Complaints

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• Initial Complaint

  Date:04/05/2024

  Type:Billing 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 am writing to express my deep concern and formal complaint regarding the overcharge of my security deposit after vacating my rental residence at property address: ** ****** *** ******* ** on June 7th, 2023. As a tenant of ‘Cayuga View Luxury Living’, managed by *********** *********** ****** ***. and Cornerstone Property Management LLC, I was disappointed to discover that my deposit was overcharged, in violation of New York State law Section 7-108.
  
  Upon moving out of the premises, I was charged an exorbitant amount of $600.00 out of my security deposit, which far exceeds any reasonable deductions for cleaning and normal wear and tear. I have video recordings and photos taken at the moment of my departure to show the apartment's condition was good and clean. No itemized statement was ever provided to me. The Property Manager refused to disclose further details regarding the charge and refused to communicate with me regarding my dispute. Until today, I only received a portion of my deposit.
  
  According to New York State law Section 7-108, 1-a (e), "...the landlord shall provide the tenant with an itemized statement indicating the basis for the amount of the deposit retained...If a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit.” Thus, I'd request a full refund of my deposit obtained by the property management company.
  
  I would like to bring to your attention that there are numerous similar complaints about the property manager's and the company's conduct. It is evident from these reviews that I am not the only victim of this violation of New York state law. This further emphasizes the need for immediate action to rectify this situation and ensure fair treatment for all tenants.
  
  More details can be found in the attached letter and support evidence is provided in the attachments.

  Business Response

  Date: 04/23/2024

  Hi *****, Thank you for your call and for sending us this email. While we understand the frustration of our former tenant, we made ever reasonable effort to resolve this nearly one year ago. The fact of the matter is that this tenant agreed to return the apartment at the end of the lease professionally clean.  A description of those standards was provided.    Our records and photos show that the apartment was not clean, which was a breach of the agreement on their part. An outside party was hired perform the cleaning service and the cost was deducted from their security deposit, as they agreed to. We consider the matter closed. Respectfully, Matt S*****Property Manager.

  Customer Answer

  Date: 04/24/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint. Hi *****,  Please see the attached letter as my formal response. In short, there are several points in the letter to highlight: 1. We did not reach an agreement regarding paying for the professional cleaning fee as quoted or invoiced. Extensive efforts were made to communicate and seek resolution with the Property Manager before and after the cleaning service. However, the Property Manager unilaterally enforced the service, closed the matter, and charged a fee without mutual agreement.  2. The imposition of a significant cleaning fee for a 2-bedroom apartment is not only unreasonable but also contravenes New York State Law Section 7-108 1-a (b), which prohibits deductions for 'wear and tear'. Provided documentation, including photographs that the Property Manager could provide to contest me, demonstrates that the condition of the premises upon vacating aligns with 'normal wear and tear' standards, precluding any deductions from the deposit according to New York Law. 3. Proactive measures were taken to ensure the cleanliness of the apartment, including arranging a comprehensive inspection with the Property Manager, who expressed satisfaction with the cleanliness level, which was witnessed and can be testified. After a scheduled inspection, no itemized statement detailing repairs or cleaning was provided as required by New York State law Section 7-108 1-a (d), which relieving the Property Management Company of any claim to withhold charges from the deposit. 4. Despite requests many times both before and after cleaning services, no itemized invoice or detailed documentation of cleaning services was provided. The charges were levied without transparency or adherence to legal obligations outlined in New York State law Section 7-108 1-a (e) that if a landlord fails to provide the tenant with the statement and deposit within fourteen days, the landlord shall forfeit any right to retain any portion of the deposit. In conclusion, this complaint will not be statisfied or withdrawn until all non-reasonable and non-transparent charges are refunded to tenants in compliance with relevant state laws and regulations governing security deposits, ensuring fair treatment of tenants by the property management company. Thank you for your attention to this matter. I look forward to your prompt response. 
  
