Complaints

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• Initial Complaint

  Date:11/10/2022

  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.

  In April of 2022 we entered a lease for my son at a student house run by Smart Living Properties.
  
  He did not end up moving into ** ****** **** * ****** as he switched cities for school. We paid the last month's rent deposit upon lease signing and continued to pay monthly rent until we found a replacement tenant. All paperwork was completed, the lease reassignment approved and the new tenant paid a last month's deposit in July.
  
  On July 29th we were told we were officially released from all obligations and that a refund cheque for the last month's rent that we paid would be received within two weeks. I have been told repeatedly that it was sent, it never shows up, told it must be lost in the mail, told that it never actually was sent out, that a 2nd cheque was being sent, THAT cheque never came. I was then told that we would be sent one via courier and that a tracking number would be provided the next day when parcel pick up was arranged. And again the NEXT day the tracking number would be provided. And again after that. No tracking number has ever been given to us, no cheque has ever been mailed and I am now being completely ignored by the property manager. I call and email daily and where I used to get replies saying the money was being sent etc I am now just getting silence. They don't even answer the phone.
  
  The company promised refund within two weeks and it is now ten. I am getting no replies and they are holding two deposits (ours and that of the replacement tenant) for the same spot. The Rental Housing Enforcement Unit has opened a file as well but I feel it is important to pursue all avenues of potential rectification.

  Business Response

  Date: 28/10/2022

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

   

  Indeed, the lease assignment documents that the Customer refers to in the complaint indicate that:

  “The Assignor [i.e. the Customer’s son] agree[s] to transfer any and all amounts paid by the Assignor, to the Landlord, as a last month’s rent deposit (along with the related interest if applicable) or as a key deposit, to the Assignee. As such, the Assignor acknowledge[s] that if such payments have been made to the Landlord, the Landlord is not responsible to refund the Assignor these amounts under any circumstances.

  Within fifteen (15) days of the Assignor written request to the Assignee, the Assignee agree[s] to refund the Assignor any and all amounts paid to the Landlord as a last month’s rent deposit (along with the related interest if applicable) or as a key deposit, with the payment method agreed to in writing by both the Assignor and the Assignee. The Assignor agree that upon the Assignee written request, the Landlord can confirm to the Assignee the value of the amounts paid to the Landlord as a last month’s rent deposit or as a key deposit.”

   

  In accordance with the terms of the lease assignment agreement, the Landlord was not responsible for refunding any amounts. This matter is one that concerns both the Assignor and Assignee directly; and to our knowledge has since been resolved amongst them as well.

   

  We would be happy to share a copy of the aforementioned agreement for you records if you so desire.

   

  Please do not hesitate to contact us should you require any additional information.

   

  If this file has since been closed, we would please ask that you provide us such a confirmation for our records.

   

  Best Regards,

   

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

  Customer Answer

  Date: 28/10/2022

  
  
  ********** ********
  
  
  
  I am rejecting this response because:

   

  These steps were never made known to us by the property manager.  I have been calling and emailing *** ******* for months and she has been telling me that the company would be providing a refund to me.  The Assignee was not made aware of this either and has not paid me any refund.  We have a tentative agreement for them to pay this month but I don't have any money yet.
  
  
  
  Sincerely,
  
  
  
  ***** *********

  Business Response

  Date: 31/10/2022

  Good afternoon,

  As previously explained, we invite you to refer to the signed agreement between the Assignor, and the Assignee, more specifically, Section 7. titled "Deposits".

  The agreement duly signed by both the Assignor and the Assignee shows that this is a matter to be dealt with between the Assignor and the Assignee directly, with no further involvement from the Landlord.

  We can appreciate your frustration with the process, but invite you to abide by the terms agreed upon by the relevant parties.

  Best Regards,

  Customer Answer

  Date: 01/11/2022

  
  
  ********** ********
  
  
  
  I am rejecting this response because:  I have not yet received any reimbursement from the Assignee.  None of these regulations were explained to either parties.  Both of us were told the company was reimbursing me.  When I receive the refund from the Assignee I will sign off on this.
  
  
  
  Sincerely,
  
  
  
  ***** *********