Complaints

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• Initial Complaint

  Date:07/14/2023

  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.

  They deposited rent check but never posted to our account-unit 32 then sent us a letter that we owed money or they'd be taking us to court. Charged for "cleaning" which is normal wear and tear and damages that they refused to provide proof of. Claimed a clerical error for the rent that they neglected to credit us for which has led to us not receiving security deposit within the 30 days. Mass case law doesn't allow for deductions for cleaning (only damages), requires proof of damage and receipts of work done with costs(they refused to provide) and security deposit returned within 30 days(or triple damages plus attorney, court fees etc. We requested full security deposit return due to their error and they refused.

  Business Response

  Date: 07/17/2023

  Thank you for the opportunity to reply.

  The complainant is correct, our office did make a clerical error in posting one of the rent checks.  Once this error was brought to my attention, I refunded the funds immediately.

  We are unaware of any M.G.L that prohibits us from using the security deposit for cleaning that is in excess of "normal wear and tear".  In our opinion the condominium was not left in acceptable condition.  If the complainant would provide us M.G.L. to prove that we are not allowed to withhold the security deposit for excessive cleaning, we will be happy to review it.  However, we have been successful in ******************** Housing Court in cases like this in the past.

  Finally, all of the invoices and proof of damages were provided, and mailed to the former tenant to the address that was provided to us upon the tenants moving out.  We did mail just the cover sheet to the guarantors of the condominium so that they were aware of the money that was due.  This may be the complainant's issue, as she is not a party to the lease, but instead the guarantor.
  

  For the stated facts, we are not in violation of M.G.L in any way.  We did make an error in posting of the rent that now has been rectified.
  

  Thank you again for the opportunity to reply.

  ****************** Kamins II

  Property Manager
  

   

   

  Customer Answer

  Date: 07/17/2023

   
  Complaint: 20320661
  
  I am rejecting this response because: there were NO damages. Normal wear and tear? They sent pictures of a  clean toilet, carpet...no proof of any missing blinds or screen. In addition the security deposit is due within 30 days  and was not returned within that time. THEY made an error with over $1400 so they need to make it right. Due to their error the Entire security deposit is due or small claims will request triple damages. Yes there is Mass case law about cleaning and frankly I'm shocked as such a large company they aren't aware. We have a video of the entire apartment left in pristine shape. Other groups have had the same issues(over 60 people responded when I asked if others had issues)- students and parents beware- they WILL keep your security deposit,  lose checks, claim damage they can't prove. Stay away from Kamins, ********************* T
  
  Sincerely,
  
  *****************

  Business Response

  Date: 07/19/2023

  In reading the reply, it is clear that we have not violated any M.G.L.  Instead, it seems her opinion is that the condominium was left in acceptable and clean condition.  Which differs from our opinion.
  

  Clean is subjective, and maybe we have different standards on what is considered clean.

  The missing rent piece has been rectified. 

  The complainant makes reference to a video that was taken upon vacating the Condominium, however, said video has not been shared with me.  If she would like to share the video with me, I will be happy to address it promptly.

  The photos that we have show that the apartment was not left in a clean undamaged condition, but I will be happy to review any video that she provides to me.

  Thank you again for allowing me to reply.

   

   

  Customer Answer

  Date: 07/19/2023

   
  Complaint: 20320661
  
  I am rejecting this response because:
   We did not get pictures demonstrating any damage but instead a reply to a request for proof of damages that "maintenance is too busy to take pictures" but did have time to send the toilet and sink which I included in my initial complaint as they are clean. My complaint is not "opinion". ************* has clear rules in regards to "damage"  not cleaning. You can find this information on ******** where it clearly states it is not allowable to charge for cleaning.  There is no damage beyond normal wear and tear. The video was shared with ****** already back at the end of June. Please send photos of "damage" you're charging for. 

  
  Sincerely,
  
  *****************