ComplaintsforThe Apartment Gallery

• Initial Complaint

  05/05/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I had to break my lease and seek tenency elsewhere for a first floor apartment as I am unable to clumb 2 flights (32 stairs) to third floor apartment for 6 months from 8 hospital stays and illnesses that caused massive muscle loss & deconditioning. (Dr's nores provided) ***** *****, ******** ***** employed by The Apartment Gallery management co caused extreme hardship during this entire ordeal trying to swindle away my $3,146.00 deposit without legal cause. After filing a complaint with the MD Attorney general, they conceeded charging breaking lease 2 month fee, after quoting the law they cannot charge this fee if they rent it out and receive rent for same time period they are charging me for broken lease rent. They lost no money. But they have now sent me a deposit return of only $762.07 when it should be $2,248.86 Wrongful charges on Final account statement: 1) incorrect interest of $98 on original deposit of $3,146.00. It should reflect 1.5% monthly interest or $47.19 X 18 months = $849.42 2) Wrongfully charged an NSF fee $35 for last month's rent after they deducted it illegally from my bank account automatically without authorization. After I filed dispute with the bank, the debit was reversed and the last month's rent was paid from deposit they had in their bank account for 18 months. 3) Bogus $80.15 late month payment for same reason as above. 4) Their moveout Inspection statement shows Zero charge for any carpet. all other selections to check off are blank (replace, repair, clean, other) Photos of Second bedroom are attached. They cannot indescriminebtly charge $622.00 carpet replacement just because they want to replace carpet that has furniture or box indentations which are NOT excessive wear or damage and is not cause for replacement congruous with Moveout inspection sheets. Disputing return depisit of mere $762.07 Return deposit should be: $2,248.86

  Business response

  05/15/2023

  Deductions were made from the security deposit on hand for damages beyond normal wear and tear as allowable under Maryland Law.  An itemized final account statement was provided to the consumer as required.  Deductions made for damages include replacement of carpet in two bedrooms.  Wear and tear age was deducted from the replacement cost of the carpet before the replacement amount of $622.00 was charged.  The general life expectancy of carpets within our company is seven years, or 84 months; an age of 36 months was applied for this calculation.  The determination to replace the carpet was not made due to the furniture indentations as the consumer believes, but rather was replaced due to actual damage sustained, presumably from the dog that resided in the home.  We have attached photos of damages in the home.   
  
  As the screen shot provided by the consumer accurately indicates, security deposit interest is calculated on an annual basis.  I believe the consumer is misunderstanding this calculation to be an annual rate assessed monthly, however.  The State of Maryland provides a resource tool through their government website so that Landlord’s may correctly calculate interest payments.  This tool has been utilized and the calculation has been reviewed again at this time.  The interest paid on the Security Deposit held for 18 months is accurate and within the legal requirements. 
  
  The consumer has made previous claims that an ACH Debit transaction is disputed dated 3/1/23.  He claims that this payment was not authorized.  Our records indicate that the leaseholder or someone on his behalf, authorized this transaction through a Recurring Auto Draft that was scheduled for 2/28/23 from his Active Building Resident Portal account.  A stop payment was then issued by the leaseholder or someone on his behalf, on 3/16/23 to reverse this payment.  Rent was unpaid at the time of move out and lawfully owed for the month of March 2023 for the days that the unit was occupied.  As possession was not returned to the Landlord until March 29, 2023, rent charges are applicable in the amount of $1,537.94.  This amount has been lawfully deducted from the security deposit on hand, along with the standard 5% late fee and a $35.00 returned payment fee as a result of the stop payment.  Both the 5% late fee and the $35.00 returned payment fee are listed in the lease as a consequential result for paying rent late and executing a transaction resulting in return payment.

• Initial Complaint

  05/03/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I recently moved into one of their apartments. The apartment was not cleaned at all before I moved in. As I was beginning to do my own cleaning I discovered dead bugs, dirt and grim in the cabinets, broken and water damaged cabinets, holes and cracks in the walls. As well as dirty windowsills and floors. I went to office to see if cabinets could be replaced. They advised only broken cabinets since most of the issues as cosmetic. I also explained the apartment was not cleaned at all before I moved in. This should be done before it becomes available.

