Short Term Rentals
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Complaints
Customer Complaints Summary
- 1 complaint in the last 3 years.
- 1 complaint closed in the last 12 months.
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Submit a ComplaintThe 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:02/05/2025
Type:Billing IssuesStatus: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.
Land lord, has made an update to the monthly charge for the electricity bill, is now over charging us. They have not been keeping up with the lease ************ original bill for this month was Balance due: $2,145.00 now they claim I owe them an additional Balance due: $504.38 due to their new adjustment Dear *** and ******,We hope this message finds you well.We are writing to inform you of an important update regarding the electrical charges for your unit. As part of our year-end evaluation for 2024, we conducted a thorough audit of the electrical bills assessed and billed to tenants over the past two years. During this process, we identified an issue with the electrical meter readings, which led to inaccurate billing for electricity usage.The necessary adjustments have been carefully calculated, and we are now updating your charges to reflect the true usage/cost of electricity for your unit. Based on historical averages bills for units of your size / historical average bills for your specific unit, we have calculated that the correct monthly electrical charge should be $125 / month on average. As a result, starting from January 2024, your account will be adjusted to reflect this amount, including a backdated adjustment for the past 12 months. Going forward, the electrical charge will remain fixed at the above amounts to balance out fluctuating usage throughout the year.The revised charges will appear on your online balance in the ***************** If you have any questions or wish to discuss a payment plan for the backdated charges, please feel free to reach out to us. We will continue to be transparent in our communication with you as our tenant and make this transition as smooth and manageable as possible for you. We appreciate your cooperation as we make these necessary adjustments to ensure accurate and fair billing. Thank you,LX LOFTSCustomer Answer
Date: 02/06/2025
I have reached the property manager who is the son of the owners of the property. They are insisting for me to pay an error in their accounting going back to January 2024. I have repeatedly asked for an itemized bill for my unit #5 are now saying that the meter was broken. Previously I was getting a statement in the mail which unfortunately I only have 2. I find it curious that previously they were able to be transparent and honest and now they want to charge based on an average electric usage for a 2 bedroom apartment in *******, not the actual usage. I should be treated fairly and pay only for the electricity I use at my apartment. And, as I stated to them, I am not responsible for their accounting being off balance.
I also witnessed the realtor that assisted me in finding this place. Since she has been working with me in navigating the multiple questionable things that they do not only to me but all their tenants. ****** ******* ***************** ************I have also done some research on this and it seems like they are violating several Tenants Laws. That I have stated at the end.
Please let me know if there is anything else that I can do on my end.
Here is the original email communication they sent:
LX LOFTS <*****************************************>
Fri, Jan 24, 12:19?PM (12 days ago)Dear *** and ******,
We hope this message finds you well.
We are writing to inform you of an important update regarding the electrical charges for your unit. As part of our year-end evaluation for 2024, we conducted a thorough audit of the electrical bills assessed and billed to tenants over the past two years. During this process, we identified an issue with the electrical meter readings, which led to inaccurate billing for electricity usage.
The necessary adjustments have been carefully calculated, and we are now updating your charges to reflect the true usage/cost of electricity for your unit.
Based on historical averages bills for units of your size / historical average bills for your specific unit, we have calculated that the correct monthly electrical charge should be $125 / month on average. As a result, starting from January 2024, your account will be adjusted to reflect this amount, including a backdated adjustment for the past 12 months. Going forward, the electrical charge will remain fixed at the above amounts to balance out fluctuating usage throughout the year.
The revised charges will appear on your online balance in the ***************** If you have any questions or wish to discuss a payment plan for the backdated charges, please feel free to reach out to us. We will continue to be transparent in our communication with you as our tenant and make this transition as smooth and manageable as possible for you.
We appreciate your cooperation as we make these necessary adjustments to ensure accurate and fair billing.
