Complaints

This profile includes complaints for Fogelman Properties, Inc.'s headquarters and its corporate-owned locations. To view all corporate locations, see Find Local Branches.

close

Find a Location

Fogelman Properties, Inc. has 21 locations, listed below.

*This company may be headquartered in or have additional locations in another country. Please click on the country abbreviation in the search box below to change to a different country location.

BBB accredited

Near

Country

USUnited States

Please enter a valid location.

Filter

• 

  Fogelman Properties, Inc.

  6060 Poplar Ave Ste 200 Memphis, TN 38119-3959

  
• 

  Fogelman Properties, Inc.

  4981 Hidden Lake Dr Memphis, TN 38128-0901

  
• 

  99 Front Street

  99 S Front St Memphis, TN 38103

  
• 

  City Place Apartments

  8993 Crestwyn Hills Dr Hickory Hill, TN 38125-8518

  
• 

  Legacy Farm

  1130 Legacy Farm Ct Collierville, TN 38017-8765

  

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:07/04/2025

  Type:Service or Repair Issues
  Status:

  ResolvedMore 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 ******* to get this issue resolved, so I was not able to get ALL of the tenants input. However, out of all 6 of the residents I did speak with today - and only today - these were the 6 responses I received. I do not have much time to go around and get all of the responses, (I am a responsible property manager, and a single mother of 2 small children) but I can assure you, after living here for over 2 years, I know everyone has MAJOR complaints about management. The current issue is that the pool has been closed ALL spring AND ALL summer. With lies being sent to residents in email form, that it would be open for July 4th - it is not open. the pool Is still disgusting and all residents pay a high premium for a "Luxury", gated community apartment here. the gate does not work either, and has not been consistent in over 2 years. I am requesting a HIGH discount and/or FREE RENT for one month, for ALL tenants that chose to live here under false advertising and are not receiving what they are paying for. I also request documentation of where all of our deposits are being held. thank you!

  Business Response

  Date: 07/07/2025

  The pool has been closed for an extended period of time and ownership is well aware of it.  The repairs are thru a third-party contractor from ********  Notices are sent out as often as possible once updates are received.  The Regional Vice President has personally responded to the complainant via email.  While we understand it is a perk of apartment life, it unfortunately is not a controllable entity we charge rent for.  Therefore, free rent will not be provided.

  Business Response

  Date: 07/07/2025

  Date Sent: 7/7/2025 12:11:22 PM
  The pool has been closed for an extended period of time and ownership is well aware of it.  The repairs are thru a third-party contractor from ********  Notices are sent out as often as possible once updates are received.  The Regional Vice President has personally responded to the complainant via email.  While we understand it is a perk of apartment life, it unfortunately is not a controllable entity we charge rent for.  Therefore, free rent will not be provided.

  
  

  Customer Answer

  Date: 07/09/2025

   
  Complaint: 23557891
  
  I am rejecting this response for the following reasons: 

  1. Inconsistent explanations: The business has provided three different explanations for the pool closure - first "chemical imbalances" (June 6), then "catastrophic motor failure and plumbing issues" (in email), now vague "repairs through third-party contractor." This pattern undermines their credibility.
  2. Missed commitments: They promised the pool would be fixed by July 4th in a community-wide email, demonstrating unreliable communication and planning.
  3. Amenities are part of rental value: Their assertion that amenities are "not a controllable entity we charge rent for" is false. The pool was prominently advertised as a key amenity and directly influenced residents' rental decisions and willingness to pay premium rates.
  4. Retaliation against legitimate complaints: After filing this complaint, management sent threatening emails (attached) attempting to silence tenant organizing and claiming lease violations for discussing factual service issues with neighbors.
  5. No accountability or compensation: While they may eventually restore pool service, residents have lost over two months of the primary amenity during peak summer season. Their refusal to provide any compensation or gesture of goodwill for this extended service failure is unreasonable.

  Resolution sought: Appropriate compensation (such as rent credit or discount) for residents who have been deprived of the advertised pool amenity during the prime usage period.

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

  Business Response

  Date: 07/09/2025

  The complainant has been informed that there will be no rental concession as it relates to this matter.  Her dissatisfaction has already been noted.

  Customer Answer

  Date: 07/09/2025

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and I accept their proposed resolution.

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

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

  Greer, SC 29650

  
  

• Initial Complaint

  Date:06/02/2025

  Type:Order Issues
  Status:

  ResolvedMore 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 sent does not match what we were told for prices or as stated on website 1. Grills allowed on patio and I did see them when we were touring. However this states they are not allowed.2. German shepherd were not restricted. I asked during our tour and even called back a few weeks later to confirm. However now they are listed as restricted.3. Pet deposit was 300 for one dog and 400 for two dogs not 450$ as stated in new lease.4. The monthly fee for two dogs is listed as 30$ in person and online not 50$ as stated in the new lease.

  Business Response

  Date: 06/02/2025

  Dear *******,
  Thank you for bringing this matter to our attention. We appreciate the opportunity to respond to the concerns raised regarding lease rates, grilling policies, and our pet policy.
  Lease ***************start="462" data-end="465"> Lease rates may vary based on a number of factors including lease term, move-in date, and current market conditions. These rates are transparently provided to prospective residents during the application process and are subject to change until a lease is signed. We strive to ensure all applicants receive accurate and up-to-date information at the time of their leasing decision.
  Grills:
  For the safety of all residents and in compliance with local fire code regulations, grills are not permitted on the property. This policy is outlined in the lease agreement and is also communicated during the move-in orientation to ensure clarity and compliance.
  Pet ****************start="1140" data-end="1143"> ************* allows up to two pets per household. Details regarding breed restrictions, pet fees, and all other related policies are clearly listed on our website and are available for review during the application process. We encourage applicants to review these guidelines prior to submitting an application to ensure a smooth leasing experience.
  We remain committed to maintaining a safe and welcoming community for all our residents and appreciate your understanding of these policies. Should you require any additional information or clarification, we would be happy to assist further.