  Business response

  05/03/2023

  Good afternoon,
  
  All concerns shared by ******************** have been addressed or are currently being addressed.  Anything we considered cosmetic wear and tear and was not replaced has been notated on her move in inspection form to ensure we have record.
  
  Our staff has offered twice to clean the areas that ******************* has concerns over and both times she has refused.  This apartment was professionally cleaned prior to her move in. 

  Respectfully, 

  ******************

  Property Manager

• Initial Complaint

  05/03/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  On August 25, 2022, my husband and I moved out of ******************* Apartments in Virginia Beach, VA, which is managed by The Apartment Gallery. After moving out, we received an invoice in the amount of $1509.00 (September 19, 2022) claiming that we were being charged for damage to the carpet in the entire apartment and other items. On September 24, 2022, I sent them a letter disputing these charges because we did not cause damage to the carpet. I requested evidence of such damage and evidence that an attempt had been made to clean the carpets (which is a landlord's responsibility under Va. law). In response, they sent me some black and white pictures that did not show the damages they were alleging, and no evidence of an attempt to clean the carpets. In my letter to them, I also pointed out that even if we were responsible, the amount would not be a full replacement cost of the entire 3-bedroom apartment as the invoice stated, but would be based on the extent, cost, life expectancy, and other factors. Their response to me was that "the amount was already prorated" with no information about original cost or breakdown of how it was supposedly prorated. I also believe that if the carpet was damaged, it was more than likely due to leaks in the roof/siding that we would not have been aware of, and not caused by **. I have pictures of the apartment that I took prior to moving out, and the entire apartment was cleaned thoroughly and the carpets were vacuumed thoroughly and appeared in reasonably clean condition. I also have records of a maintenance request that I submitted in 7/2021 because of water pouring into the ceiling and wall of our apartment. The roof was replaced months later, but the interior water damage inside our apartment was never repaired. Rather than correct this, ******************* sent the account to a collections agency: *** ******** **** ********************************************************************* This company has now reported negative information on my credit report. I contacted the collection agency by letter on November 29th, 2022, and again on December 30th, 2022, explaining that this charge was not justified and requesting that they cease collection efforts. They reported the collection account and an additional $500.00 for fees, totaling $1909.00 to at least 2 credit bureaus on March 10, 2023. I have disputed these with the credit bureaus, but that has not been successful. If this were to be heard in a Virginia Court, I do not believe that ******************* would be successful as we did not cause damages they allege and I have evidence that shows that, but I have no desire to file a suit against them for the $30 remaining of the security deposit after they charged over $450 for a bs insufficient notice fee (35 days) on top of the carpet. I believe that they count on most people just paying it in order to avoid collections because that helps their bottom line. I'm not paying for damages that I did not cause. I just want this off my credit report.

  Business response

  05/03/2023

  The residents in question vacated the property on August 24,2022.
  After the move out inspection was completed and the Final Account Statement was mailed out, we received a letter from the former resident disputing all charges on their Final Account Statement and requesting that evidence of the damage and evidence of an attempt to clean the carpet be sent to them at their forwarding address. On 9/30/2022 our office emailed the photos of the damage and the report from the carpet cleaning company to the former residents. The photos that were emailed were color photos. These items were also sent via USPS to their forwarding address on 10/04/2022, as they requested. The photos that were mailed were black and white. We waited several weeks and did not receive a response to those items being provided, so the account was forwarded to collections as stated in their Final Account Statement.
  The carpet in question was stamped with a manufacture date of July 12, 2020. It was installed in the apartment on August 8, 2020. The apartment remained vacant until the resident in question moved in on 09/20/2020. Upon move out our maintenance team noticed stains on the carpet, as well as wear that was inconsistent with the age of the carpet and contacted a third-party carpet cleaning company for an evaluation. The cleaning company inspected it and recommended that the carpet be replaced due to permanent stains and excessive wear. The charge for the carpet replacement was prorated based on the age of the carpet at the time it was replaced and the life expectancy of the carpet in our units. At no time did the former resident ask for any explanation on how we arrived at the prorated amount. We would have been happy to provide this if asked.
  The roof leak that occurred in July of 2021 did not affect any of the flooring in the apartment. Roof repairs were done by a roofing vendor and some drywall repair was done inside the apartment, but there was no carpet damage. The leak was reported in the pantry area, which did not have carpet.
  We’ve provided the former resident with all documentation that they’ve requested. On December 7, 2022 we received a letter from the residents demanding that we make no further attempts to contact them. 
  I've attached a copy of the carpet inspection report. 

