Landlord Complaint Record: #20-0814

Lakeside Vista Apartments    |    Nicole Simms    |    Kennesaw    ,    Georgia     Landlord Complaint 20-0814


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CASE CLOSED MET MINIMUM REQUIREMENT Oct 6, 2010


REQUIREMENT MET: After mediation it has been determined that the landlord met the minimum requirement for this complaint.
 



Case Number : 20-0814 Filing Date : Sep 3, 2010
Investigating Agent : Kept Private Case Disposition : Met Minimum Requirement
Complaint Level : Code 5 Landlord Response : Case Closed

SUPPORTING DETAILS
Type Title / Link Posted By Date Uploaded Comments
upload Kept Private RPA Mailing Center The following attachment is a copy of the mailed complaint notice that was processed and sent out the Landlord/ Manager.
upload Kept Private RPA Mailing Center The attached file is a copy of the 2nd written notice that was printed and mailed to the landlord/ manager.
upload Kept Private RPA Mailing Center This is the 3rd and final notice that was sent to the landlord/ manager. This is the final attempt / notice to request an immediater resolution to the complaint. I has been processed for mailing.

LANDLORD / MGR : Nicole Simms RENTER : Kept Private
Property Name : Lakeside Vista Apartments      
Address : 2100 Ellison Lakes Drive NW Address : Kept Private
City, State - Zip : Kennesaw, Georgia - . City, State - Zip : Kennesaw, Georgia - .
Phone : Kept Private Phone : Kept Private

COMPLAINT : Breach of Agreement
Fair Resolution according to renter :
  1. I want to be upgraded to a ground floor 2/2 @$719.00 as I was quoted

RENTAL DETAILS
Address               :   2100 Ellison Lakes Drive NW #1414
City, State - Zip   :   Kennesaw, Georgia - 30152.

COMPLAINT DETAILS (from renter)

After several emails between myself and property manager Nicole Simms. I abruptly received a certified letter advising that they would not renew my lease at 09/20/10. Prior to this, I had started communicating with Nicole reguarding a upgrade to a 2 bedroom apartment. I advised her that I was to do this for two reasons. The first reason was because I needed more space and the second reason is due to my unrulely neighbors across the hall. I advised Nicole that everytime I walk past my neighbors door they open it and let there dog come running out without a chain. And I believe they are doing it on purpose. I advised Nicole that I suffer from a medical condition and this trama was causing it to filar up. I advised Nicole that I would be willing to pay the $250.00 transfer fee with no problem. During the first week in August 2010, Nicole emailed me at work advising that they had a apartment available and when did i want to move. I was out to lunch when the email come through and when I got back and responded advising her that I wanted to move ASAP. All of a sudden, they didn't have anything. The status changed in a 30 minute period. Three days later I get a cerified letter advising that they didn't want to renew my lease and there was no other explanation listed. I have lived at this complex for 4 years. I have always paid on time and have been a model tentant. I believe Nicole Simms actions were based on race and because of my medical condition (disability).

LANDLORD / TENANT RESPONSES (1)
From Date IP Address Response
Renter Oct 5, 2010 98.251.7.30 Please close case per already have contact federal and state HUD agency as well as filed a civil claim.