  Customer Answer

  Date: 06/02/2025

   
  Complaint: 23406161
  
  I am rejecting this response because: The lease rate is clearly stated and I am not objecting to that however if you check the attached picture it lists the pet deposit for two dogs as 400.00$ and this is what I was told however in the lease I was sent this price went up to 450.00$. Again if you check the same picture it lists the monthly fee for pets as 20$ for one and 30$ for two, and that is what I was told. However in lease I was sent after filling out the application the price went to 25$ per dog. Which was more than is stated on your website and in person.

  As for the grill I understand however the people who give the tours are stating they are allowed. This was asked because we saw them on our tour and I asked to confirm this. If you look now you will see multiple homes with grills on the patio. This could easily be the person who gave us the tour was new and did not yet know your policies. Which I can accept as the people at the desk being unaware of your policies.

  However because of this and the price increase for the fee to have a pet increase from 400.00$ to 450.00$ and the monthly fee from 30$ for two dogs to 50$ for two dogs after I did ask and checked the website. Please see the attached photo from before. The lease I sent had increased both these fee from what I was told and what you still have listed on your website. I was told lower prices to put in my application and once I did they changed these extra fees. The main lease rate is what was listed on the website. The issue is the bait and switch with the people who gave us a tour and website stating the fee is 400.00$/30.00$ and then after the application is put in the price raises on the lease document however your website is still listing the original price. I would like my application fee and the administrative fee returned since I would not have applied if I was given these increased prices which are still listed as lower on the website.
  
  Sincerely,
  
  ******* ********

  Business Response

  Date: 06/03/2025

  Dear *******,
  Thank you for reaching out.
  We recently updated the pricing for pet fees and monthly pet rent. We can honor the fees listed in the photo provided.
  Regarding grills, our lease agreement clearly states that grills are not permitted on the property. Any residents found to have grills will receive notifications requiring their removal.
  Please let us know if you need any further clarification.
  Best regards.

  Customer Answer

  Date: 06/03/2025

   
  Complaint: 23406161
  
  I am rejecting this response because: I understand the grill part. That must just of been a mistake on the person who showed the property and the rules not being enforced.
  

  However the lease I was given had those new price listed as higher than discussed. If I would have been told about these increased prices I would not of applied and with them being over 300$ more these feels like a clear bait and switch with having lower prices being given to people who come in, lower prices still listed on the website as of Tuesday June 3rd at 3:10 cst. I feel the application was given in bad faith and I would like to have all fees paid up to this point refunded. Since I have stated I applied based on the information provided by your business both verbally and still published on your website.
  

  I am willing to either have the money I paid to you so far refunded which is 370$ or the difference in how much extra the lease said it would be which was 50$ non refundable deposit and 20$ per month for 12 months for 390.00$ that is the difference in what the lease I was given says compared to what is still currently published on your site.

  However since that amount is greater than what I was all ready charged I am willing to accept a canceled application and my refund.

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

  Customer Answer

  Date: 06/03/2025

  Here is from the lease with the increased prices compared to the website

  Business Response

  Date: 06/03/2025

  Dear *******,
  Thank you for reaching out to us.
  We recently updated our pricing for pet fees and monthly pet rent. However, we can honor the fees listed in the photo you provided. Please note that our pet policy, including the updated fees, was available for review online prior to applying.
  If you have any additional questions or need further assistance, feel free to reach out.
  Best regards,

  Customer Answer

  Date: 06/03/2025

   
  Complaint: 23406161
  
  I am rejecting this response because: I would not of agreed to pay the application fee or deposit due to the increased prices given. I am just asking for my application fee of 120$ and the 250$ holding deposit (corrected name). I emailed and asked and was told the new prices not the advertised prices. 

  I am requesting you refund this under the Tennessee consumer protection act of 1977.
  
  Sincerely,
  
  ******* ********

  Business Response

  Date: 06/04/2025

  Hi *******,
  Thank you for taking the time to speak with me today. I believe we successfully worked through a resolution and addressed all concerns. We appreciate you bringing this matter to our attention.
  If you have any further questions, please dont hesitate to reach out to the leasing office at ************.
  Best regards

  Customer Answer

  Date: 06/04/2025

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and I accept their proposed resolution. They verbally called and communicated they would be refunding in full. I will drop my dispute of the charge when money is received in 4-5 weeks 

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

  4631 Tulip Creek Dr ******************** TN 38135

  
  

• Initial Complaint

  Date:06/01/2025

  Type:Order 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.

  On April 26, 2024, I signed a lease agreement for a unit at Appling Lakes Apartments, managed by Fogelman Properties. Upon receiving the keys and inspecting the unit that same day, I discovered the apartment was in unacceptable, uninhabitable conditionunclean, possibly containing mold, and not reflective of the renovated and updated units advertised on their website and leasing materials. The condition of the unit was misrepresented, and no disclaimer had been provided to indicate that we were being leased a classic (unrenovated) unit.We immediately notified management in writing of the units condition and our intent not to take possession. We never moved in and returned the keys shortly after. Despite our clear communication, Appling Lakes has continued to pursue rent and fees for a unit we never occupied and that was delivered in violation of basic habitability standards under Tennessee law. In an attempt to resolve the matter, the property management offered a Lease Release Agreement, but it failed to acknowledge any fault or release us from financial responsibility. We informed them in writing that we would not be signing this agreement and indicated our intent to pursue recovery through small claims court. Our legal counsel also contacted them during this time. Still, Appling Lakes continued to pursue the debt and ultimately sent it to collections, despite the clear dispute.

  Business Response

  Date: 06/02/2025

  
  
  During the leasing process, Mr. ************ and Ms. ***** were made aware that they were leasing a classic apartment at a lower rate than the renovated apartments and the differences were explained. They were looking to stay within a particular budget and this is what met their needs. They took possession of the apartment on 4/26/2024 at which time a move-in inspection form was provided by the leasing agent. Neither leaseholder submitted the completed inspection form to be addressed by management.
  
