for March. We found another person to take over our lease. This time we went in with him to fill out the paperwork. At this time, he present his license, social security card, proof of income, and provide a his past rental history. His past landlords all spoke to Timber Top. We called from March 21- April 1 and couldn't get an answer about his application or if he needed anything else. On April 1, 2014, I received a phone call saying that he wasn't approved because he didn't have the documents that they needed, when he already gave them to Timber Top and they were also faxed a second time. We asked if it was a misunderstanding to provide him with a few more days to gather it all up and submit it a 3rd time. They said no.

Once again, just like in March, they wait until rent is due on the first of the month to deny the applicant; now i am paying another $655. They are purposely giving me the run around to make this difficult on me. If they werent going to approve the applicants, i could have paid the $1310. (two months rent) to break the lease in Feb. Now i have paid $1310.00 and I still need to pay another $1310 to end my lease. I am requesting that we use Marches rent of $655 as one of the months rent to break the lease and I would be willing to pay the other $655. I just don't see how its fair or good service to do this to someone when I was trying to find someone to take my lease and not do them dirty so they would continue to receive their money until Dec.

Desired Settlement
To use the $655 that was paid in March when we told you we couldnt live there and found someone and we will pay the Second month to break the lease of $655.

Business Response

Dear Ms. *****;
We received the above listed case, dated April 3, 2014. We do not believe that this is a valid complaint and request that you remove this from our record. The facts listed by Ms. ******* are not correct. Ms. ******* has identified Timber Top by name in her complaint, so we believe that it is fair to refer to her in our response.
Listed below are the facts according to our notes in the file. We are very diligent about documenting conversations with our residents for this very reason.
Ms. ******* and her roommate (I will not name him in the response, since he is not part of the
complaint, hut will use initials **.), signed a one year lease and moved in December 6, 2013.
I received a noise complaint against Ms. ******* and ** on December 27, 2013 and called her the same -day to address the mmplairit, She told me that she was not living there and had not been there since the move in date. I explained that she is still responsible for the lease and activities at the apartment, as her name is on the lease.
** called on February A, 2014 to inquire about breaking the lease. The leasing agent explained the lease break penalty in our lease. It reads: 'If the tenant vacates the premises before the completion of the term of the lease, he shall pay a sum equal to two months' rent."
o Ms. ******* called on Saturday, March 1, 2014 to inquire about breaking her lease and paying the penalty. She said she was not working and ** was working in Cleveland. The leasing agent took a message for me.
returned the message and explained to Ms. ******* that the lease break penalty is due after the premises is vacated and cannot be used for rent. We discussed the possibility of someone taking over the lease. I told her that she and ** can find someone. That person would need to go through the same application process that they did and qualify for the apartment. Once that is done, we can approve that person to take over their lease.

4, A woman, initials **, came in on March 4, 2014and applied to take over the lease. We did not charge an application fee, even though we had to run and pay for credit reports and background reports. She refused to provide a landlord number for her current address. After several days and repeated phone calls, we finally had to notify the applicant and Ms. ******* and **, that the application could not be completed due to not providing the information necessary to complete the application process and that the lease would remain in the name of Ms. ******* and **.
On March 15, 2014 another person came in to apply to take over the lease, initials **. We once again did not charge the application fee, even though we had to run and pay for credit reports and background reports. For two weeks we tried on a daily basis to verify the man's job and get the landlord for the rumnt residence to respond and confirm information to no avail.

Ms. ******* called to check on the application for **. The leasing agent working on processing the application told her we were waiting on references, but could not discuss his personal information with her.

On April 1, 2014 i called Ms. ******* to tell her the applicant had not provided the information needed to complete the application and that the lease could not be transferred to **'s name. She became angry with me and threatened to turn us over to the Better Business Bureau because her **** works there. I told her that I don't have a problem with that, since we have to treat all applicants and customers the same due to Fair Housing laws.

On April 2, 2014 Ms. ******* called to say that she had spoken to ** and the employer and current landlord were going to fax us today with the references, but they had turned in the keys and vacated the apartment yesterday, I agreed that if we could receive the faxes that day, we would continue the application even though we had already mailed the letter telling her that we could not receive the information necessary to complete the application.
On April 3, 2014 I spoke with Ms. ******* and told her that nothing was sent in by **'s employer or his landlord. We discussed that ** is telling her one thing, but not performing those actions. She agreed and we discussed the lease break penalty and how she would like to pay her half and then not have us go after her for E-14's half. I agreed to that, even though legally I arn not required to make such an arrangement.

Had either of these two applicant provided the necessary information, we would have been able to complete the application process and evaluate them as potential residents. As I told Ms. *******, I would prefer to have their lease taken over, rather than the apartment vacated.
Timber Top has been very cooperative to try to resolve the problem that Ms. ******* and ** had because they could not complete the term of their lease. We did not charge either applicant the $99 application fee and allowed them the opportunity to find a replacement and waive the lease break penalty. Timber Top was also cooperative with allowing Ms. ******* to be released from the entire penalty and offered her a payment plan to ease the debt repayment. Obviously that was not good enough for Ms. *******.

We request that you remove this complaint from our record, and remove any online reference that might damage our reputation.


Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
This is not acceptable for me. This is the worst business I have ever had to deal with. I except something to be done. It's not fair for company's to treat customers like they do and to take advantage of them!

Final Business Response

I am responding to your letter dated April 14, 2014, which I received today stating that you received further correspondence form the consumer regarding the above referenced complaint. On April 14th Ms. ******* submitted a rebuttal. She did not offer anything to resolve the complaint, but only replied that she did not find our response acceptable.

Ms. ******* and her roommate signed a one year lease and only completed a little over three and a half months. The lease clearly states: "If the tenant vacates the premises before completion of the term of the lease, he shall pay a sum equal to two months rent," This is no different than other consumer contracts, such as cell phone plans, that require a penalty for early termination.
Timber Top has been very cooperative to try to resolve Ms. ******* problem.

We allowed her the opportunity to find a replacement and waive the lease break penalty.

We did not charge both applicants the $99 application fee.

Timber Top was also cooperative with allowing Ms. ******* to be released from the entire penalty and offered her a payment plan to ease the debt repayment.

Unfortunately Ms. ******* wants more than what we can give her and will not move from her position, possibly because her **** works for the Better Business Bureau. We request that you remove this complaint from our record, and remove any online reference that might damage our reputation,
Property Manager

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