  Sincerely, 
  ***** ****

  Business Response

  Date: 04/26/2024

  *****, I have been in contact with both the District Manager and the Corporate Office on this matter.  We are sorry that Ms. **** is dissatisfied with the result of our decision.  Ms. **** and her co-tenant did not abide by the terms they agreed to, regarding the cleaning of their apartment upon the expiration of the lease.  On December 7, 2022, they provided a written notification of their intention not to renew their lease after the expiration of June 15, 2023.  A subsequent notification of the move-out procedures was provided (by us), stating expectations and standards for cleaning the apartment.  Furthermore stating, that if the company was to provide cleaning service in the apartment, it could cost as much as $600.  On May 15, 2023, we sent the same expectations and standards again, confirming the June 15, 2023, expiration date.  On May 30, 2023, Ms. **** confirmed the June 15th lease expiration, and stated that she and her co-tenant “will clean the apartment thoroughly.”  On June 7,, 2023, an inspection of the apartment was performed, where Ms. **** and I concurred that the apartment was not fully clean.   It was concluded that an outside cleaning company would have to clean the apartment.  NOTE:  At this point, Ms. **** and her co-tenant had the option to finish the cleaning before June 15, 2023, or hire a cleaning company of their choice, where an estimate could be negotiated by them directly.  Ultimately, Cayuga View was tasked with hiring an independent, outside party to perform the cleaning.   The bill of $898.56 was provided to her, then adjusted by -$298.56 (in Ms. ****** favor) so as not to exceed the $600 stated in the notification of December 7, 2022.  We understand and practice all New York State Housing and Rental Laws and Regulations in good faith and have done so at this property since 2018.  We will not engage any further on this complaint.  Please do not contact us again.   Respectfully, Matt S*****

  Customer Answer

  Date: 05/02/2024

  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  
  The Cornerstone Property Management LLC and its Property Manager Mr. Matt S***** have allegations and misconducts listed below: The Cornerstone Property Management LLC deducted costs related to normal wear and tear from the security deposits after the tenants’ two-year occupancy a* ** ****** ****** *** **** ******* ** ****** The property has 63 units and was built in 2018.  The Cornerstone Property Management LLC failed to provide the tenants with an itemized statement specifying repairs or cleaning that are proposed to be the basis of any deductions from the tenant's deposit after the move-out inspection on June 7th, 2023. The Cornerstone Property Management LLC failed to provide the tenants with a reasonable quote of cleaning service on June 13th, 2023 and unilaterally enforced the service on June 16th, 2023, without the tenant’s agreement. The Cornerstone Property Management LLC failed to provide the tenants with an itemized statement indicating the basis for the amount of the deposit retained within fourteen days after the tenant has vacated the premises on June 7th, 2023. The Cornerstone Property Management LLC retained an amount of $600.00 from the deposit since the tenants vacated the premises on June 7th, 2023. The Cornerstone Property Management LLC failed to refund the entire amount of the deposit upon the tenant's vacating of the premises. The Cornerstone Property Management LLC refused to engage in communication with the tenant for a reasonable solution in good faith and refused to return the reminding deposit to the tenant in violation of law. The Property Manager Matt S*****, the District Manager, and the Corporate Office on behalf of the Cornerstone Property Management LLC acknowledged and willfully violated the New York State law. Despite awareness of the violations, the entities refused to correct their misconduct and insisted on practicing the business in bad faith. The tenants repeat and reallege the allegations and misconducts of Cornerstone Property Management LLC set forth. The tenants have fully performed their obligations under the Leases. The tenants conducted a thorough cleaning of the apartment before the tenants vacated the premises. The move-out inspection was conducted by the Property Manager Matt S***** on June 7th, 2023. The tenant and witness were present during the inspection. No damage or items beyond normal wear and tear in the apartment was found or documented in an itemized statement to the tenant before, during, and after the inspection. The tenants addressed minor normal wear and tear pointed out by the Property Manager after the inspection such as dust on the window frame and sill. The tenants vacated and returned the apartment in good condition on June 7th, 2023. No damage or items beyond normal wear and tear in the apartment was found or documented in an itemized statement to the tenant before and after the tenants vacated the premises.The tenants have demanded multiple times that the Cornerstone Property Management LLC cure its violation of New York State law 7-108 in this regard. Despite due demand, the Cornerstone Property Management LLC has failed and/or refused to cure said violation.  Due to the violation of law caused willfully by Cornerstone Property Management LLC, I request a full refund of my deposit obtained by the property management company ($601.11), plus punitive damage up to two times of the security deposit (2x$2395.00=$4790.00) due to their willful violation of the law according to the NY State law 7-108, 1-a (g) "Any person who violates the provisions of this subdivision shall be liable for actual damages, provided a person found to have willfully violated this subdivision shall be liable for punitive damages of up to twice the amount of the deposit or advance." We, the tenants, have made every effort to communicate with Cornerstone Property Management LLC since the day we disagreed with the unreasonable and illegal cleaning fee from the deposit. We have been seeking a reasonable solution to address this matter outside the court in good faith. However, Cornerstone Property Management LLC either dismissed the conversation unilaterally or disregarded legal obligations. Consequently, we have confirmed with the ******** ****** ****** that this case falls within their jurisdiction (see attached). If the Cornerstone Property Management LLC does not refund the deposit in full or engage in negotiations with the tenants for a settlement within fourteen (14) days, we will pursue legal action. We are consulting with attorneys and to initiate a lawsuit, potentially seeking a Class Action lawsuit, against the Cornerstone Property Management LLC with the appropriate court.  
  
  Regards,
  
  ***** ****