  On 4/29/2024,The onsite manager spoke with ******* and discussed transfer options that were available but explained that the best rate available would be $1,745 (versus their current rate of $1385). After the phone conversation, the leaseholders requested to be released from their lease. The leaseholders were advised that they would need to sign a release and relinquish possession by turning in keys.
  
  On 5/14/2024, keys to the unit were returned to the office. On 5/17/2024, the leaseholders came into the office to sign the Release; however, they refused and left the office without signing. The onsite office followed up with the leaseholders on 5/22/2024 on the status of the Release and did not receive a response. On 6/3/2024, we received communication from the leaseholders that they would not be signing the Release and that they would be filing paperwork with the courts. The property/onsite manager was served papers on 6/3/24 and the case was heard, and ultimately dismissed, on 7/23/24.
  
  Due to the release not being signed and the case being dismissed by the court, the leaseholders were responsible for the fees associated with early termination of the lease. The fees included rent for May 2024 and June 2024, additional monthly charges (water, pest control, etc.) and the lease termination fee.
  

  Customer Answer

  Date: 06/02/2025

   
  Complaint: 23404083
  
  I am rejecting this response because:
  
  Sincerely,
  
  ******* *****

  Business Response

  Date: 06/03/2025

  Our position on this matter is firm.  The complainant refused to sign the release document which would have prevented the termination fees.  The matter was heard in court and dismissed therefore the complainants are responsible for all pertinent fees.  We consider this matter closed.

  Customer Answer

  Date: 06/03/2025

   
  Complaint: 23404083
  
  I am rejecting this response because: Their version of events is misleading and omits critical facts surrounding our termination of the lease and the condition of the unit.

  Reason for Lease Termination Health and Safety Concerns:

  The primary reason we chose to terminate the lease was due to suspected mold and a possible ***** infestation, as indicated by what appeared to be pest droppings throughout the unit. These concerns raised serious health and habitability issues. We expressed these concerns in writing via email on April 26, 2024, the same day we received the keys, which is consistent with the lease requirement that tenants notify management in writing of any concerns regarding water damage or suspected mold.

  Misrepresentation About Unit Type:

  We were never informed during the leasing process that we were being assigned a classic unit rather than a renovated one. The first time the distinction between classic and renovated units was ever mentioned to us was on Monday, April 29, 2024, during a conversation with the onsite manager. Contrary to the businesss statement, none of our written complaints referenced dissatisfaction with the unit being classic. Our complaints were solely about unsafe and unsanitary conditions.

  Failure to Remedy or Follow Up:

  After expressing our concerns in writing, the manager offered to find us an alternative unit, but the options provided were outside of our price range. After a week with no adequate solution, we informed the manager by phone on May 3, 2024 that we were proceeding with lease termination. Although the manager mentioned possibly checking on the unit that same day, we never received any follow-up, despite making two additional phone calls to check on the status of any investigation or repairs. With no communication or resolution, we returned the keys on May 14, 2024 and formally surrendered possession.

  Clarification Regarding Court Dismissal:

  It is true that our small claims case was dismissed with prejudice, which means we cannot refile that specific claim. However, the businesss interpretation of this dismissal is inaccurate. The judge explicitly stated on the record that she was not ruling on the facts of the case, as the dismissal was due to us naming the wrong legal entity as the defendant not because our claims lacked merit. The substance of our concerns including our belief that we had legal cause to terminate the lease was never adjudicated.

  In conclusion, we followed proper procedures under the lease and Tennessee law. The apartment was delivered in unacceptable condition, and management failed to respond meaningfully after being notified. The business has yet to acknowledge this failure or take responsibility. We maintain that our complaint remains valid and unresolved.

  Sincerely,

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

  
  

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

  Business Response

  Date: 06/03/2025

  The leaseholders applied for the apartment, directly from the website. Features of the apartment are listed in the description of the specific unit that they inquired on. The leasing agent also followed up with them, as an applicant, to ensure that they were aware that they unit was not renovated.
  
  The leasing agent stated that there were no visible pest control issues; however, advised the leaseholders that we would have the unit treated by our routine pest control company. Ms. ***** stated that she was pleased with the unit with the knowledge that we would have the building serviced by pest control for the next few weeks. During the tour, it was noted that there were 2 drawers that needed to be cleaned and a few minor maintenance issues that needed to be addressed. Maintenance arrived at the unit, during the walk through, to complete the items. Due to this being a non-renovated unit, there may be minor defects that are to be noted on the move-in inspection form to ensure that the resident is not held liable at move out.
  
  As for the claim of failure to remedy - the items discussed were remedied during the time of the walk through and pest control visits were scheduled. The leaseholders were advised, during the walk though, that they could not take possession of the apartment and speak with management on the following Monday. They opted to take possession. On Monday, April 29, 2024 communication was held between management both, Ms. ***** and Mr. ******* *****. The follow-up conversation was held directly with Mr. ************ at which time we notified him that we would have to look into options that would be available. Upon locating available units and gathering pricing, we worked to schedule an appointment with Mr. ************ to view transfer options but were unsuccessful with connecting with him. On May 3, 2024, the onsite manager spoke with Ms. ***** and discussed renovated options, and she stated that she would discuss the options with Mr. ************ and get back to us. Mr. ************ spoke with a member of the office on Tuesday, May 14, 2024 to inform us that he would like to be released from the lease agreement and keys were returned. A release (without a termination fee) was approved by corporate and provided to the leaseholders on Friday, May 17, 2024. Our offers to further remedy the situation (transfer/release) were rejected by the leaseholders..

  Customer Answer

  Date: 06/03/2025

   
  Complaint: 23404083
  
  I am rejecting this response because:

  Response to Business Statement BBB Complaint

  We respectfully reject the businesss latest response. Their narrative fails to accurately reflect the events that took place, mischaracterizes our intentions, and overlooks the serious issues that led us to terminate the lease in accordance with our rights.

  1. The Lease Was a Binding Contract for Both Parties

  We entered into a legally binding lease agreement with Appling Lakes Apartments. That contract imposes responsibilities on both tenant and landlord. Once signed, both parties are obligated to follow its terms, including the requirement that any changes, waivers, or exceptions must be made in writing and signed by both parties.