INVESTIGATING AGENT - REMARKS (30)
Agent Date Response
Agent Oct 6, 2010 CASE CLOSED: Tenant has moved forward with further legal action. This case is now closed.
Agent Oct 4, 2010 3 DAY CLOSURE: This case is expected to close within 3 days. Both parties are invited to respond with final statements.
Agent Oct 4, 2010 CASE CLOSURE: Mediation is no longer applicable as neither party can come to an agreement.
Agent Oct 4, 2010 MEDIATION FINAL: Tenant is clearly upset and feels she should be entitled to another unit. Management remains firm that there are no other units and that the tenant terminated her lease.
Agent Oct 4, 2010 NO AGREEMENT: Management did not provide a contractual agreement to rent or renew lease for the tenant. Management states that there are no units available for the tenant so, the initial lease cancellation is in effect. Management cannot rent an apartment that is not available.
Agent Oct 4, 2010 EMAIL OVERVIEW: The email conversation provided by the tenant do show that there was a cancellation of lease. But, that management and tenant were looking into making other arrangements to rent a different unit. Landlord did state that transfers are rarely done.
Agent Oct 4, 2010 Email 8: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Tuesday, August 03, 2010 3:26 PM To: Winnie Johnson Subject: RE: Yesterday's Letter Ok well it looks as though Deborah has rented this one already, plus I do not think it’s getting new carpet so we will keep looking for a cancellation. The rent on the 2 bedroom conventionals are 799.00 and tax credit are 719.00. prices are subject to change. Nichole Sims Property Manager Lakeside Vista Apartments (678)581-5255 (678)581-3755 (Fax)
Agent Oct 4, 2010 Email 7: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Tuesday, August 03, 2010 12:15 PM To: Winnie Johnson Subject: RE: Yesterday's Letter Ms. Johnson, I noticed you paid your rent for August, even though you were scheduled to move out on 7/31/2010. Are you still moving? Or are you staying in that unit till the end of your lease stated by your contract? Also I have a 2 bedroom on the ground floor that cancelled the application so it is now vacant and available to rent. Please let me know, what your intentions are. Nichole Sims Property Manager Lakeside Vista Apartments (678)581-5255 (678)581-3755 (Fax)
Agent Oct 4, 2010 Email 6: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Tuesday, July 20, 2010 12:11 PM To: Winnie Johnson Subject: RE: Yesterday's Letter Just because an apartment is vacant does not mean it is available. I have rented several apartments in the last seven to ten days days and as of right now I have no 2 bedrooms on the first floor available if you would like to come in I can give you a list of what is available to rent at this time.
Agent Oct 4, 2010 Email 5: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Tuesday, July 20, 2010 12:11 PM To: Winnie Johnson Subject: RE: Yesterday's Letter Just because an apartment is vacant does not mean it is available. I have rented several apartments in the last seven to ten days days and as of right now I have no 2 bedrooms on the first floor available if you would like to come in I can give you a list of what is available to rent at this time.
Agent Oct 4, 2010 Email 4: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Tuesday, July 20, 2010 11:37 AM To: Winnie Johnson Subject: RE: Yesterday's Letter 719-799 I do not have any on the first floor for 60 days out from today
Agent Oct 4, 2010 Email 3: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Monday, July 19, 2010 5:16 PM To: Winnie Johnson Subject: RE: Yesterday's Letter The transfer fee Is 250.00 and we do not have any on the bottom floor. Please come by so we may start the paperwork for the 2 bedroom transfer. If you are set on a bottom floor you may have to wait till one comes open at a later date.
Agent Oct 4, 2010 Email 2: From: Nicole Sims [mailto:managerlakeside@vistarp.com] Sent: Wednesday, July 14, 2010 10:35 AM To: Winnie Johnson Subject: RE: Yesterday's Letter Ms. Johnson, We have a very strict on site transfer policy, we do not allow resident to transfer on site unless there is a medical issue, family change etc. Once I discuss with the resident the reason for the transfer then I have to walk the original apartment to see if there are damages. If there is, all monies must be paid in full before the transfer is allowed to occur. If you have a pet the pet fee, this must be repaid for the new location. There is a transfer fee that has to be paid that is in lieu of a lease cancellation fee. A written notice must be submitted to management. A whole new application must be filled out and you must qualify for the new apartment with income guidelines. If you wait till September 20th and transfer at the end of your lease then there is no transfer fee. Otherwise a 60 day notice in writing is required per your lease agreement prior to you moving. If you do not stay until the end of your lease there is an insufficient notice fee that will be charged. If you have any other questions you can contact me at 678-581-5255 Nichole Sims Property Manager Lakeside Vista Apartments (678)581-5255 (678)581-3755 (Fax)
