Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business.

• Initial Complaint

  Date:06/09/2023

  Type:Product Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  The lease of unit#** on 119 University Avenue E was defacto terminated by the landlord (The landlord has asked tenant to move out ) because it has renovation. Have requested the landlord to return the 3 month deposit since May. *** ******** *** *** ******** ******* ****** ****** ***** ***** ** ***** **** ***** *** ****** ** ***** *** ****** ** ***** ******* *********** ******* ** ** *** ****** *** *** ***** *** ****** **** ** ******** **** **** **** *** ****** ** ****** **** ******** **** ***** *** ******** **** ** ********* *** *******. They don't under English very well. They thought * **** **** ***** ***** *** they can take that money. No way! Today sent the email notice to them asking them return the deposit by Sept. 8 ********* ***** **** ** ***** ****** ******* ***** **** **** *** **** *** *** **** ** **** * *********

  Business Response

  Date: 21/09/2023

  As the property manager at 119 University Ave E., N2J 2W1, Waterloo, Ontario. I’m here to clarify the complaint. Here is the timeline,

  January 18th, 2023. ****** *****, the owner of ******* ******, signed a three-year lease with our realtor representative, **** ****.
  January 19th, 2023 - February 28th, 2023 is the free rent period based on completion of the three-year lease.

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

  The place is specifically for “art education” only. Whereas, the other tenants have complained several times that ******* ****** has music rehearsals during normal business hours, and they are on the top floor, once the drums and guitars are on, the whole building rocks. On March 16th, the tenant below their unit finally made a phone call to complain about the situation. I personally reached out the *** ***** off the record, I told her about the usage of this unit, and that such noise is not tolerable in public business areas, if there is a next warning we have to terminate the lease. 

  Rent shall be payable on the “1st” day of each month commencing 03/01/2023.
  We have received “the first and last two” month’s rent and HST.

  So I don’t quite understand the request to return the three months of deposit part, as the first month is used towards the rent for March 1st, and ******* ****** delayed giving postdated cheques for the 1st year.

  On May 8th, 2023, 7:51 am, I received a call from ***** ******** stating that the fire started from the bottom left side of the building. All units are affected, including Units ***** as ******* ******'s unit shares the same ceiling and all the insulation is damaged. ** ********* * ** ******* **** ** *** *********** *******
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  *** * **** **** ****** **** **** ** **** ************

  The Fire Department of the City of Waterloo, and the insurance company do not advise anyone to operate a business in this location, as no one would guarantee the health condition and the structural integrity of the building. As of now September 21st, 2023, we still haven't received any fire report from the fire marshal. Anyone onsite would've known that it's impossible to continue operating any of the work inside.

  “Landlord’s insurance on the premises provides no coverage on the tenant’s own property and the tenant shall maintain at tenant’s expense an insurance policy on his own business contents and liability coverage of the subject premises for the entire term of the lease. ”

  - This clause is in the lease agreement *** ****. It clearly suggested that ******* ****** should have its own content insurance. As our insurance doesn’t cover their business contents. However, we still cover the part of removing the damaged walls, mirrors, floors, and the partition wall for their renovation. ** *** *** *** **** ***** ***** *****, the total removal cost for their unit alone is more than $5000+HST.

  “During the lease term, if the tenant wants to terminate the lease, the tenant needs to pay the landlord 6 months rent plus HST to terminate the contract”
  - In the Early Termination Agreement, I emailed them, I clearly stated that considering the special occasion, we will waive the fees in good faith. ***** ** ************* ******* ***** **** * **** **

  “The copy of the insurance policy with coverage of no less than $2,000,000.00 shall be provided to the Landlord before the commencement of the lease.”
  - ******* ****** did NOT present the copy.

  
  “Before the renovation, the tenant needs to provide the renovation drawings to the landlord and obtain the permission of the landlord before starting the renovation.”
  - ******* ****** did NOT submit such drawings. The partition walls in the units require insurance funds to demo the walls. And we need to pay the taxes, and we did NOT bill them.