  During our interaction with the leasing agent on April 26, 2024, it was mentioned that delaying our move-in might affect our monthly rent. However, we were not presented with any written document outlining this delay or any options for postponing possession. The lease was already in effect, and the verbal suggestion of delay held no legal weight. Given that, we proceeded to take possession of the unit, not because we accepted the condition, but because we had no alternative under the lease terms.

  2. Written Notice of Serious Habitability Concerns

  Immediately upon receiving the keys on April 26, we submitted a written email identifying serious concerns about the units condition, including suspected mold, visible water damage, and signs of a potential pest issue. These were not minor cosmetic problems but issues that posed a risk to our health and safety. The lease explicitly requires tenants to report mold or water-related concerns, and we complied. Unfortunately, the apartment failed to respond meaningfully to this notice.

  3. We Sought a Reasonable Resolution

  Contrary to how this is portrayed, we made clear in our communications that we were open to solutions either a resolution to the issues in our unit or a transfer to another unit that would meet our needs and price point. Instead, the only units offered were above our budget, and no one followed up to provide a formal repair plan or schedule, despite multiple attempts to seek clarity. No maintenance records or confirmation of repairs were ever shared with us after our written notice.

  4. No Remediation, So We Took Proper Steps to Exit

  After nearly three weeks without resolution, we surrendered the keys on May 14, 2024, and once again contacted the leasing office to explain our decision and request reimbursement for out-of-pocket expenses. We were never provided with an appropriate response. Our lease termination was done because of the apartments failure to meet its obligations to deliver a habitable unit, and we followed the appropriate notification and waiting period procedures under the lease.

  5. Legal Representation and Belief the Matter Was Resolved

  After retaining legal representation, we were told by our attorney that the apartments legal representative communicated that to resolve the dispute, we would need to dismiss our amended complaint. We complied with that instruction in good faith, under the belief that doing so would bring the matter to a close. Afterward, in November 2024, we disputed the alleged debt with collection agencies, and all collection activity ceased, reinforcing our belief that the matter had been fully resolved.

  6. Ongoing Collections Despite Our Good Faith

  We were recently contacted again by collections regarding the same disputed charges despite our clear history of attempting to resolve the matter, including filing proper notice, requesting repairs or relocation, surrendering the unit, and engaging legal counsel. We acted in accordance with the lease and with the understanding that the matter had been addressed. The fact that this has re-emerged after months of silence is concerning and demonstrates continued disregard for the actual facts of the situation.

  We continue to stand by our position that our actions were justified based on serious and unresolved health and habitability concerns, and that we met every requirement of the lease in seeking resolution. The businesss account omits these critical facts and misrepresents the nature of our legal compliance and good faith efforts.

  Sincerely,

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

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

  Business Response

  Date: 06/04/2025

  The initial appointment time for move-in was set for 3:30p. The first leaseholder showed up after 4pm and the second leaseholder came after 5pm. The unit was thoroughly toured with both parties. Due to the time, management had already left for the day. Yes, delays in moving can affect the pricing and the leasing agent has a duty to inform the leaseholders of that. If a delay is caused by incomplete maintenance issues, management can request approval to keep pricing the same; however, the maintenance tech arrived during the walk through to address issues that were pointed out. We have acted in good faith and submitted multiple offers to remedy the situation; however, none were accepted by the leaseholders.  The confidential lease cancellation document clearly stated the residents were only responsible for rent/utilities as long as they had possession of the unit, nothing more.  They were free to vacate on or before May 15, 2024.  It also stated that the termination fee was zero.  The complainants refused to sign it.      

  We are resigned to the fact that we will not reach an agreement in this matter.  The account is currently held by *********************** to collect.

  Customer Answer

  Date: 06/04/2025

   
  Complaint: 23404083
  
  I am rejecting this response because:Appling Lakes attempted to lease us a unit that was visibly uninhabitable at the time of move-in. During the walkthrough with both leaseholders present, the apartment had suspected mold, signs of water damage, pest activity, and visible trash throughout the unit. Even your own account acknowledges that the leasing agent was actively cleaning out trash from drawers and that maintenance workers were still performing repairs. confirming the unit was not ready for occupancy.

  The remedies you offered were not viable. You proposed transferring us to a one-bedroom unit, which did not meet our needs, or to another unit that would have increased our rent by $400+ per month a cost burden that we never agreed to take on. These offers ignored the core issue: the original unit was in a condition that presented health and safety risks and violated the implied warranty of habitability under Tennessee law.

  Initially, we requested a refund for the prorated rent for April and a termination of the lease. When that was not honored, and after giving you time to identify a comparable unit which never occurred we further requested reimbursement for out-of-pocket expenses related to our hotel stay and storage costs. Instead of engaging in a good faith discussion to resolve the matter, on May 17, you issued a lease release document resembling a non-disclosure agreement (NDA). This document attempted to bar us from recovering our financial losses and from sharing our personal experience publicly, including reporting the situation to regulatory agencies.

  When we inquired on May 17 whether we could at least be refunded for rent paid for a unit we suspected had mold and a ***** infestation, you denied the request and ignored any follow-up. These responses show a consistent failure to address legitimate concerns and further undermine any suggestion that you were attempting to resolve the issue.

  To now claim that our decision to terminate the lease after identifying health and safety violations, receiving no reasonable resolution, and being asked to sign away our rights justifies placing a disputed debt into collections is not only inappropriate but retaliatory. We had every legal and ethical right to reject unsafe living conditions and protect our health and financial stability. Your collection efforts are a continuation of the mishandling of this situation and serve only to penalize us for asserting our rights as tenants.

