Complaints

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• Initial Complaint

  Date:07/09/2023

  Type:Service or Repair 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.

  I rented from this company and they refused to give me back my security deposit. Over the past year I was dealing with mold and I did not know it was mold in the apartment. The maintenance man painted over it. I was told I had to give a 60 day notice but looking at my least I only see thirty day notice. The landlord said he used my security deposit to cover the last thirty day rent. The mold was so bad that I could not stay there. I did give a 60 day notice but I couldn’t stay there any longer. I had to call into work and I even went to the doctor. My stuff that was in the room and throughout the apartment was damage. You would think he would try to do something but he didn’t. I have pictures of them peeling off the walls and they was going to repaint over it. Then he said the smell was coming from the bathroom. That is not true. I lived there not him. He didn’t care he only came around when I text him and told him I put the rent money in the box. I took videos and on my last day when i thought we was going to do a walkthrough together but we didn’t and I went to get the other set of keys I left on the counter, he close the windows so he smelled it. Like would you want to live like that. He refused to reimbursed me for my stuff saying that it was not his responsibility and in fact it was. I did not come there with anything damage. Nothing at all. He refused to give me my security deposit back and the should at least do that. I tried to talk to him but as a landlord he do not want to take responsibility. I just really want what my stuff is worth it. That was a brand new bed room set and I wasn’t able to sleep in it for no more than two months. I have receipts of everything and it was paid in full. He keeps saying that used my rental insurance but it wasn’t my fault. Then he said he would have his rental insurance reach out to me and yet I am still waiting

  Business Response

  Date: 07/19/2023

  Please find attached a letter from ****** ** ***** ***. responding to **** **********s complaint on behalf of Zerla Properties, LLC. 

