Apartment flooded due to lack of proper repair. Flooded again 4 weeks later and management neglected to take care of it.
Sept 8 the basement apartment flooded due to rain. The water downpipe empties on the bedroom window and there is a crack along the window sill so when it rains the apartment becomes saturated. management did not fix and when it rained again on Oct 7 it flooded again. I hired a building inspector to come out and he counseled us to move immediately due to suspected mold/mildew. He noted corrosion to the underlying floor, rotting wood all due to previous (multiple) instances of the apartment flooding. He noted the repairs I thought needed to be made( a permanent pipe leading the water away from the window and fix the crack in the wall) were a bandaid to the problem and that the ground slope flowed directly down to the apartment wall, saturating the ground and eventually coming up through the floor. I spoke with management and they said they had fixed the problem but would get the carpet cleaned. ******, the aprtment manager stated "this is Tucson. We are not set up to handle 1,2,4,5 10 inches of rain." They did not fix the problem. The carpet was not cleaned for 8 days and remained saturated with stinky water . I made several calls , beginning with Friday the 10th and called again Monday the 13th to speak with someone about this mess. I was told Friday the 10th that someone would call me within 24 hours. Tuesday the 14th at 5:15 pm finally ******'s supervisor returned my call. Instead of listening to my complaint, he said there wasn't a problem. I told him I was with a client and could not speak at that moment and he agreed to call me Wednesday at 2:30 pm. I informed him that the carpet still had not been shampooed and he said he doubted that. i told him I had been there a few hours previous. He said he would call ****** immediately. The next morning the shampooers came out but the regional never did return my call as promised. I ran a mold test and there is mold in the department. We gave immediate notice to vacate on the 10th with a vacate date of October 17th to give us time to remove all of the furniture and clean, all due to uninhabitable, unhealthy conditions. The apartment was not livable during that time. When we told them there was a mold problem and put it in writing, they said they only use their own inspector, but they never sent one out and never checked for mold. By then we had already moved out as the apartment was unbearable and as it is only a 1 bedroom there was not room in the tiny living room for the bedroom furniture, clothes, etc. We also are told to get the mattress professionally cleaned to remove the mold. They told us this apartment had never flooded before but there is indisputable evidence to the contrary, according to the inspector. I have video of the water racing in to the apartment, their makeshift repairs on many other groundfloor apartments (black garbage bags tied to drain pipes to attempt to redirect the waters flow) and pictures of all of the rot and water damage to our apartment. They said they would take care of it and they didn't. They have rented an apartment they knew would fail on us and risk our health. ****** get telling me we have signed a lease and that they have a right to fix the problem, and I agree not only a right but a responsibility. as they did not take care of the problem and we got flooded out 2 times in 4 weeks, we feel we have a right to terminate our lease and get our money back. When I speak of "we" I speak for myself, ****** and my wife, ***** ********, who are the renters and I have asked ********* ******** who has power of attorney for us to handle all issues pertaining to this disagreement and have put that in writing to HSL.
They demand 1055.05 in lease termination fees and carpet damage or they will take us to collections. We demand return of rent from Oct 8-31st equaling 483.74 plus deposit of 393.00 and cancellation of early termination fees. I would also like for them to pay the $125 building inspector fee and 66.99 mold test fee.
Apartment flooded due to lack of proper repair. ANSWER: Water intrusion in the SE corner of the bedroom due to downspout extension not connected outside of the bedroom window, roughly 4by4 area. We had our carpet vendors extract the water and place a blower in the bedroom to properly dry the carpet and pad; they also did a microban treatment. On September 8th 2014, myself, *** ****** and **** ********* maintenance supervisor went to Mr. ********'s apartment and noticed the downspout extension was no longer connected, **** ******** replaced the downspout and also secured it. We spoke to Mr. ******** and he thanked us for getting everything taken care of so quickly. **** and I went to Mr. ********'s apartment multiple times throughout the next couple of days to check on the progress of the drying. I also explained to Mr. ******** that the next step is for the carpet vendor to come and tack down the carpet and clean it. Mr. ******** told me that he had already spoken with the tech that was extracting the water and he set an appointment to have the whole apartment cleaned, and not to worry about it. I told him that if they didn't get it taken care of to let me know and we would have it cleaned. I didn't hear back from Mr. ******** after that. On October 8th, Mr. ******** came in to the office and spoke with ******** *** and put in a notice to vacate. He stated they were going to be renting a house and would be vacating on December 31st, 2014 due to that date being the lease end date.