Agent Oct 4, 2010 Email 1: Dear Ms Johnson, I am in receipt of your letter our office. It is our wish not to renew your lease agreement. It is our choice as stated in the lease agreement to either renew or non-renew. We have opted for the later. You did give us notice to vacate but then choose to stay. Our election to non renew is based upon your behavior to the staff. Should you wish to discuss this further, I am available this week. Please let me know a good time to call. Sincerely Holly Berney Vice President of Property Management Vista Realty Partners Sent from my iPhone=
Agent Oct 4, 2010 TENANT LANDLORD EMAILS: Tenant did send the agent a copy of emails, however tenant failed to upload to the case as requested. Agent will arrange to have the emails sent to agent converted and uploaded to the case as the tenant did not do so.
Agent Sep 29, 2010 TENANT CONTACTED: Agent has emailed the tenant and requested that the emails be uploaded to the case so that the landlord can also respond.
Agent Sep 29, 2010 TENANT EMAIL:(copy) The information that Holly provided is false and I have emails to back up the information I provided. Please send me your email address so I can forward you this information.
Agent Sep 20, 2010 FINAL RESPONSE PERIOD: Agent is providing both parties with 1 week to create final statements. Agent will review statements to determine if further mediation is applicable.
Agent Sep 20, 2010 LANDLORD CONVERSATION: Agent has had an in depth phone conversation with Holly Berney concerning this complaint. The manager has been very prompt and eager to resolve the complaint. Holly has informed the Agent that the property is primarily a tax credit property and that transfers onsite are rarely done. However to accommodate the tenant management did initially make arrangements to allow the tenant to move into another unit which required her to re-qualify. Manager states that the tenant failed to provide the required documents for qualification and chose to rent the unit out to another tenant. Landlord further states that the tenant, Nicole, ended the lease at her own choosing and failed to move out. Management is not will to offer another lease.
Agent Sep 17, 2010 RETURN CALL: Agent has left another message for Holly Berney. Agent have provided an overview of the complaint and requested a response as to whether they are willing to provide the tenant with an alternate unit. Pending Response...
Agent Sep 17, 2010 CALL BACK: Holly Berney promptly returned my phone call and left a voicemail. Their offices have moved, thus causing a mail delay. Agent will contact landlord again.
Agent Sep 16, 2010 FOLLOW-UP CALL: Agent has contacted Holly Berney (Manager) to request an immediate response. Agent has informed management that a written notice was already mailed and has past the alloted response time-frame. Agent has requested an immediate response, within the next 3 business days. Pending Response...
Agent Sep 16, 2010 PAST DUE RESPONSE: Landlord has been provided with a reasonable time-frame to respond but has not. Agent will follow-up with management to request an immediate response.
Agent Sep 4, 2010 CERTIFIED MAILING: This case is being sent via USPS Certified Mail: 7009 2820 0000 7830 7902 A duplicate Mailing is also being sent via USPS First Class Mail in case the landlord refuses to sign for Certified Mailing.
Agent Sep 4, 2010 LANDLORD RESPONSE DATE: Landlord is expected to respond no later than: SEPTEMBER 13, 2010 by 7PM
Agent Sep 4, 2010 MAILING PREPARED: Agent has prepared case for mailing.
Agent Sep 4, 2010 COMPLAINT NOTICE: Agent has prepared an official complaint notice and will be attaching the notice to a bonded copy of the case. Pending Mailing...
Agent Sep 4, 2010 CASE REVIEW: Agent has reviewed the case and is preparing complaint notice and paperwork.
Agent Sep 4, 2010 CASE ACCEPTED: Agent has accepted the case and is will be reviewing the case details.
Agent Sep 4, 2010 CASE ASSIGNED: An RPA Agent has been assigned to mediate this case. Pending case acceptance.