Thank you,
LX LOFTSOn Wed, Jan 29, 2025 at 14:42 *** ********* <***************************> wrote:
Are you saying that going forward the bill is always going to be 125 or are we going to get discounted from what the REAL bill is? Because there been months that the electric bill wasnt even 50 dollars. Couldnt I just get my own meter reading and bill? I feel like its cheaper.*** ********* <***************************>Fri, Jan 31, 2:08?PM (5 days ago)
This is what Im referring to in regard to the electricity
You guys are charging me a flat ******************************************************************************************* for if you look at the picture attack of the bill the bill from the electric reading from 11/06/2024-12/02/2024 the total due was $6.87 highlighted in red.
Yet is not reflected in any of the amounts not to mention according to contract Im the proper math should be 150-6.87=143.13 credited back to my statement.
And this is consistent. If I do the math off all the months there is a significant discrepancy on the billing.Adi <*****************************> wrote:
As previously communicated to you via email: As part of our year-end evaluation for 2024, we conducted a thorough audit of the electrical bills assessed to tenants over the past two years. During this process, we identified an issue with the electrical meter readings, which led to inaccurate billing for electricity usage. To correct this, we will be implementing a fixed monthly charge of $125, which reflects the average electricity usage for a 2-bedroom apartment in ********
Your lease agreement includes a $150 base electricity deposit per month. The adjusted charges will reflect billing during your tenancy in 2024, as well as future billing, ensuring any discrepancies are accounted for. Going forward, the $125 per month charge will remain fixed, rather than being adjusted month-to-month. This fixed rate is actually lower than the original $150 placeholder deposit that was set, offering a more predictable monthly cost and smoothing out any fluctuations throughout the year.
We understand that this situation was not due to any fault on your part, and we apologize for the inconvenience. However, the necessary adjustments are required to correct the billing and align it with actual electricity usage and costs. We are committed to working with you to reach a fair resolution and are open to discussing a reasonable payment plan, if necessary. This adjustment does not change the terms of your lease, but it is necessary to correct the electricity billing going forward.
The electricity bills of $6 and $20 are examples of
false electricity meter readings from previous months. Even in the event that electricity has zero usage, electricity bills will still come out to be $30-$40 on average. And occupied units will obviously have electricity bills that are higher than this. For two bedroom units, a fair average bill for the entire year is $125 per month.
We appreciate your cooperation as we make these necessary adjustments to ensure accurate and fair billing.
Best regards,
LX LOFTSThis email shows that the charge of ***** for one bill in January. For electricity and how they claimed they used to charge us. Which never was accurate. They will never deduct the correct account. If you look at the other sample. Ive provided.
From: Adi ********************************************** Thu, Mar 7, 2024 at 7:21?PM
Subject: Re: Lease statement for ************************************** as of 3/1/2024 | LX LOFTS
To: *** ********* <***************************>
Hi ****,
As mentioned to you, we have already updated the January 2024 electric bill to $***** and the electric bill for February 2024 will be updated as soon as the bill comes in within the next few days (the owner just received the Reliant bill and has sent it to the submetering company for submetered billing per unit.
The $150 charge is posted each month on the first (in advance of the actual bill) and once the bill is received in the first days of the following month, the charge is updated to the exact amount.
Your actual electric bill is mailed to your mailbox each month. If you dont receive it we can send you a screenshot of the bill as well.
Best,
LX LOFTSOriginal statements since January 2024- to date.