  
  

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

• Initial Complaint

  Date:05/28/2025

  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 live in Fogelman Properties in *************, Ks and have experienced hot water outage off and on since Oct of 2024. When call in 2024, I was told that the thermal couple needed to be replaced but they would relite the pilot and see if that helps. It worked up until April 2025 when I had to call again with the same issue. Again, they relit the pilot. I have called 3 times now in May 2025 with the same issue. They came in on 05/26/25 and could not relight at all. Another maintenance man came the very next day and relit it and it went out again within hours. Still on 05/28/2025, I am still without hot water and the message that I got from them basically stated its too much trouble to replace the couple thermal. We pay $1650.00 for a 2 bedroom. It is completely unacceptable to not have a functioning water tank.

  Business Response

  Date: 05/29/2025

  Our maintenance team received a call over the weekend.  The technician who responded was not successful in lighting the pilot.  The service director addressed this.  There was some miscommunication on May 27th, and the issue was not fully addressed until May 28th.  A different technician serviced the hot water heater and lit the pilot.  The service director spoke with one of the residents (there are multiple roommates) to set realistic expectations moving forward if the issue should continue.  The resident was satisfied at the end of the conversation.  We do not feel that a replacement is necessary at this time. 

• Initial Complaint

  Date:04/20/2025

  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 moved into my apartment on August 24, 2024, with a lease agreement of $1,449/month. I was promised a clean, functional living space with working appliances, proper climate control, and adherence to community noise standards.Upon move-in, the unit was extremely dirtyfloors were black with grime, and cabinets and fixtures were coated in grease. I had to deep-clean everything myself. I also discovered three major issues:The dishwasher leaks, doesnt stay open, and often fails to dispense detergent.The **** system is undersized and cannot cool the unit below 76F during warm months.The tenant below has two barking dogs that frequently violate the noise ordinance.I submitted seven work orders and raised these issues with both the property manager (******) and regional VP (Sherhonda). Rather than resolving the problems, they deflected blameclaiming the dishwasher leak was user error, and the **** issue was due to global warming. Despite promises, nothing has been fixed. At one point, they entered my unit without proper 24-hour notice, which felt intimidating and dismissive of my concerns.Out of frustration, I purchased my own dishwasher for $508.72 and am currently awaiting word on reimbursement, though I expect to be denied. Ive consulted legal counsel, who recommended submitting a formal complaint.I am requesting (1) full reimbursement of $508.72 for the dishwasher, and (2) proper resolution of the remaining maintenance issues, or alternatively, (3) early lease termination without penalty.

  Business Response

  Date: 04/28/2025

  TMr. ******* took it upon himself to purchase a dishwasher while we were at conference last week and is now requesting to be reimbursed for it.
  
  All of his service request were handled appropriately and timely (attached in the zip file the first 12 are from him).  He continued to go back and forth on email with me and did not want to accept anything that was being relayed to him.  He was emailing me at 2am, etc. and back to back as well so while I was at the property back on January 28th, he emailed me while I was sending yet another response to him, I went to his unit along with ****** and ****** the Service Director so that I could see his concerns regarding his HVAC system and anything else that he needed while in the unit.  I asked if we could come in so that he could show us the issue that he is having with his air conditioner and dishwasher.  He said sure and invited us into his unit so that we could look at the thermostat.  While in the unit we (myself and the service director) explained to him that his unit was working as it was supposed to as it was warmer inside the unit since this was January and cold outside the thermostat showed higher than the temperature that he was trying to reach.  Example:  He had the thermostat set at 74 degrees and the temperature inside the unit was 76 degrees.  He could not understand that the unit was doing what it was supposed to do, and it would turn on if it reached 74 or below since he had it set at 74. There was nothing for maintenance to repair for his unit and no one ever mentioned anything about Global Warming. 
  
  While in the unit I also inquired about his dishwasher in which maintenance had looked at again the day prior if I am remembering correctly.  He stated then that the dishwasher was running properly and not leaking as he had already run it through a cycle since the repair.  On February 2nd he sent another email saying that the dishwasher was leaking again along with a video (Attached).
  
  Dogs Barking- Each time he sends a recording that is supposed to be of the dogs barking throughout the night there is nothing heard on the recordings.  When we visited his unit on January 28th, we did not hear any dog barking either and we were in his unit for at least ***** minutes before he kicked us out because he did not like what we were telling him about his a/c unit.  He even told us that he called animal control, and they would be reaching out to us to get access into the neighbors apartment.  He is the only one complaining and no one else has heard this dog barking.
  
  He was offered to be allowed to provide us with a 60-day notice to vacate, however, it seems that he wants us to pay for his move or transfer him to another unit or sister community at our cost which we are not going to do.  If he wants to provide us with a *** we will accept it with no penalties, but we are not paying for his move or transferring him to another one of our units

• Initial Complaint

  Date:04/18/2025

  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.

  My family and I started to live in the townhouse in the *************** Apartment since Aug 9, 2024. However, the pest problem remains until now. In September, the cockroach appeared almost every day throughout the whole month, and we purchased the cockroach gel and called the pest control. Then since late November, the ants invaded in multiple times and occupied the kitchen, the restrooms, and even our baby's crib. We called the pest control at least four times from November to January this year, but what we were told was that the problem could not be thoroughly solved until the weather gets warmer. These insects have caused a lot of problems in our daily life, especially the potential health issues for our 10-month-old baby. Please find the details in the *************** we are about to terminate the lease by the end of May (have sent a move-out notice) and the above issue should qualify us to break the lease without the termination fee according to Tennessee state law. However, the management team was recently changed. They insist on sticking with our lease signed with the previous management team when we propose the waiver request. We look for a waiver of the lease termination fee and kindly request BBB help with the negotiation.

  Business Response

  Date: 05/09/2025

  Hello,

   

  Fogelman ******************* Copany recently took over management of the Garden District Townhomes in late March of 2025. Since that time, we have made great efforts to increase of resident's living experience. Also, we have hired a new pest control company who we believe to be 5-star to take over services starting Tuesday 5/13. We would greatly appreciate if we were given the opportunity to rectify the issues in a timely manager as this compliant was not brought to myself (the current property manager) during my 3-week time with the new company. We plan to have pest control inspect and treat the unit on Tuesday with ongoing treatment plans if needed. I will be sure to have open, clear, and transparent conversations with the residents regarding this matter. 