Flooded again 4 weeks later and management neglected to take care of it.Sept 8 the basement apartment flooded due to rain. The water downpipe empties on the bedroom window and there is a crack along the window sill so when it rains the apartment becomes saturated. management did not fix and when it rained again on Oct 7 it flooded again. ANSWER: We had no rain on Oct 7th 2014. The rainfall was over night of October 8th 2014 - October 9th 2014. On the morning of October 9th, Mr. ******** and his mother came in and stated that there was water in his apartment. His mother began getting upset and was being aggressive towards ******* and I. She stated she had Power of Attorney over him and all communications go through her. I told her we would need Legal Power of Attorney paperwork to share information regarding the apartment and lease. I immediately called the carpet vendors out to extract the water and place the blowers in the apartment. ******* ******* Assistant Manager was on a tour with future prospect when Mr. ********* mother approached her and was complaining about the water in the apartment and ******* told her that she wouldn't be able to help her at this time as she was on a tour, but the office is open if she needed to discuss this issue further. She wouldn't drop the conversation, ******* again repeated that she wouldn't be able to help her and continued on her tour. When ******* returned, ***** ******** and I went over to the apartment and noticed the downspout extension outside of Mr. ********'s window had been removed. This had been secured by **** after the first rain with screws. Mr. ********* mother was outside and I talked to her about approaching the staff while they were on a tour and for her to refrain from doing this. And until we receive POA paperwork, we would only be able to discuss the issue with the lease holders. We went into the apartment, and Mr. ********* mother was still outside of the apartment, Mr. ******** stated that he was very sorry for his mothers behavior and was extremely embarrassed for her actions and that he has always been happy living here and still is.
I hired a building inspector to come out and he counseled us to move immediately due to suspected mold/mildew. ANSWEER: **** ******** inspected the apartment and there was no sign of mold or mildew.
I spoke with management and they said they had fixed the problem but would get the carpet cleaned. ******, the aprtment manager stated "this is Tucson. We are not set up to handle 1,2,4,5 10 inches of rain." They did not fix the problem. The carpet was not cleaned for 8 days and remained saturated with stinky water . ANSWER: Our carpet vendors were called out on 10/9/14 and they extracted the water from the carpet and placed the blower in the apartment. We could not clean the carpet until the carpet was dry, I explained this to Mr. ********, he expressed his concern with the tack strips and I told him that we would replace them when we did the cleaning and relay of the carpet.
I made several calls , beginning with Friday the 10th and called again Monday the 13th to speak with someone about this mess. I was told Friday the 10th that someone would call me within 24 hours. Tuesday the 14th at 5:15 pm finally ******'s supervisor returned my call. Instead of listening to my complaint, he said there wasn't a problem. I told him I was with a client and could not speak at that moment and he agreed to call me Wednesday at 2:30 pm.
. I informed him that the carpet still had not been shampooed and he said he doubted that. i told him I had been there a few hours previous. He said he would call ****** immediately. I had spoken to the carpet vendors and they said they would come out as soon as possible to pick the blower up and shampoo the carpets. The next morning the shampooers came out but the regional never did return my call as promised. ANSWER:Area Supervisor contacted her promptly however Ms. ******** indicated that she was busy at that time and could not talk. Mr. ****** offered to call he back later that day and she indicated that was not convenient, the only time she was available was at precisely 2:30 the following day. At 2:30 on 10/13 Tried calling ********* back, at X-XXX-XXX-XXXX. Phone line goes to open air. No voice no ringing no hang up just a dead line. Continued to try calling several times that day with the same results. The carpet vendors came out on 10/15/14 to shampoo the carpets. ******* and ******* went over to the apartment and the apartment was already vacant. The resident stated that they were almost finished with cleaning the apartment and would be turning in keys on the 17th and wanted us to do an inspection which we did. I explained to him that the carpet in the bedroom would be replaced by us at no charge to them, due to the water intrusion. I did explain to him that he would be responsible for the urine from the dog in the living room, as the carpet bid was to replace all carpet due to urine throughout. Mr. ******** stated that he would be having the carpets cleaned himself in the living room area.
I ran a mold test and there is mold in the department. ANSWER: The Property was never provided any documentation that there was mold test done in the apartment. Maintenance and the carpet vendors didn't see any sign of mold or mildew at anytime.