  After the fire happened, the owner requested to have a partial rent refund in May, and we agreed as well. ***** ** ************* ******* **** **** **

  I personally helped them clear the last batch, removing the smart lock by borrowing my friend's pickup truck to move all paintings and desks, shelves, etc. from Waterloo to Cambridge, ***** ** ************* ******* **** **** ******

  The main purpose of the Early Termination Agreement is to mutually release from each other on the 3-year lease she signed. Whoever replaces my position to look after this property will go over all the contracts and go after them for rent, as ******* ****** is still legally bound to the lease they signed. We waived the penalty, we refunded the partial rent for May, and I personally helped with removing their business contents. * ***** ********** *** ***** *********** **** *** *** ********** ***** *** ** ** ******* **** ****** * *** **** *** ***** ******** * ***** ********** *** ***** ********* ********* *** ******* ******** *********** ***** ** ** **** ** ********

  There is a misunderstanding situation here, their response to our Early Termination Agreement straight went into the Junk Mail, ***** ** *** ************* ******* **** ***** **** I checked the Junk Mail after receiving BBB complaints, and there is no communication between the owner or any authorized officer and us.

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

  Until I received the BBB complaint documents, the email address for the owner changed to *******************, *** *** ***** ****** ** *** **** ** *** ********** ****** ** * **** **** **** **** *** ******* ********** * **** ***** **** ** ******* ** ******** ******* ** *** ****** ******* **** ** ********* since her husband is not on the lease, I will not discuss any matter to this number. We have been communicating through the information that the realtor provided through day 1, email address: ******************, and phone number **********.

  Customer Answer

  Date: 01/10/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:
  
  
  1. The place is specifically for “art education” only. Whereas, the other tenants have complained several times that ******* ****** has music rehearsals during normal business hours, and they are on the top floor, once the drums and guitars are on, the whole building rocks. On March 16th, the tenant below their unit finally made a phone call to complain about the situation. I personally reached out the *** ***** off the record, I told her about the usage of this unit, and that such noise is not tolerable in public business areas, if there is a next warning we have to terminate the lease.
  [Reply]: I reply this just for education purpose of ART and LAW. The music belongs to the art *** *** **** *** ***** ******** ** ** **** *** *********** ****** ****** **** And it happened inside the ******* Rented Space which is not public areas. Common corridor or hall way are public business areas. ****** ********** **** *** *** ****** ******** **** If other people can hear it outside unit **, it means the building's soundproof is not good **** ******** *** ** ********* *** **********. We adjusted the time to non-office time. This is professional practice though we did not complain the bad quality of the building. *** **** should appreciate what I teach here, and do things professionally down the road. ** *** **** **** ********* **** ** *****  *** ** ****** *** ******** ****** ******* **** ****** ******* *** **** ******** *** ******* ***** **** ********* **** ********* *** ******* ****** ** *** ***** ******* did not breach any lease clause on this point.  
  
  2.  Rent shall be payable on the “1st” day of each month commencing 03/01/2023.
    We have received “the first and last two” month’s rent and HST.
  
    So I don’t quite understand the request to return the three months of deposit part, as the first month is used towards the rent for March 1st, and ******* ****** delayed giving postdated cheques for the 1st year.
  [Reply]: If the Rent should be payable on the "1st" day of each month commencing 03/01/2023, then first payment as deposit should not include the first month because it has been labeled as deposit which should be returned. We have done the check to verify that 119 Univ Hoding did not deduct rent for March. Therefore, two month rent as deposit has been hold up to now. Therefore two month rent deposoit should be returned. The landlord has the right to terminate the lease if the payment is missed. But if the landlord accepted the next payment, it means that the landlord accept it. ** ** ************ ****** ** *** **** *** ** ****** *** ********
  
  3.  On May 8th, 2023, 7:51 am, I received a call from ***** ******** stating that the fire started from the bottom left side of the building. All units are affected, including Units ***** as ******* ******'s unit shares the same ceiling and all the insulation is damaged. I’m ********* * ** ******* **** ** *** *********** *******
    *********************************************
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  *** * **** **** ****** **** **** ** **** ************
  
  [Reply]: Irrelevant. It is between 119 Univ Holding and third party.
  