**************************************
************************ #: 00624438
1/13/2024First full month's rent + "participation fee" for February 2024$1,995.00$1,995.00
1/13/2024Electricity for January 2024$*****$2,016.23
1/13/2024Security deposit$2,195.00$4,211.23
1/13/2024EFT convenience fee$3.00$4,214.23
1/13/2024by *** *********($1,003.00)$3,211.23
1/14/2024EFT convenience fee$3.00$3,214.23
1/14/2024by *** *********($1,198.00)$2,016.23
1/20/2024EFT convenience fee$3.95$2,020.18
1/20/2024by *** *********($2,148.95)($128.77)
1/24/2024REVERSED - (R01) Balance is not sufficient to cover value of transaction.: by *** *********$2,148.95$2,020.18
1/25/2024Returned payment fee$100.00$2,120.18
1/25/2024EFT convenience fee$3.95$2,124.13
1/25/2024by *** *********($2,298.95)($174.82)
2/1/2024Prorated rent for January 2024. Replaces full month's rent on 2/1$655.89$481.07
2/1/2024EFT convenience fee$3.95$485.02
2/1/2024by *** *********($763.79)($278.77)
2/1/2024Electricity for February 2024$42.73($236.04)
3/1/2024Rent$1,695.00$1,458.96
3/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,558.96
3/1/2024Fully-furnished$200.00$1,758.96
3/1/2024Electricity$150.00$1,908.96
3/1/2024EFT convenience fee$3.95$1,912.91
3/1/2024by *** *********($2,020.18)($107.27)
4/1/2024Rent$1,695.00$1,587.73
4/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,687.73
4/1/2024Fully-furnished$200.00$1,887.73
4/1/2024Electricity$150.00$2,037.73
Balance due: $2,037.73
5/1/2024Rent$1,695.00$1,570.61
5/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,670.61
5/1/2024Fully-furnished$200.00$1,870.61
5/1/2024Electricity$102.23$1,972.84
5/1/2024EFT convenience fee$3.95$1,976.79
5/1/2024by *** *********($2,024.56)($47.77)
6/1/2024Rent$1,695.00$1,647.23
6/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,747.23
6/1/2024Fully-furnished$200.00$1,947.23
6/1/2024Electricity$150.00$2,097.23
7/1/2024Rent$1,695.00$1,634.18
7/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,734.18
7/1/2024Fully-furnished$200.00$1,934.18
7/1/2024Electricity$150.00$2,084.18
8/1/2024Rent$1,695.00$1,695.00
8/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,795.00
8/1/2024Fully-furnished$200.00$1,995.00
8/1/2024Electricity$150.00$2,145.00
9/1/2024Rent$1,695.00$1,611.02
9/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,711.02
9/1/2024Fully-furnished$200.00$1,911.02
9/1/2024Electricity$150.00$2,061.02
10/1/2024Rent$1,695.00$1,625.51
10/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,725.51
10/1/2024Fully-furnished$200.00$1,925.51
10/1/2024Electricity$150.00$2,075.51
Balance due: $2,075.51
11/1/2024Rent$1,695.00$1,631.70
11/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,731.70
11/1/2024Fully-furnished$200.00$1,931.70
11/1/2024Electricity$150.00$2,081.70
Balance due: $2,081.70
12/1/2024Rent$1,695.00$1,605.39
12/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,705.39
12/1/2024Fully-furnished$200.00$1,905.39
12/1/2024Electricity$150.00$2,055.39
Balance due: $2,055.39
1/1/2025Rent$1,695.00$1,570.00
1/1/2025"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,670.00
1/1/2025Fully-furnished$200.00$1,870.00
1/1/2025Electricity$150.00$2,020.00
Balance due: $2,020.00
2/1/2025Rent$1,695.00$1,695.00
2/1/20258"Participation" fee for water, garbage disposal, pest control and gas$100.00$1,795.00
2/1/2025Fully-furnished$200.00$1,995.00
2/1/2025Electricity$150.00$2,145.00
Balance due: $2,145.00New Bill after they change things and after they adjusted the retrograded charges.
Current statement for **************************************
DateMemoAmountBalance
Prior balance $326.47
11/1/2024Rent$1,695.00$2,021.47
11/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$2,121.47
11/1/2024Fully-furnished$200.00$2,321.47
11/1/2024Electricity$125.00$2,446.47
11/2/2024EFT convenience fee$3.95$2,450.42
11/2/2024by *** *********($2,085.65)$364.77
12/1/2024Rent$1,695.00$2,059.77
12/1/2024"Participation" fee for water, garbage disposal, pest control and gas$100.00$2,159.77
12/1/2024Fully-furnished$200.00$2,359.77
12/1/2024Electricity$125.00$2,484.77
12/1/2024EFT convenience fee$3.95$2,488.72
12/1/2024by *** *********($2,059.34)$429.38
1/1/2025Rent$1,695.00$2,124.38
1/1/2025"Participation" fee for water, garbage disposal, pest control and gas$100.00$2,224.38
1/1/2025Fully-furnished$200.00$2,424.38
1/1/2025Electricity$125.00$2,549.38
1/1/2025EFT convenience fee$3.95$2,553.33
1/1/2025by *** *********($2,023.95)$529.38
2/1/2025Rent$1,695.00$2,224.38
2/1/2025"Participation" fee for water, garbage disposal, pest control and gas$100.00$2,324.38
2/1/2025Fully-furnished$200.00$2,524.38
2/1/2025Electricity$125.00$2,649.38
2/1/2025EFT convenience fee$3.95$2,653.33
2/1/2025by *** *********($2,148.95)$504.38
Balance due: $504.38Below is the information i found I mentioned at the begging of the email. I know you know this better than I do. But this was news to me. As this company doesn't even give us the 2 additional days to pay the rent.