We gave immediate notice to vacate on the 10th with a vacate date of October 17th to give us time to remove all of the furniture and clean, all due to uninhabitable, unhealthy conditions. ANSWER: On October 10th Mr. ******** came in to the office with Mrs. ******** and wanted to speak with ****** regarding vacating the apartment. They handed ******* paperwork, stating POA for his mother was in it and also they intended to vacate on October 17th due to the water intrusion. ANSWER: ******* did apologize for the issues in his apartment. She did explain that per the lease they would need to fulfill the 30 day notice to vacate from the original notice to vacate that was submitted to the office on 10/8/14. Mr. ******** asked me to sign the stack of papers that he brought in showing that I received them, I told him I wouldn't be able to sign them. I did explain to Mr. and Mrs. ******** that the lease doesn't expire till 12/31/14 and that they would be responsible for the termination fee and the 30 days of rent.
The apartment was not livable during that time. When we told them there was a mold problem and put it in writing, they said they only use their own inspector, but they never sent one out and never checked for mold. By then we had already moved out as the apartment was unbearable and as it is only a 1 bedroom there was not room in the tiny living room for the bedroom furniture, clothes, etc. We also are told to get the mattress professionally cleaned to remove the mold. ANSWER: To our knowledge there was never a report of mold on the bed at anytime.
Mr. ******** came into the office the first week of November to inquiry about his deposit. I spoke with him and let him know that the bid was to replace the whole carpet. We were only charging him for the living room area and that was due to the pet urine that was saturated through the apartment. So we would be deducting any charges from the security deposit. him. We explained to him that the same vendors that cleaned also did the bid and they are the ones that give the recommendation if they can save the carpet or not. He under
(The consumer indicated he/she DID NOT accept the response from the business.)
No, this response is skewed. The downspout was not properly fixed and therefore failed. I have pictures of the corroded downspout and I can't figure out why any repairman would attach any thing to it. A proper repair would not have failed in 4 weeks. There is a huge crack on the outside window sill where the wall has opened up due to prolonged water damage. This was never addressed and water runs down the wall directly to it. This is not a new occurrence And although the downspout is a major contributor to this issue, according to the professional building inspector we hired, water drains TOWARDS the wall and the area was saturated to the point it was coming up through the floor on top of pouring in through the wall. I was not aggressive when I spoke to ******, I was assertive. Every time I went to say something she over spoke me. I have my phone records and no one from HSL called me at 2:30 or later. I have a record from AT and T showing every call I received, made and missed and a record of all voicemails. My phone worked for every body else..... I did not tell the supervisor it was "inconvenient" for me to speak. I informed him I was with a client and was booked until 9 pm that evening, with the next availability being 2:30 pm the next day, the 15th. I can assure you I was available with my phone on and the supervisor dropped the ball and did not call me. And you would think that a follow up call stating he was unable to get a hold of me would have occurred, which it didn't because he would have known I knew he had not called. My son did not apologize for my behavior as my behavior was appropriate. The bottom line is this apartment has a history of flooding, before us and will surely flood again. If we had been told it had a history of flooding we would not have taken it. ****** seems to think that it is ok to be out of a place to sleep for a week at a time because she'll put a blower in the room. We should have been compensated for the lost use of the apartment or relocated to another apartment. None of this ever occurred or was offered. I'm willing to bet the next tenant is not told of the apartments history. As for the mold, A settling technique was used and the mold spores are airborne. You can't see them. They grew in the petri dish and I have a laboratory confirmation of this. The reason there was not carpet tack board was because it had long since rotted away due to moisture. I have extensive video, pictures and audio documentation to back all of this up. A business cannot ethically or reasonably expect tenants to continue to live in an apartment that floods on a regular basis. And there is an obvious history of this apartment flooding. It is unhealthy and extremely inconvenient, also costly when you take in to account you can't live in it while waiting for management to perform their duty. This is not about the people working at HSL. I think my son and his wife enjoyed the property until it began to fail on them. This is about business ethics and ego's getting in the way of making sound business decisions. I do not see a judge deciding against us or for them. There is documented evidence, along with professional recommendations in writing to support our complaint.
Final Business Response
The Drain spout was reattached on the day of the first rain. Pictures were taken the following day. The down spout was later broken loose either by a pedestrian or someone with malicious intent
No report has ever been provided to the property from a building inspector.
Since the person that indicates no apology was made was not present at the time when he made an apology in front of multiple employees we do not see how she would be able to make this statement.