• Initial Complaint

  03/14/2023

  Complaint Type:

  Product Issues

  Status:

  Resolved

  More info

  On 22-December 2022 at 2:51 P.M. I sent email notice to ********************* to vacate my apartment on 20-February-2023.I received email notice from ********************* on 27-December-2022 at 9: 38 A.M. that she had processed my notice for move out on 20-February-2023. Showing my rent prorated from 1-February 20-February-2023 thus creating a zero balance due.Originally I had my walk out inspection scheduled for 20 February 2023. I called and spoke to ***** to request to complete the walk thru on 7-February asking if this would be an issue. I was told No and told that I would then need to turn in my keys after the walk thru.On 7-February-2023 at 10:00A.M. I met with the Maintenance Manger to complete the walk thru. I was informed that I would be charged three blinds and the drip pans for the oven. Due to being ordered to turn in my keys I was not granted the opportunity to correct either issue thus being charged $173.00 for stated issues.On 6-March-2023 I received a bill in the mail for a total of $392.33, $219.33 for insufficient notice fee being for turning my keys in early, at the order of *****.No one in management will provide proof in my contract as to why I have this charge. They have refused to give explanation of damages incurred.On paragraph 44 of my rental agreement, it states that if I move out early all rent must be paid in full prior to leaving which is what I did. There is no documentation of being charged in excess of my lease agreement for handing in my Keys 13 days prior to the end of my lease.I was sent a move out responsibilities document for the first time 12/27/2022 that I did not sign or agree to that she is using as the reason that I am being charged. It only states that if you move out date is above and beyond what I stated that I would be charged. I moved out early not late.

  Business response

  03/15/2023

  Our staff has reviewed this resident account file and move-out charges as well as all previous correspondence the consumer has had with our site and resident account administration team.  Please refer to Paragraphs 3 and 44 of the Apartment Lease Contract.  Paragraph 3 indicates that 60-days notice of the move out date is required, and Paragraph 44 indicates that if the move-out date doesnt comply with the 60-day requirement in Paragraph 3 you will be charged an additional months rent.  A charge was assessed in the amount of $219.33 as an insufficient notice fee, not the full one-months rent that we could have charged.  While the original notice to vacate indicated a 2/20/2023 move-out date, the consumer relinquished possession of the apartment to us on 2/7/2023 by returning keys.  Please also refer to Paragraph 45 of the lease which indicates that the move-out date cant be changed unless agreed to in writing by both parties.  Had the consumer indicated to us prior to 2/7/2023 that there was a change in the move-out date, a new Move-Out Statement would have been provided to the consumer indicating the $219.33 insufficient notice fee.  The insufficient notice fee and rent are two different things.  The lease requires that rent be paid for every day you have possession of the home.  Insufficient notice fee is required because you relinquished possession prior to 60 days from when your notice to vacate was given.
  
  

  We have previously provided the following items to you:  The Final Account Statement (which is the itemized statement of charges), photos of the apartment damages for which you were charged, Apartment Lease Contract.  These items are attached to our response again for the consumer's record.  
  

  All of the move-out charges listed on the Final Account Statement dated 2/27/2023 are in compliance with the lease, and they will not be changed. 