  Thank you for reaching out to Zerla Properties, LLC (“Zerla Properties”) regarding the
  complaint **** ********* (“****”) filed complaint with your Dispute Resolution Department.
  ****’s complaint focuses on two main issues: 1.) Zerla Properties did not return hersecurity deposit
  to her, instead using it on rent, and 2.) Zerla Properties refused to honor ****’s request that Zerla
  Properties reimburse her for her purchase of a new bedroom set, which she claims was damaged
  by mold. The undersigned serves as counsel for Zerla Properties. The following consists of my
  response on behalf of Zerla Properties in this matter and will show Zerla Properties acted properly
  on both issues.
  First, **** alleges that Zerla Properties wrongfully failed to return her security deposit to
  her. However, the security deposit was properly applied to ****’s outstanding rent as provided for
  in the Lease Agreement. Paragraph 2 of the Lease Agreement notes in part, “this Lease shall
  automatically be renewed under the same terms, covenants and conditions with the new Lease
  term being a month-to-month tenancy, unless at least sixty (60) days prior to the expiration of said
  original Lease term either party provides written notice to the other party of intent to terminate the
  Lease Agreement.” Further detail is provided in paragraph 3, which is titled Extension of Tenancy,
  where the Lease Agreement notes, “the failure of the Lessee to give Lessor sixty (60) days’ written
  notice of intent to terminate the Lease Agreement, and the subsequent holding over by Lessee,
  with or without the consent of Lessor, shall result in the creation of a tenancy from month-tomonth,” which can be “terminated at any time by either Lessor or Lessee giving the other party
  sixty (60) day’s written notice of the intention to terminate the month-to-month tenancy which
  termination shall become effective on the last day of the month during which the sixty (60) days’
  notice period shall expire.” **** moved out of the property on May 31, 2023 without providing
  any written notice to Zerla Properties. Thus, ****’s lease was automatically renewed on a monthto-month basis. **** sent a text message to Mr. Zerla on June 1, 2023 that informed Mr. Zerla that
  she had moved out, which had the effect of terminating her month-to-month tenancy effective July
  31, 2023. **** did not pay her June rent. Zerla Properties sent **** a letter on June 24, 2023,
  reiterating why ****’s lease was extended and noting that ****’s June rent was still outstanding.
  **** still did not pay the June rent, nor did she pay July rent. Paragraph 5 of the Lease Agreement
  provides, “if, at any time during the Lease term, or any extension thereof, any rental amounts shall
  be unpaid, then Lessor may apply any portion of the security deposit to the amount of rent due and
  owing.” Therefore, Zerla Properties applied ****’s security deposit towards the unpaid rent.
  Second, **** alleges that Zerla Properties allowed mold to fester. She claims the smell
  from the mold caused damage to her bedroom furniture. She has since replaced the bedroom
  furniture. She desires to have Zerla Properties reimburse her for the cost of the furniture and is
  upset Zerla Properties has refused to do so. Zerla Properties did not cause mold to fester, nor is
  Zerla Properties responsible for any mold. Paragraph 6 of the Lease Agreement specifically places
  that responsibility on ****, stating, “Lessee shall assume all responsibility for the prevention and
  remediation of mold, pests, vermin and bats in the Premises.” In this instance, it was even ****
  who created any mold issue and/or smell by refraining from cleaning the bathroom and by stuffing
  food waste down the sink, where it would remain. This was done in violation of the Lease
  Agreement and the Rules it incorporates. For example, Rule 32 provides that residents are
  responsible for maintaining clean and healthy environments. It also notes good housekeeping is a
  requirement of all tenants. Thus, **** is responsible for any mold and the conditions that led to
  any mold. Further, there is no provision in the Lease Agreement that provides that Zerla Properties
  is responsible for ****’s personal property. To the contrary, paragraph 29 of the Lease Agreement
  provides that “Lessee assumes sole responsibility for loss, claims and damage to Lessee’s
  property” and will even indemnify Zerla Properties regarding the same. To carry out this provision,
  the Lease Agreement suggests that “Lessee obtain and keep in full force and effect personal
  property and liability insurance with limits of coverage adequate for this purpose.” As a result,
  Zerla Properties was correct to assert that **** is responsible for her personal property and that,
  she was responsible for the insurance that would cover the damage. Finally, Zerla Properties
  disputes that any smell was so bad as to linger in ****’s furniture so long as to require the furniture
  to be replaced.
  As the above displays, ****’s security deposit was properly put toward past due rent.
  Additionally, **** is responsible for any mold and for her own personal property. Please feel free
  to reach out if you have any further questions or need any further information.
  Very Sincerely,
  ****** ** ****

  Customer Answer

  Date: 07/22/2023

   I am rejecting this response because: It is a he/say versus she say. I told Zerla that I will be moving out on July 6, 2023. Where did July 31st come from. I told him that I would be moving out due to the linger of the mold that was in the apartment and from the smell of the wall. I kept the apartment up to keep. When I move there, there was water bugs and roaches in the building. Bug spray had to be put down twice. There was a mice in my apartment. Not to mention the hall was filthy, which I cleaned it once and another person cleaned it six months later. there were times there was bugs that was just in the hallways on the ground and not once have you did anything and I said something and after that I gave up. I have a video of how I left the apartment. It was in the same way you rent it to me.

  Mold could have possibly got in there due to the when there was a bad storm and water was coming in through the roof. I told you about it. You had me put a hole in the wall and you told me ***** will come to see about it. it took you an entire year to fix the wall. Why every month I had to call Maintenace for something. You are saying it was food in the sink when I barely cook at the apartment. You are just finding any reason not to give me back the security deposit. In all honesty, the security deposit is for a beset I had to rebuy. I have receipts of that to. I haven't even mentioned the mirror that the mold damage and I sent you a picture describing the mold and what was going on and that was when I first started to notice it and you told me oh, I do not know what that is after I told you what it was trying to play clueless. If you do not have the security deposit just say that besides pulling out al these unnecessary rules. Or stuff that you have made up. I just want to know when will I be receiving my payment. That is all I am asking for. As I mention, your house do not have mold or an odor etc, so why should i have to live like that.