Given the information provided and considering Texas law: 1. **Lease Agreement**: Your landlord mentions that your lease agreement includes a $150 base electricity deposit per month. However, there's no indication that this deposit was meant to cover actual electricity usage or that you agreed to be billed for utilities retrospectively. If the lease only mentions a "deposit" and not an actual charge or agreement for utility billing, the landlord's attempt to retroactively charge you for electricity usage might not be legally binding. 2. **Meter Reading and Billing Accuracy**: - The landlord's claim of fixing "false electricity meter readings" suggests they've identified billing errors. However, the method of adjusting to a flat rate based on an average without individual meter readings or specific usage data for your unit could be seen as arbitrary and potentially unfair. - **Texas Property Code** does not explicitly allow for retroactive billing for utilities without it being stipulated in the lease. If utility billing wasn't part of your initial agreement, this new charge might not hold up. 3. **Fixed Rate vs. Actual Usage**: Charging a fixed $125 per month regardless of actual usage might not be equitable, especially if utilities were not part of the initial agreement. This approach could be seen as circumventing the need to prove actual usage, which is crucial for fair billing. 4. **Legal Considerations**: - **Transparency and Documentation**: The landlord should provide clear documentation showing the discrepancy between billed amounts and actual usage. Without this, you have grounds to challenge the charges. - **Lease Terms**: The landlord states that this adjustment doesn't change the terms of your lease, but if the lease did not cover utility billing, this seems contradictory. - **Communication**: Your landlord is offering a payment plan, which is a good sign of cooperation but does not address the legality of the charges. 5. **Suggested Actions**: - **Request Detailed Proof**: Ask for detailed evidence of the meter reading discrepancies and how they've calculated the $125 average. You should also request copies of bills from the utility company to verify the claims. - **Negotiate or Refuse**: Since the charge was not part of your lease, you could negotiate or refuse to pay until it's legally clarified. - **Legal Consultation**: Speak with a tenant rights attorney in ***** to understand your rights better. They can help you determine if these charges are enforceable under Texas law, especially considering the retroactive nature of the billing. - **Payment Under Protest**: If you decide to pay to avoid further issues, do so "under protest," making it clear in writing that you are not agreeing to the validity of the charge but paying to avoid dispute. Remember, the key here is whether the lease explicitly made you responsible for utilities or if this change in billing practices was agreed upon by both parties. Since it appears this was not the case, you have a strong basis to contest these charges.