  Customer response

  03/16/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  
  

  This early move out fee does not follow Maryland state law on what can be withheld from a security deposit. You must provide how your business incurred those charges, you cannot just pull a number out of thin air and charge me. There was no loss in revenue from me handing in my keys early since I paid my lease term in full and notified you with adequate time that I would not be renewing my lease. I have attempted to schedule mediation through Maryland court resources to resolve this but I was refused. Below is Maryland state law regarding this issue, please take your time to read it over with your HR team as well as take a look at the entire article. 
  Article - Real Property §8–203
  (4)    If the landlord, without a reasonable basis, fails to return any part of the security deposit, plus accrued interest, within 45 days after the termination of the tenancy, the tenant has an action of up to threefold of the withheld amount, plus reasonable attorney’s fees.
  (f)    (1)    (i)    The security deposit, or any portion thereof, may be withheld for unpaid rent, damage due to breach of lease or for damage by the tenant or the tenant’s family, agents, employees, guests or invitees in excess of ordinary wear and tear to the leased premises, common areas, major appliances, and furnishings owned by the landlord.
  (2)    The security deposit is not liquidated damages and may not be forfeited to the landlord for breach of the rental agreement, except in the amount that the landlord is actually damaged by the breach.
  (g)    (1)    Subject to subsection (j) of this section, if any portion of the security deposit is withheld, the landlord shall present by first–class mail directed to the last known address of the tenant, within 45 days after the termination of the tenancy, a written list of the damages claimed under subsection (f)(1) of this section together with an itemized statement of the cost incurred.
  
  Regards,
  
  *******************************

  Business response

  03/16/2023

  Our company has acted consistently with our policies and procedures that are well within the legal parameters of Maryland Landlord Tenant Law.  It is of our opinion at this time, that no amount of explanation will satisfy the consumer.  We will choose to refund the requested $219.33.  

  Customer response

  03/23/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. Please contact me Via email with final receipt.
  
  Regards,
  
  *******************************
  

• Initial Complaint

  11/18/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I need to have the company return the remainder portion of my deposit. I rented a townhouse from ********************* in Hagerstown a sub division of The Apartment Gallery. I rented from October 1st 2021 to September 29th 2022. The monthly rent is $1635.00 plus a monthly administrative fee of $12.00 and water fee in the amount of eighty to ninety dollars monthly. My move out amount from September 1 to 29 is $1580.50 plus the $12.00 administrative fee according to the invoice which I paid. The company charged me early move out fee of $54.90 because I returned the keys on September 28, and water/sewer of $109.04.I am contesting those two fees because I had already paid my rent to September 29, and I was physically in the home less than ten days in September and could not have used more water than when I'm there a full month. The first part of September. I was on vacation; on the 16th I removed the furnitures I was keeping, and did not return to the home until the 25th when ************** went to take the donated items, on the 28th a moving truck picked up the remaining donated furnitures and all other items in the home, since the home was empty I returned the keys. I have tried to get answers as to why I'm being charged for September 29th since it was included in the rent, and why my water/sewer bill which has not pass ninety dollars since I have rented the home has suddenly became $109.04; and it was never explained to me why I had to pay $12.00 administrative fee every month. Enclosed are the invoice, rent receipt, and move out statement.

  Business response

  11/30/2022

  Our system applies payments to fees in the order of which they are charged.  I have attached an ending resident ledger to show that the amount of $257.94 was an accurate amount of the consumers final balance due.  The final amount of the balance due was lawfully deducted from the security deposit on hand.  This $257.94 is actually comprised of $94.00 damage charge assessment for carpet repair,$49.58 water bill assessed on 9/19/22, and $113.96 sewer bill assessed on 9/19/22. 

  We agree that the contract was to end on 9/29/22, however the resident did return possession of the unit one day prior to this on 9/28/22.  Because of this, an early termination fee was assessed for one day in the amount of $54.90.  This fee was assessed on 9/28/22.  The consumer did make a payment for full rent from the period of 9/1/22 to 9/29/22, but because this charge was assessed on 9/1/22 and then the water and sewer bill were assessed on 9/19/22 the system applied the overpayment of rent to these charges because they appeared on the ledger before the early termination fee appeared.

  The billing for the water and sewer was a final billing for the period of 7/26/22 through 9/29/22.  Billing is assessed as invoices are provided to us from the City of Hagerstown and are based on actual usage.  This amount may seem higher than the billing the consumer was accustomed to because it was for a final two month period rather than the typical one month period.  Notification was previously sent to the consumer on 9/19/22, prior to the generation of the final account statement, outlining the billing period and amounts. 

  The final account statement accurately reflects the deduction from the security deposit in the amount of $257.94.  There is no cause for additional refund to the consumer. 
  