   

  Thank you, 

  Customer Answer

  Date: 05/09/2025

   
  Complaint: 23220694
  
  I am rejecting this response because:

  1. What I asked is a waiver of the lease termination fee. I do appreciate the effort of the current management team on the pest control but it does not solve the problem.

  2. The current management team admits that the pest problem has been existing even before they took over this property and they are going to fix the problem, which means that the problem exists between the date we moved in and now, and probably ongoing in the near future. The ants issue has already brought inconvenience and health problems to our family members. Particularly, our baby has skin issues right after the ant problem happened and the pest control team notified us that it is one of the side effects of pesticides. Therefore, during the current leasing contract, the landlord failed to maintain a safe or habitable environment for tenants.

  3. Section ********* and ********** of the Tennessee Code specify that the tenant can break the lease under the aforementioned conditions.

  Given the above facts, my current lease shall be terminated without any fee. The management team should provide a waiver of the lease termination fee in the written form, no matter who is the signer of our current leasing contract.

  Sincerely,
  Xiajun

  Business Response

  Date: 05/16/2025

  We were unaware of the pest issue reported to prior management and are very sorry to hear about the tenants experience. We take concerns like this seriously and are committed to making things right. Although their notice to vacate ends on 5/31, we will be working diligently until then to address and rectify the issue. As the new property management company, we have not been granted sufficient time to implement improvements, and therefore are unable to waive the early termination fee. We hope to leave them with a better impression during the remainder of their stay.

• Initial Complaint

  Date:03/16/2025

  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 have made several complaints to the leasing office about the parking gate. It has been broken since before the start of 2025. It is now March 16, 2025. Each time, I get that the repair costs way more than the gate is worth, so they just leave it broken and open. We pay close to $2000 a month, in what should be a gated community, as advertised. Last year, my sister, also a resident, has gotten her car broken into once having to replace a window. Shortly after that in the beginning of this year, the same car was stolen out the parking lot. The apartment complex was unable to provide surveillance video to the police. They were not able to connect with the towing company that patrols the property for vehicles that should not be parked in the lot to inquire if they documented seeing the vehicle during their routine patrol. Because they were in breach of contract with the towing company, they could not obtain that information. People who are familiar with the neighborhood can just use the property as a cut through, with no regard for the many children and families that walk and play outside everyday -- the gates are supposed to deter people from doing that, and the residents should be able to enjoy the private property that they live on. Lastly, they apartment complex has a contract with a very shady and predatory towing company -- and not enough visitor parking spaces. According to ****************, they can patrol the lot any day from 7p - 7a and tow any car that is not marked with an Autumn Park Apartments parking tag and charge them $300+ to recover their vehicle. Meanwhile, there are non-operating vehicles that have been occupying visitor spaces for months. IF there are visitor spaces available, they are clear across the complex, making it a 5-7 minute walk to the actual building they are visiting. The residents who live here work too hard to not have ALL the property's amenities and to be protected by the towing company they contract with, not preyed on by them.

  Business Response

  Date: 03/17/2025

  We are writing in response to the complaint filed by a resident regarding issues with the parking gate and other matters at *********** Apartments. We take all feedback seriously and appreciate the opportunity to address the concerns raised.  It is important to clarify that our community, like any other apartment community, is not required to provide specific security measure.  In fact, we make clear to our residents in their lease that gates and other measures are susceptible to damage and malfunction, they are not a guarantee to prevent crime or to reduce the risk of crime on the property, and they should not be relied upon as a warranty or guarantee of any kind.  
  
  Regarding the parking gate, we are aware that it has been inoperable due to significant and recurring damage caused by repeated disregard for the gate's intended use by both residents and guests. We share the residents desire for gates to be repaired, and we have repaired (and will continue to repair) the gates many times.  We are actively working to resolve the current gate issue and will continue to pursue a sustainable solution that will (hopefully) simplify future repairs resulting from the seemingly constant damage caused to the gates by careless or impatient drivers.
  
  We have an agreement with the towing company, ****************, which is clearly communicated to residents and visitors on signage posted throughout the property. Should a vehicle be towed, residents and guests can contact the towing company directly for more information and assistance in retrieving their vehicle.  We understand the concern regarding visitor parking. While some visitor parking spaces may be located farther from certain buildings, this arrangement is made to ensure that visitors do not occupy the closer spaces designated for residents. Non-operating vehicles occupying visitor spaces can be reported to the leasing office for removal.
  
  We understand the concern about increased traffic from individuals using the community as a vehicle cut-through, and our team has considered several options to deter this conduct.  Just as one example, we have considered permanently closing certain vehicle entrances/exits to the property, but decided the benefits of doing so would be outweighed by the inconvenience to our residents.  We encourage our residents to use the designated areas for leisure activities, such as a 24-hour gym, grilling and picnic stations, a poolside area, a playground, tennis courts, a pet park, and a clubhouse. These spaces are intended to provide safe and enjoyable areas for our residents and their families to spend time.
  
  We believe it is important for all residents to respect community guidelines,including the proper use of parking spaces and gate policies, to maintain a safe and harmonious living environment. *********** Apartments is committed to continuously addressing these issues to improve the quality of life for all our residents.
  
  We hope this response helps to clarify our position and demonstrates our ongoing commitment to resolving these matters. Should you require any additional information or further clarification, please do not hesitate to contact us.