The specific "code" or law they might be breaching in ***** would primarily relate to contract law, tenant rights, and possibly consumer protection laws. Here's a breakdown based on the information provided: 1. **Contract Law - Breach of Contract (Texas Property Code)**: - **Section ********: This deals with utilities but not directly with billing. However, the broader implication is that tenants should not be subject to new charges not agreed upon in the lease. If utility billing wasn't in your contract and now you're being charged retrospectively, this could be seen as a breach since it alters the terms of the original agreement without mutual consent. 2. **Deceptive Trade Practices - Texas Deceptive Trade Practices - Consumer Protection Act (DTPA)**: - **Section *******: This section lists actions considered false, misleading, or deceptive. Charging for utilities without clear contractual agreement, especially after the fact, might be seen as unconscionable actions or practices. If the landlord is misrepresenting the billing or using false meter readings without providing proof, this could fall under deceptive practices. 3. **Unfair Billing Practices**: - While there's no specific Texas statute directly addressing utility billing for tenants, the fairness of billing practices can be scrutinized under general contract principles and consumer protection laws. Charging tenants for utilities without prior agreement or without accurately reflecting actual usage could be considered unfair or misleading. 4. **Texas Fair Housing Act**: - Although primarily concerned with discrimination, the overarching principle of fairness in landlord-tenant relations could be invoked if billing practices are seen as capricious or retaliatory. 5. **Texas Administrative Code - ************************* Rules**: - If the utility service provider is involved (even indirectly through the landlord), rules about billing, meter reading, and customer service might apply, but these would more directly affect the utility company rather than the landlord unless the landlord is submetering. Given these points: - The landlord might be in breach of contract by trying to impose new charges or significantly alter billing practices without an amendment to the lease agreed upon by both parties. - The practice of applying a flat rate without individual usage data, especially retroactively, could be seen as deceptive or at least unfair under consumer protection laws. - The lack of transparency or proof of the billing discrepancy could violate principles of fair dealing in landlord-tenant relationships. To directly address this, you should: - **Review your lease** to confirm whether utility billing was ever stipulated. - **Request detailed billing information** to verify the claims made by the landlord. - **Consider consulting with a lawyer** to evaluate if these actions breach any specific Texas laws or regulations pertaining to your situation. This situation underscores the importance of clear communication and agreement on utility charges in lease agreements to avoid such disputes.
The term "original codes" in your context likely refers to the statutes, regulations, or legal codes that govern landlord-tenant relationships, utility billing, and consumer protection in *****. Here's how these codes are typically structured and written: ### **Statutes** 1. **Texas Property Code**: - **Structure**: Divided into titles, subtitles, chapters, subchapters, and sections. - **Example**: - **Title 8**: Landlord and Tenant - **Chapter 92**: Residential Tenancies - **Section ********: Interruption of Utilities - **Language**: Statutes are written in legal language, often formal and precise, using terms like "shall", "may", "must", to denote obligations, permissions, or requirements. Here's an example from Section ******: ``` Sec. ******. INTERRUPTION OF UTILITIES. (a) A landlord or a landlord's agent may not interrupt or cause the interruption of utility service paid for directly to the utility company by a tenant unless the interruption results from bona fide repairs, construction, or an emergency. ``` 2. **Texas Deceptive Trade Practices - Consumer Protection Act (DTPA)**: - **Structure**: Part of the Texas Business and Commerce Code, divided similarly into titles, chapters, and sections. - **Example**: - **Title 2**: Competition and Trade Practices - **Chapter 17**: Deceptive Trade Practices - **Section *******: Deceptive Trade Practices Unlawful - **Language**: Lists specific practices considered deceptive, often using bullet points or enumerated lists for clarity: ``` Sec. *****. DECEPTIVE TRADE PRACTICES UNLAWFUL. (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer protection division under Sections *****, *****, *****, and ***** of this code. ``` ### **Regulations and Administrative Codes** 1. **Texas Administrative Code**: - **Structure**: Organized into titles, parts, chapters, and rules. For instance, rules by the ************************* might be under: - **Title 16**: Economic Regulation - **Part 2**: ************************* of Texas - **Chapter 25**: Substantive Rules Applicable to **************** Providers - **Language**: More detailed than statutes, often providing specifics on how laws are to be implemented, with procedural steps, definitions, and exceptions: ``` *****. Billing. (a) ************* utility shall bill each customer monthly for electric service in accordance with the following: (1) Bills shall be based on meter readings, and shall show all charges arising from the rate schedule applicable to the customer, including the current and previous meter readings. ``` ### **General Characteristics**: - **Legalese**: Use of formal legal terms, definitions, and phrases that might not be common in everyday language. - **Specificity**: Detailed provisions to cover various scenarios, often with exceptions or conditions. - **Cross-References**: Frequently refer to other sections or codes for clarity or because laws build upon each other. - **Amendments**: Laws are often updated, so codes include notes on amendments or changes to previous versions. These codes are public documents, available online through official state websites or legal databases, where you can find the exact wording, amendments, and interpretations by courts or regulatory bodies.Customer Answer
Date: 02/07/2025
Attached you'll find the original lease agreementBusiness Response
Date: 02/14/2025
Subject: Response to BBB Complaint ID: ******** - *** *********
Dear BBB,
Thank you for bringing this matter to our attention. We take all tenant concerns seriously and are committed to addressing them in a fair and transparent manner. We have been in direct communication with *** ********* and are actively working to resolve the concerns raised regarding their electricity billing.