  
  4. “The copy of the insurance policy with coverage of no less than $2,000,000.00 shall be provided to the Landlord before the commencement of the lease.”
  - ******* ****** did NOT present the copy.
  [Reply]: Here we cite some contents from the termination letter from 119 "Terms in **** ***: The Tenant acknowledges that the Landlord’s insurance on the premises provides no coverage on the tenant’s own property and the tenant shall maintain
  at the tenant’s expense an insurance policy on his own business contents and liability
  coverage of the subject premises for the entire term of the lease. Due to the fire incident,
  the tenant failed to have an insurance policy cover their own damaged contents and
  renovation investment". Based on this description, the tenant may have an insurance policy but it does not cover own damaged contents and etc.In other word, ******* *** did present one copy of their insurance to 119 Univ. Holdings. But now 119 holding (** ****) completely changed his statement to "******* ****** did NOT present the copy". This is a complete change. Without presenting this insurance to the landlord, the tenant is not able to take the key to the unit. ** **** ***** *** ***** **** *** ****** ** ** *** ***** ** **** ** *** **** ***** *** ***** ** ****** ******* has no content which was damaged by an fire (there is no fire at all) inside the unit **. Just some dust. This is the reason I marked item 3 as irrelevant. It is located the east part of the 119 building. *** ******** ******* *** **** ******** **** **** ** ** **************          
  
  
  5. “Before the renovation, the tenant needs to provide the renovation drawings to the landlord and obtain the permission of the landlord before starting the renovation.”
  - ******* ****** did NOT submit such drawings. The partition walls in the units require insurance funds to demo the walls. And we need to pay the taxes, and we did NOT bill them.
  [Reply]:
      Answer "******* ****** did NOT submit such drawings". If this is the case, the 119U (*** ***** ****) shall stop the renovation. During the renovation, we met many times at scene (inside unit **). At least, he did not ask me to stop. *** ********** *** ****** ***** ***** **** ** ** ******* ** ***** **** ** *** ***** *** ****** ** **** *** ********** **** *** *********** **** ***** *** ***** ***** * **** *** *** ***** ******** ***** ** ****** *** *** **** *** **** ** *** ***** ******* *** ***** **** *** ****** At least to my best knowledge, the renovation has been agreed before we signed the lease. Also the landlord has accepted the payment. It indicated the landlord accepts whatever it is. It is not irrelevant to the deposit.  
  
  
  6 “During the lease term, if the tenant wants to terminate the lease, the tenant needs to pay the landlord 6 months rent plus HST to terminate the contract”
  - In the Early Termination Agreement, I emailed them, I clearly stated that considering the special occasion, we will waive the fees in good faith. ***** ** ************* ******* ***** **** * **** **
  [Reply]: Clarify it: the 119 has been unable to execute the lease since May 2023 because it has decided to do the renovation. It has been defacto terminated **** ***** *** **** ***** ******** ******* * ********** ** *** ***** **** ***** *** ***** ******* ** **** ****** though they tried to convince the tenants to believe they can come back to the operation quickly. In the letter of termination (*** ***** **** requested), I clearly stated 119 Univ. requested the lease to be terminated (it is in passive tense, the clause indicated that termination is requested by 119 Uni. ) so they can finalize the last step to return the deposit. What I request is to return the deposit and reserve my legal rights. That is all.  Anyway the defacto termination is not *******'s default.
  
  
  
  
  
  7. There is a misunderstanding situation here, their response to our Early Termination Agreement straight went into the Junk Mail, ***** ** *** ************* ******* **** ***** **** I checked the Junk Mail after receiving BBB complaints, and there is no communication between the owner or any authorized officer and us.
  [Reply]: There is no misunderstanding. ** ** ************ ** **** **** ***** ******* it can be a manenuver of moving mail between Junk and inbox. *** **** refused to communicate (continue in next reply). That is the reason I finally decided to use BBB. Here I appreciate BBB this platform.
  
  8. *** * ******** ******** ******* ***** **** ********* **** ******** *** *** ******** ******* ** ********* ***** ** ************* ******* **** ***** **** * ******* ** *** * ***** *** ** *** *** ****** *** ******* * *** ** **** **** ** ***** **** **** **** ** * ******* *** * **** **** ** ******** ***** ******** ******* ********** ****** ***** ** *** ************* ******* **** ** **** ***
  
  ***** * ******** *** *** ********* ********** *** ***** ******* *** *** ***** ******* ** ******************** *** *** ***** ****** ** *** **** ** *** ********** ****** ** * **** **** **** **** *** ******* ********** * **** ***** **** ** ******* ** ******** ******* ** *** ****** ******* **** ** ********* since her husband is not on the lease, I will not discuss any matter to this number. We have been communicating through the information that the realtor provided through day 1, email address: ******************, and phone number **********.
  