In reference to mold being grown in a Petri dish the results have never shown to the property.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
This is ridiculous posturing. First of all, the down spout was corroded. The repair was a pvc round pipe sloppily pushed back on to a corroded rectangular pipe and expected to hold. No rivets, no clamping were employed to hold it to the down spout, which pictures will show is too corroded to attach to. Also, water will move any screws as the screws are screwed in to nothing to hold to. The 6 or 7 foot pvc pipe was not grounded, no "u" style down spout bracket or even a basic cinder block support was not used to hold the pipe in place. A three year old could have removed it. It would not take malicious intent to move it. Why would any one walk there when they could walk on the pavement. The simple fact is, the repair, like the plastic bags attached to other down spouts to "redirect" the water on the same building, was a stupid way to fix a much larger problem. The water saturates the area and comes up through the ground. This particular branch of this company cannot be trusted. They did not disclose this reoccurring problem, they are not immediately affected as they don't live there and the bottom line is they do not care. Although I can prove EVERYTHING I have said in court, the thing is, folks, even if I were wrong, which I'm not, a customer may not always be right but they deserve the right to the best service. Foothills management is a joke. Please notice they do not argue the supervisor did not call me; how could they? The phone records indicate he did not and has never tried to call me since. They lied, in writing, to the BBB and I can prove it. Also note, they did not fix the crack in the wall where the wall has busted open due to prolonged history of water damage. We put in writing on the 10th about the mold and what the professional ( key there) said about the drainage issue, recurrent flooding and strong smell of mold/ mildew. ****** came down and checked herself, per her own words. Did she order a mold test? NO. Is she a mold expert? Obviously not, as many dangerous molds are airborne. They cannot be seen, but they can be smelled. The inspector told me it would take 5 days to run the test and at least ten days to mail it and get the results back. ****** expects my family to live there in unhealthy , nasty smelling water drenched conditions while we await the results. My son told her he has sinus issues, that he had sinus surgery to enlarge them and he CANNOT be exposed to mold. Her repairman is not a licensed, bonded building inspector. Did they have one come check it out? She said she would on Friday and never did. If they had told us this apartment floods on a regular basis, which we have proof of, we would not have taken it. Lack of disclosure....lack of integrity.. My job is not to order a building inspection, pay for it myself because HSL Foothills Apartments are too cheap, and then supply it to them. We told them what the inspector said. They should have done what they said they were going to do. I had the inspector come because I knew they were betting they could bully their way, not spend a dime, and then try to reinforce a rental agreement, knowing all along this apartments flooding history. My daughter in law recorded the conversation. ****** said she would get a carpet cleaner out there Friday. Tuesday following they still had not been called. She stated they would lay down new carpet tacking (which goes around the edge of the carpet, which was needed because the other had rotted away due to exposed water exposure. DUH) We have video/ pictorial documentation along with the building inspectors report, which we paid for, which indicated the room was saturated. The carpet guy came in and placed a fan. Don't you think they should have removed the queen size bed which held 1/3 of the carpet down on top of a thoroughly saturated pad? HSL, ****** and her supervisor can say all they want. The proof is in the evidence, which I have meticulously gathered to substantiate all points. Now lets say, for another perspective, we had gone to ****** and she said (mind you this is a fantasy play out of a more professional way of dealing with this) she would say "I'm sorry your are experiencing this. Let's sit down at my desk (could I offer you a glass of water) and see what we can do to make this right." There was no offer of any kind. My son would have been happy to move to another apartment. I have been in the diamond/ jewelry business for 25 years, in management. When I said I'd take care of a client, I did so. I didn't run around and make excuses. If a jewelry item failed I took care of it. My client didn't blame me. They may have been disappointed in the product but they always trusted me to make it right. I am not here to instruct ****** and her supervisor in negotiation decorum. But I will tell any one looking at HSL Foothills 2 words: THINK TWICE. You would think after a couple months of this someone in management would have called me. Does upper management even know? Does the new tenant know? Do you think someone at HSL, and not the supervisor or ******, would like to see my documentation? It will stand in court. There are presidences out there where clients have overcome the contract due to negligence. We will prevail because we are right. I would also like to say that ******, when my son turned in the intent to vacate, was informed she should be dealing with me, his and his wife's legal power of attorney holder, and she continued to say "you mean your mom? " several times, in a demeaning way. That is bullying. And we have an audio recording of the conversation. She stated she had the right to fix the problem. That indicates she realizes there is also a responsibility to fix it. What he meant was I hold his power of attorney. I protect his rights. It does not matter that I am the matriarch of the family. If I do not hear from someone higher up in the company with in 2 weeks we will proceed to court. But I will offer them the opportunity, before, hopefully to advert litigation, to see the evidence which supports everything I report. If we need to proceed to court I will ask for rent return, inspections reimbursed, attorney fees and punitive damages for failure to disclose an unsafe rental unit due to sheer greed, putting my family at risk. I will spread the word to every soul I speak to to avoid Foothills Apartments and will post my evidence on Facebook, after a judges rendering. What will it take to expedite our customer service?