• Initial Complaint

  Date:03/07/2025

  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.

  we have vacated the premises at ************************* at the end of Feb month due to the severely compromised living conditions. The extensive water damage from the upstairs leaks, resulting in numerous cracks and paint deterioration (as documented in the attached photographs), has rendered the property unfit for healthy habitation.Under Tennessee law, specifically regarding landlord obligations to provide a safe and habitable dwelling, we are within our rights to terminate the lease without penalty. Therefore, we demand immediate clarification as to why lease break-out charges have been applied.Furthermore, the persistent HVAC malfunctions, despite multiple service tickets, have created an unsafe environment. The heating systems continuous operation, consistently pushing room temperatures above 80 degrees (screenshot attached), presents a clear health hazard. These service tickets are readily available for your review in the tenant portal. Do you genuinely consider these conditions to be conducive to healthy living?We must also address the unacceptable communication we have received from Property Manager ********* . Her consistent argumentative and unresponsive behavior has exacerbated an already stressful situation. We request that you review our concerns and provide immediate, effective solutions, including a more professional and responsive point of contact.Furthermore, during the water cleaning process, the maintenance team brought in numerous machines to clean the house. This process resulted in damage to the countertops. During the final inspection, you applied a fine to the tenant for these damages. Given that the damages were a direct result of the maintenance team's cleaning process, I request that these fines be waived. We expect a prompt and comprehensive response to this email outlining the removal of lease break-out charges, the scheduling of an independent inspection, and a plan for addressing the ongoing communication issues

  Business Response

  Date: 03/21/2025

   March 21, 2025
  
  Complaint ID ********
  
  The Shallowford is in receipt of Mr. ******** complaint and appreciates the opportunity to respond.  We are thankful Mr. ******* chose The Shallowford as his home for the past 5 years.  During his time at The Shallowford, we have responded to service requests for his apartment in a timely manner.  Upon reviewing his request,  we offered to repair and paint the areas of concern and offered to allow him to transfer immediately to a similar apartment in a nearby building or the apartment next door within the month at the same rental rate, but he chose not to take us up on any of the offers.  We explained the small cracks in the ceiling and crown molding, as well as paint deterioration, are considered cosmetic in nature and do not impact the habitability of the apartment.
   As far as the **** system, the service team responded timely, tested the system and found it working properly; however, they have noticed in the past the thermostat setting was set to on instead of auto, which allows the fan to run continuously instead of shutting off at a desired temperature when set to auto.   
   The lease agreement did not expire until May 31, 2025, but allows for a buyout provided the resident submits 60 day written notice prior to the termination date, is not in default, pays a buyout fee in full prior to the move out date, which was paid.  The remaining balance of $742.16 on his account is due to damage and final utility bills.  Photos of the kitchen and bathroom countertop damage, which were not related to the leak that occurred in September 2024 or the clean-up efforts, can be found on the final move out inspection.
   We have offered to review the countertop damage with him and would consider waiving these charges, but Mr. ******* has not responded to that offer.
   Please let us know if we can provide you with more information regarding this complaint.
  
  Thank you,
  ***** ******
  Senior Business Manager

  Customer Answer

  Date: 03/25/2025

   
  Complaint: 23033632
  
  I am rejecting this response because:

   

  Regarding the necessary repairs, ********* (manager) clearly communicated that the work could not be done without someone present in the apartment ). Given the presence of significant cracks on the ceiling and having a young child at home, we felt it was a safety risk to remain in the apartment during the repair process.
  Concerning the possibility of transferring to another apartment, I had an interaction with a member of the maintenance team where their tone was raised on a couple of occasions. This experience, along with my observations during conversations with residents from different communities, contributed to my decision to decline the transfer. I just had additional 3 months lease i doesnt make any sense to move to move another apart just for 3 months as well .
  Regarding the **** system, we consistently keep the thermostat set to "Auto" and have never manually set it to "On." Please refer to the attached photograph as confirmation of this setting. This contradicts the information provided by the service team.
  Regarding the damage to the kitchen countertop, this occurred during the water clean-up process. The service team brought heavy machinery into the kitchen to dry the area, and due to the limited space between the refrigerator and the countertops, I am certain that the movement of this equipment caused the damage.
  Concerning the bathroom countertops, the rust issue has been a recurring problem. I have submitted multiple requests for this to be addressed in the past, but the maintenance team has not yet resolved it.
  
  Sincerely,
  
  *********** *******

  Business Response

  Date: 04/11/2025

  The Shallowford appreciates the opportunity to provide a follow-up response to Mr. ******** concerns.  We made multiple good-faith efforts to address his concerns. Our team offered to make the repairs in his apartment or allow a transfer to a comparable unit at no increase in rent.  These options were declined.  The small cracks in the crown molding and ceiling did not pose a safety hazard, nor would the repair process.  We respectfully maintain that the issues citedincluding minor ceiling cracks and paint wearwere cosmetic and did not affect the apartments livability. Similarly, the **** system was found to be functioning as intended.  
  Regarding the lease termination, the terms were followed appropriately, and Mr. ******* fulfilled the lease buyout provisions. The remaining balance of $742.16 stems from final utility charges and damages noted during the final inspection. The damage to the kitchen and bathroom counters appears unrelated to prior water leak, as documented in the inspection photos. 
  Nonetheless, in the interest of resolution, we extended an offer to review the countertop damage charges with Mr. ******* and expressed a willingness to consider waiving them.  If he agrees with this resolution, we will update his account accordingly. 
  We hope this additional information provides clarity. 
  Sincerely,
  ***** ******
  Senior Business Manager
  The Shallowford

  Customer Answer

  Date: 04/14/2025

   
  Complaint: 23033632
  
  I am rejecting this response because:

  please waive of all counter top damages and let me know to proceed further.

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

  Business Response

  Date: 04/14/2025

  The onsite manager has been in communication with the complainant.  We feel an amicable agreement has been reached.

• Initial Complaint

  Date:02/24/2025

  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.

  Ongoing marijuana odor coming from unit 205 that lingers in my apartment violating the no-smoking policy and rat infestation breaching the implied warranty of habitability. These issues constitute a material of breach on my lease and I want it terminated. Several calls, emails and tickets (requests get deleted by management company) have been addressed to the property manager and on call sheriff officer. The officer never answers and the property manager acts like it is the first time she is hearing about these issues.