  [Reply]: As elaborated in the reply to the 7, there is no misunderstanding at all. *** ***** **** knew my husband and met my Husband before, and not once. They also met in the 119 building as well. He also told my husband that they are representing all tenants to seek compensation from their security contractor. I also informed *** ***** **** to answer my husband phone call *** ** ******* **** ** **** **** ** **** **** *** ******** **** *** through the instant message (that is the way we communicated until that day, in the message I clearly told him that my husband represents me, what he will say will be what I mean). He did not answer any call or reply any message to me or my husband (including calling his personal or company's phone number) until Sept 5 then messaged me via the instant message claimming he will not contact me via Instant message because he uses the company email address or phone number only ********* *** **** ******* ** **** ******** Of course he never officially (his last instantant message instructed that any communication must go through the company's email or phone number) asked me or my husband to provide an official consent by the owener. We don't receive any email or any phone call from this company (119 Univ.). He responded absolutely nothing with his working (company as he asked as the only communication channel in the instant messager) to our response which was sent to his company's email. Now he claimed it was in Junk mail. ** *** *** ******* *** ** *** *** ******* ***** **** *** **** ** ****** ** **** ***** ******** ** ***** ***** *** *** ***** *** ******** ******* ******* ** ** ** ******** *** *** ****** **** *** ***** ****** ****** **** ***** *** **** *********** ** ** ********** *** ****** ** *** *** * ***** *** ****** ** *** ******* *** **** **** ***** *** ***** **** **** ********* ******* ** ****** ** ****** *** ******* **** ****** ** ** *** *** ***** ** **** ** *** ******** * ** ****** ******** **** ** ***** ** ***** * *********** ****** ** ** **** ****** ** ******* *** ******* **** ** ** ** * **** ******* *** **** ***** **** ****** ****** *** ******* ******* **** ***** ******* ******* ** *** *********** **** *** ****** ** ******* *** ******* **** ******** *** **** ** *** ** *** ******* ***** *** ******* ** ** **** *** ******* ** ***** ******* ***** ****** *** *** * **** ** *** * ***** ** ******* ** ****** **** ** **** ***** ***** ** *** **** *** *** **** ******* **** **** ** *** ****** *** **** **** ****** ***** ********* ** *** ****** ****** *** ******* ** ******** ** ****** ********** ***** ****** ********** ** ******** *** ************* *********** *** *********** ***** **** **** ***** **** *** *** *** *** *** ** ****** *** **** *** *** ******** ***** ** *** ********** ********* *** ********* ***** *** *** ******** **** *** ***** ****** ** ***** ***** ** **** ***** ******** **** ** ******** ******* *** **** ******* **** **** ** *** ******* ** ** **** ******** *** ** ********* ***** ** *** ** ** *** ***** ******* ***** *** ***** * **** *** ***** *** ********* ***** **** *** ********** *********** 
  
  The follow is their decision to do renovation and ask all of tenants to move out. And this decision caused the loss including business loss. Also because it is not caused by the fire inside the unit #** (my issurance company visited the site in May and found no damage to my any business content). Everything is intact. The loss is caused by 119 Univ. Hoding. 119 Univ Hodling's loss is caused by their contractor. ** ** ***** **** *** ****** *** *** *** ************* *** *** *** ***** ************* *** *** ***** *** ***** **** **** *** ********** ******* ** **** ************ **** ***** ********** ** *** ********* ** ** **** *** **** *** ****** * ***** ******* ******** **** *********** ****** ** ** *** ******* ** *** ***** ** *** ***** ** ** ***** **** ***** **** ******* **  **** ** ******** *****
   
  """
  Based on these findings, it is clear that renovation and removal work are necessary for us to resume operations in the building. However, contractors cannot provide an exact timeline until our belongings are removed. Therefore, I kindly request your assistance in recovering your valuable contents by the end of this week. Any remaining items will be cleared and disposed of in the dumpster. To expedite the process, I have borrowed a towable enclosed trailer that can accommodate heavy and large items. I will personally help transport these items to your homes or any location in the KW area.
  
  
  If you have any questions, please let me know.
  
  
  ***** ****
  
  Property Manager
  
  ** ************
  
  *******************************
  ####
  
  Sincerely,
  
  
  
  ****** *****