I moved out in November 2013, I was sent a bill for charges. We agreed on an amount. They sent a bill for a different amount and put in collection.
When I moved into the unit, I paid deposit, first and last month's rent. When I moved out in November 2013, I got a bill saying I owed money over my deposit and last month's rent. The money owed was for a stove pan replacements and a microwave oven, which they said they replaced but would not show me proof of this or the amount it cost. They said they did not have to give reason for replacing items they were charging me for. I finally agreed to a lesser amount of $290 after they removed the stove pans. Part of the amount was also because my rent had gone up, so they claimed my last month's rent wasn't enough, even though the contract stated that last month's rent was paid at the rate when I signed the contract.
After settling on an amount and getting that amount due in writing, I received a call from a collection agency saying I owe over $500. The collection agency began calling me 2-3 months after I made an agreement, before I had a chance to pay the balance due to health issues.
I do not really agree I owe any of the amount. I lived in the unit over 4 years, and any appliance repair or replacement could be attributed to normal usage and wear and tear, not specifically caused by me. I also did not agree that my whole deposit was taken for cleaning fees. Yes, it was not fully cleaned when I left, but I left under duress due to a violation they made on our original agreement that I am filing a separate complaint about.
I think all the charges need to be dismissed. I really don't think I owe them anything due to circumstances they created.
As for the specific items they mentioned, like I said, due to the amount of time in the unit, there is not proof that the problems were not just normal wear and tear. Plus they could not provide me with proof of replacement.
Also, the rent in question should've have been covered by my original lease. That is the amount agreed on the lease for last month's rent. I do not think I need to be penalized for being a loyal tenant who was never late on her payments.
I do want the charges removed from the collection agency, and removed from my credit report.
Contact Name and Title: *******************
Contact Phone: XXX-XXX-XXXX
Contact Email: *************@hotmail.com
Thank you for the opportunity to respond to a former customer's complaint. The complainant did execute her original lease agreement November 1st 2008 and stayed in the unit until November 31st 2013.
During the time frame that the resident lived in the unit the rent increased from $975/ month to $1072.50/month. The resident did have a pre-paid amount in escrow equal to $975 that she is referring to as her last month's rent in advance. Due to the increase in her rental rate, which she paid without demand for several years, the amount in escrow was not sufficient to cover her actual last month's rent. We did apply the amount in escrow to the rent and that left her a balance due on the account of $97.50 which was the difference in the rent. I understand her confusion as the amount in escrow would have been equal to her last month rent if she moved at the end of her original 12 month contract. However, she stayed on a month to month basis until November 31st 2013 and the rent increased a minor amount when she chose to remain longer than her original contract.
Upon move out I compiled a list of charges for damages and mailed them to the last known address of the complainant because we were not provided with a forwarding address on the former residents written notice to vacate. The final account statement was mailed on December 9th 2013. After 30 days I mailed the letter a second time in hopes of collecting the balance due. I did not hear from the complainant until February 2014. We did negotiate a settlement if the balance could be paid within 48 hours. Unfortunately, the complainant did not pay anything toward the balance. Once she did not pay the negotiated amount we sent the full balance due to our collections agency (RentDebt) and they are presently attempting collection.
The condition of the property was very disappointing. I do not know how to attach pictures to my response but the unit was unclean and beyond normal wear and tear. I have pictures of urine on the floor, a microwave that has been abused/neglected, a toilet that has been ruined by allowing *********** to remain in the bowl long enough to eat through the porcelain finish, etc..Pleas let me know how to e-mail the pictures or attach them to this complaint to prove the resident left our property in poor condition.
I am not willing to dismiss the charges as requested. I am willing to negotiate through our collections agency (RentDebt) if the complainant desires to do so.
(The consumer indicated he/she DID NOT accept the response from the business.)
The apartment was not in that bad of a condition. The reason I did not clean prior to leaving, is because of the issue with pest control, which was the reason I left anyway. It was in my contract that no pest control was to be used in or near my unit, but I came home one day in July 2013 and found the outside area had been spreayed, which led to a panic attack that led to me be hospitalized for treatment.
I paid a $400 security deposit that was supposed to be used for cleaning and repairing. I feel that was more than enough to cover anything that needed replacing or repairing after 5 years. The apartment was not beyond normal wear and tear. The upstairs was practically immaculate, as I was not able to climb stairs easily and spent 90% of my time downstairs. The blinds still had the original tags on them. I am not aware of any urine in the floor.
In the original lease, it said I paid my first and last month rent. I assumed this was the last month's rent, regardless of any price increases. I am not sure if I ever signed a month to month lease agreement. To my knowledge, no contract says that if the rent goes up, that is the payment I will pay when I move. I am under the impression that the money I paid was sufficient for the last month's rent in its entirity.
As for any prior correspondence from MMC, I did receive one letter stating I owed money above and beyond my last month's rent and deposit. I called him immediately and tried to work out any agreement possible. We did agree but he never said I had 48 hours to pay. I did call him back within 48 hours and told him I was willing to pay but wanted an itemized listing, which I received later. I could not have paid within 48 hours if I had not received the list within 48 hours. I have been very busy in the meantime focusing on caring for my family, especially my sister who is battling cancer.
I might be willing to negotiate a lower payment even though I do not feel I owe any of this balance.
I sincerely feel at this point that the amount should've been enough for any cleaning or repairs that were needed. If MMC were to make an offer, I would like an itemized listing of what the money went to fix. I will not negotiate with the credit collection agency. I want it removed from collections and removed from my credit report.
Final Business Response
In the first paragraph of your rebuttal you plainly admit that you did not clean your condo prior to moving. That is precisely why you are being charged in order to do so. The unit was clean when you moved in and we expect it to be returned in the same condition. I have pictures to prove that the unit was beyond normal wear and tear and those pictures have been provided to the better business bureau.
Unfortunately, your security deposit of $400.00 was not sufficient to cover the damages or charges on your account. We applied 100% of that to your charges and billed you for the remainder. You were provided with an itemized billing and even agreed to pay a negotiated amount of $297.50 in February.
I am aware of your attempt to blame your move on pest control treatments done by the Home Owners Association and I once again remind you that Management and Marketing Concepts, Inc. performed zero pest control services in your unit, which is exactly what is noted in the lease agreement. We are not responsible for exterior treatments or what goes on in the fields, streams, doctors offices, or other external environments that you have been in contact with.
Your lease agreement is very specific and you went on a month to month term when the original lease expired in 2009. Your lease states that if you do not give us notice to vacate and you remain in the unit then that will result in a tenancy from month to month. We also notified you in writing of this change on September 15th 2009 in the form of a lease renewal option letter. A month to month lease agreement does not require any further signatures and you must have been amicable because you paid the month to month charges for several years.
I have taken time to correspond with you on several occasions and now I am explaining the same charges again and again. I am willing to resolve this complaint and move from my original position and negotiate the amount you owe as suggested by the better business bureau below:
"Generally, resolving a complaint requires both parties to move from their current position to a middle ground. In your response, please state your position and if possible indicate what steps can be taken by both parties to resolve this matter."
If you wish to negotiate the amount you owe you may do so through our collection agency. I will even honor our previously agreed amount prior to sending your account to collections, which is $297.50 plus the cost of collection. I respectfully ask that you consider moving from your position and meet me in the middle.