  Business Response

  Date: 02/27/2025

  After researching the matter,it appears most of the smell issues were called in after hours. When our courtesy officer, *********, responded to the complaints, he was unable to witness the smell in person.  Our courtesy officer did go the extra mile in checking the surrounding apartments and has not been able to find signs to help him pinpoint exactly where the smell is coming from. We take complaints like this seriously and will proceed with legal action or eviction when we can pinpoint the resident causing the problem as advised in the email that was distributed on 1/9/2025. We are happy to continue distributing this email just to make sure that any new neighbors receive the communication as well. As of now, weve had no other complaints from your building regarding a marijuana smell; however, we will continue to monitor the situation closely.The office staff visits building 6 a few times a week during any rounds that we make, and our courtesy officer completes extra walks around your building during his patrols. Our priority is to ensure that every resident can enjoy their apartment home. We do offer an option to terminate your lease and while we would love for you to stay, we understand if this is not how you wish to proceed. 

  Customer Answer

  Date: 02/27/2025

   
  Complaint: 22981583
  
  I am rejecting this response because:

  Officer ********* came by and confirmed the smell of marijuana. He tried knocking on the neighbors' doors, but no one answered. He told me he would be making an official report.

  I would like to know what other options are available for terminating my lease. The proposal received recently was not acceptable since it would leave me owing money. Also, every time I report the marijuana smell, the complaint gets marked as completed, but the issue is still ongoing.
  
  Sincerely,
  
  ******* ******

  Business Response

  Date: 03/11/2025

  Courtesy Officer ********* advised that, during one of his calls to the building, he did inform the resident that there was a faint odor near the building; however, it was not the smell of marijuana. During this same time frame, the community was addressing a sewer issue (including asphalt removal) on the opposite side of the building that could have been a contributing factor to the odor. We are continuing to monitor the complaint and will take the appropriate actions if and when a source is located. ********* does provide the office with a report any time he addresses a residential complaint on the property so that we are aware of what transpired.
  
  As for terminating the lease,our policy requires a 60-day notice along with a termination fee equal to 2-months of rent. We are willing to work with you on payment of the term fee during our allotted time and/or walk you through requesting additional time to pay through our 3rd party collector, NCS...

  Customer Answer

  Date: 03/20/2025

   
  Complaint: 22981583
  
  I am rejecting this response because:
  

  The problem remains unresolved despite several calls and tickets with time and date stamps, my tickets just get ignored and closed without any resolution.

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

  Business Response

  Date: 03/24/2025

  The maintenance tickets related to the smell of marijuana were closed because they were not requests to have maintenance work completed in your unit. We do, however, have an open complaint in our office. Management has made it a priority to have the building checked during property walks, conducted by both the courtesy officer and office staff. While we understand the concerns that you have presented, we are unable to take any action that may be deemed appropriate until we can observe the action/smell and locate the source. If you would like to move forward with terminating your lease, we will need to follow the steps outlined in the rental agreement/lease by providing a 60-day written notice and paying the stated termination fee.

• Initial Complaint

  Date:02/16/2025

  Type:Service or Repair Issues
  Status:

  ResolvedMore 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 filed a complaint against Encore Apartments which was acquired by Fogelman Properties in December. This complaint has gone unanswered via the BBB website. Since Oct of 2024 we have complained of a noise disturbance coming from a maintenance issue with something behind the wall in our main bedroom. We have provided video evidence documenting the noise at all hours. We have filed 3 maintenance reports all gone unrepaired there has been no notes at what efforts were taken. We have been unable to utilize the primary bedroom for sleep or work due to the noise at all hours. After the 3rd request for help with the repair went unanswered we started accelerating our process for a new home. We have asked the property to release us from our lease one month early due to this major inconvenience and they have denied. Ive attempted mediation with the BBB under the Encore name.

  Business Response

  Date: 02/24/2025

  Fogelman began management of this community on December 4, 2024.  It is our understanding that the onsite manager was not aware of this concern, nor had there been a conversation about this matter.  The onsite manager did speak with the complainant on Tuesday, February 18th.  The complainant stated she felt unheard and ignored and this was the reason for the BBB complaint. 

  Customer Answer

  Date: 02/24/2025

  
  Complaint: 22948030
  
  I am rejecting this response because: the maintenance request made on January 3rd was a month after Fogelman took over and the issue still went unresolved. I have spoken to two property managers under Fogelman. The most recent conversation was prompted due to this complaint which I initiated because my request to vacate one month early due to the ongoing unresolved maintenance issue was denied by the prior Fogelman property manager ******. This isnt about feeling unheard its about the properties obligation to provide their tenants with accommodations of quiet enjoyment which my reasonable request for resolution has been requested and not been addressed. Please confirm my request to vacate shared below that was submitted through resident portal on January 20th. 
  

   

  
  Encore Apartments  
  
  
  Dear Encore Property Management,
  
  
  I hope this letter finds you well. I am writing to formally notify you of our intent to vacate apartment 6301 at Encore Apartments due to ongoing excessive noise coming from an unknown issue within the ceiling and walls.
  
  
  Since approximately October 10th, we have been experiencing significant disturbances that have greatly affected our quality of life. We reported these issues to maintenance on October 22nd almost two weeks from the onset of the noise in the wall and followed up again on November 8th and again with new property management on January 3rd. Unfortunately, despite these notifications, the problem has persisted.
  
  
  We kindly request that you acknowledge this letter as our official notice to vacate the apartment on March 31st, 2025 at no penalty to us. We will ensure that we leave the unit in good condition and will follow all necessary procedures as outlined in the lease agreement. 
  
  
  Please let us know how to proceed with the next steps regarding the move-out process. We appreciate your understanding and attention to this matter.
  
  
  Thank you for your cooperation.
  
  
  Sincerely,  
  
  
  *** and ***** Sayers 
  Unit 6301

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

  
  

  Business Response

  Date: 02/24/2025

  The current onsite Manager has spoken with the resident, and we are allowing her to vacate 1 month prior to her lease expiring without penalty due to her ongoing issue with noise that is currently in the process of being resolved.  

  We believe we have came to a mutual agreement and the matter is now resolved.  

  Customer Answer

  Date: 02/24/2025

   
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and I accept their proposed resolution.

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

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

  Belton, MO 64012