ComplaintsforHolland Residential

• Initial Complaint

  11/11/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  I terminated my lease early due to Milehouse's failure to abide by its statutory obligation to provide me with the quiet enjoyment of my apartment. Per my lease, Milehouse should have effected the payment of any lease buy out fees no later than 60 days after I provided notice. Milehouse failed to live up to its contractual obligations. Believing that Milehouse has chosen to forego the lease buyout requirements in recognition of the h*** they put me through for months on end, I dedicated those funds to other projects. After its opportunity to collect the fees had passed, Milehouse nonetheless sent me a statement for the full charges. This is not allowed under the lease. The only remedy for failure to meet the buy out provisions is continuation of lease which is nonsensical at this point. I believe Milehouse has waived their ability to collect any lease termination buy out fees and I reasonably requested them to adjust my move out statement accordingly. Milehouse has failed to do so. I am hoping BBB will be able to help us resolve this issue. Thank you kindly!!

  Business response

  01/12/2023

  Below I have the details and response in regards to the complaint filed by **************************** 
  
  *************************** moved in at MileHouse on 2/21/2022 with a 12-month lease ending on 02/20/2023. Not long after she moved in, she began complaining about her upstairs neighbor having heavy footsteps during late nights and early mornings in March of 2022. Our on-site management team addressed the noise complaints with her neighbor directly. Our office also employs a full time overnight courtesy patrol that is on-site for patrol and to address noise concerns. Our courtesy patrol can be reached 24/7 by phone and will respond to any resident concern. We instructed ************** to contact our after-hours courtesy patrol to help mitigate the issue in real time and that our patrol team would document noise created by the neighbors so our office could address.  
  
  Our courtesy patrol had been dispatched by ************** on more than one occasion and was unable to hear or verify the noise reported. When contacting her upstairs neighbors they assured our office they were not walking heavy and would be more mindful. No evidence gathered by our office supported that **************** upstairs neighbor created an unreasonable amount of noise. To further assist **************, our office offered her the opportunity to transfer to another apartment home at MileHouse or its sister property next door, The Den. At the time we did have top floor units open for her to move to. We offered to waive the $1,000 transfer associated with mid-lease transfers and invited her to the office to discuss possible options for her move. 
  
  ************** declined the offer to transfer and continued to stay in her home for several months without further incident or complaint to our office. It was not until September of 2022 that she ultimately decided to terminate her lease contract and used the noise as the reason. Again, our office had not heard from her in several months about the noise. ************** also did not escalate the complaint to corporate management (myself the Regional Manager). She submitted her formal notice to vacate on 9/5/2022. Our team responded back to her notice to vacate on 9/6/2022 with the message below: 
  
   
  This clearly states that the lease termination fee of $2,976 was due well before her move out. Pervious communications also reference the termination fee due. At no point did ************** question or try to argue the termination fee was not owed.
  
  After moving out on 11/2, ****************** Security Deposit was reconciled, and she confirmed receipt of her final statement on 11/8/22. She inquired about the final utility bill but did not question her termination fee. See the messages below for confirmation:
   
   
  ************** began disputing the termination fee on 11/9/22 as she felt that we had not invoiced her for the amount within 60-days of her providing her notice to vacate. Her lease has no stipulation regarding a timeline for the buy-out fee to be charged, however, her ledger confirms that she was charged the buy-out fee on 11/3/22. The lease agreement states that it is residents responsibility to pay the fee within 60 days of providing notice. ************** did not pay in that timeframe thus the termination fee was billed to her final ledger reconciliation. The property manager responded to her dispute on 11/10 with the message below:
   
  Below is a screenshot of the Lease Buyout Agreement originally signed by ************** 2/16/22.
   
  
  Based on ****************** signed lease contract and the clear communication from the property's on-site team, it is our position that ************** is responsible for the lease termination fee as listed in her lease contract. ************** knew she was terminating the lease early and the fee would be due. She elected to give notice and vacate regardless and now arguing the fee after the fact. The lease was terminated early and MileHouse charged the fee. MileHouse on-site management responded to each of the noise grievances and worked to resolve them in a timely manner. There is no evidence to support that MileHouse failed to its statutory obligation to provide me with the quiet enjoyment of my apartment. ************** also states in the compliant Believing that Milehouse has chosen to forego the lease buyout requirements in recognition of the h*** they put me through for months on end, I dedicated those funds to other projects; MileHouse never communicated that it agreed to waive the termination fee for any reason. MileHouse also argues against that it forego the lease buyout requirements in recognition of the h*** they put me through for months on end. ************** only complained of noise from her neighbors on a few occasions. No other complaints about the community were filed by **************. This hardly substantiates MileHouse putting her through h*** or any reason for MileHouse to waive the termination fee. Our office also provided her other options to move, yet she moved out knowing the fee was due. Based on all the facts above, MileHouse and Holland Partner Group maintain the position that ****************** complaint is illegitimate and the termination fee remains due. We kindly ask that ****************** complaint be removed from BBB. Please let us know if you will require any other supporting facts before the complaint is removed. We very much appreciate your help and consideration. 
  
  ***************************
  Regional Property Manager
  Mobile: ************
   
  Holland Partner Group 
  600 ********************************, Suite 700
  ******, ** 80246
  www.hollandpartnergroup.com
  

  
  

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