  Business response

  12/05/2022

  As outlined in our two previous statements to the consumer, the amount that was deducted from the security deposit was not related to rent.  With both responses, information specifically detailing the balance due has been provided.  There is nothing further to explain.  

  Customer response

  12/07/2022

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

       I am taking this complain further. What are my options now.
  
  Regards,
  
  ***********************

• Initial Complaint

  06/21/2022

  Complaint Type:

  Billing Issues

  Status:

  Unresolved

  More info

  am being charged the rest of my term lease $ along with usual and customary repairs that would normally be done for a New tenant to reside in the apartment I did not violate my lease I verbally and in writing notified the apartment manager 90 days in advance After years of living with neighbors that did not follow the guidelines presented in the lease it was time to leave especially after having to sign a New Lease with a 90$ increase with Only 30 days notice, I asked for an extension but was denied being advised by the property manager, April C*****, 30 days is sufficient notice, so we signed . ( My Husbands Health was not always good complicating Us to moving out of this situation ) There were times our neighbors would heavily smoke pot and other substances sometimes so strong it would burn my eyes and cause shortness of breath we would have to sleep with the windows open even in the dead of winter Manager was informed , she advised us to call the police , the police would advise us to call the property manager this was a constant and viscious cycle , Never having resolution. My husband then kept track even involving the local narcotics unit only to find one day the door had been busted down and the apartment raided by police.. Tenants dogs would bark all hours of the day and night Tenants would loudly argue day and night slamming doors Tenants dogs would deficate on common areas and would not be cleaned up This was very frustrating , stressful and unhealthy New tenants moved in same scenario only difference one tenant was on house arrest This was during COVID when everyone was stuck at home it was way too much to take , there was no way out I again asked the apartment manager to be released from our lease so we could find a healthier and cleaner place to live , advising her we could no longer stay here in these conditions. I reached out to the regional manager via phone and email ( Brennan K******** ) for the complex asking for a sit do

  Business response

  06/23/2022

  We strive to provide a suitable home for all residents equally. It is obvious that **************** was not satisfied with her stay at our community, but we are confident we treated her the same as the hundreds of other residents who continue to choose living at our community.  We wish her well with her next living accommodations.

  Customer response

  06/24/2022

  [we were not satisfied with our stay for the last 2 years we brought our concerns to the managers and the regional manager and felt as though we were ignored
  The regional manager has yet to communicate with US
  My biggest concern is the lack of time given to renew our lease only 30 days with a large increase Md requires 90 days , we had to move due to the unhealthy environment which was ignored I did not violate my lease I gave plenty of notice to move I do not owe the money you are charging Me
  Please adjust this amount and remove from my credit report A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  
  Better Business Bureau:
  
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  
  Regards,
  
  
  ***********************
  
  

  Customer response

  07/12/2022

  Unfortunately We disagree Our concerns fell on deaf ears, We lived in conditions that were not acceptable and broke many regulations in the lease we signed,( see attached documents ) We were due for a lease renewal which We had to call and ask for , the New lease gave us 30 days to sign and renew ( Maryland Law requires 90 days giving the tenant time to to find a new home or rearrange financing ) attached to the new lease was a 90$ increase , We asked for an extension but the extension was denied , "30 days is sufficient time " my husband's health was challenged so we stayed keeping options open to move hoping his health would improve ( this was during the height of the pandemic ) in the spring I verbally notified verbally and in writing we would be leaving in June would the work with US , allowing Us out of our lease , We were told No I asked to speak to the regional Manager Mr K******** so he could hear our story and hopefully work with US I called sent several emails to Mr K******** with snow reply , I advised we could not stay we had found a healthier place to stay this was in March ..The Apartment Gallery is charging Us for breaking Our Lease, We did not violate the Lease We have sufficient notice , even asking for the Apartment Gallery to work with US they are charging Us for normal repairs and maintenance that would be needed for Any New tenant to move in ..Standard of Care especially during a pandemic Wr Do Not Owe these Monies The Apartment Gallery forfeited the lease when they did not provide a safe and clean living environment but mostly when they , The Apartment Gallery issued a lease renewal with a 90$ increase with just 30 days notice To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  
  Regards,
  
  ***** ******
  

  Business response

  07/13/2022

  We have nothing further to add to previous responses. 

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