As part of our year-end evaluation for 2024, we conducted an audit of the electrical bills assessed to tenants over the past two years. During this process, we identified discrepancies due to faulty electrical meter readings, leading to inaccurate billing, including for *** *********. To correct this, we are introducing a fixed monthly charge of $125, based on the average electricity usage for a 2-bedroom unit in *******. This new charge will apply to both past billing for *** *********** tenancy in 2024 and future charges, ensuring that any discrepancies are fully addressed.
The $125 monthly charge will remain fixed going forward, eliminating the need for month-to-month adjustments. This amount is actually lower than the original $150 "deposit" previously set, providing a more predictable and stable cost while smoothing out fluctuations over the course of the year. The backdated charges for the past 12 months are necessary to align billing with actual usage. Please note that this change does not alter the terms of the lease agreement, and we are open to discussing a reasonable payment plan with *** ********* for the backdated amounts, if needed.
We also want to address concerns regarding past electricity bills, such as the $6 and $20 charges, which were based on faulty and inaccurate meter readings. Even with zero usage, electricity charges for unoccupied units typically range between $30 and $40. and a fair average bill for an occupied 2-bedroom unit is $125 per month, which is now reflected in the new fixed rate.
We remain committed to working closely with *** ********* to ensure this matter is resolved fairly and transparently. We appreciate their cooperation as we make these necessary adjustments and will continue to maintain open communication to address any remaining questions or concerns.
Thank you for your involvement. We are confident this issue will be resolved promptly.
Please do not hesitate to contact us if further information is needed.
Most sincerely,
Luxurway McDuffieCustomer Answer
Date: 02/18/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.
[Provide details of why you are not satisfied with this resolution.]This is exactly the same thing that they told me prior to filing my complaint with the BBB as I previously shared. Ive spoken to several neighbors not living in this property, and larger dwelling than mine that have never received a bill of 125 as they are claiming. I want to have an itemized monthly bill from the power company only from my unit.
I should not have to pay for back charges since Im updated with my statements.
Regards,
Business Response
Date: 02/21/2025
Good afternoon,
Thank you for your response. We take all tenant concerns seriously and are committed to addressing them in a fair and transparent manner. We have been in direct communication with *** ********* and are actively working to resolve the concerns raised regarding their electricity billing.
As part of our year-end evaluation for 2024, we conducted an audit of the electrical bills assessed to tenants over the past two years. During this process, we identified discrepancies due to faulty electrical meter readings, leading to inaccurate billing, including for *** *********. To correct this, we have implemented a fixed monthly charge of $125, based on the average electricity usage for a ~1200 sq.ft two-bedroom unit in *******. This new charge will apply to both past billing for *** *********** tenancy in 2024 and future charges, ensuring that any discrepancies are fully addressed.
According to public data, the average electricity bill for a two-bedroom apartment unit (~1200 sq. ft) in ******* typically ranges from $125-250 per month, which is also consistent with the $150 electricity deposit set in the lease agreement that *** ********* signed. For example:
- In 2024, the cost per kWh from ************** for the property at 1801 Huldy ranged from ***** ($0.13378) at its lowest to ***** ($0.16451) at its highest last month (most recently). Electricity costs in ***** are projected to increase in 2025, with residential rates expected to average between 15 and 18 per kWh, including delivery fees. (Source: Electricity Plans: ****************************************************************************************************************************************************).
- Based on the ****************************** kWh calculator, for a ~1200 sq. ft. unit with 2 tenants and average usage (not accounting for excessive usage of AC in the summer months, which increases electricity bills considerably), the average monthly usage is 909 kWh. (Source: Compare Power Energy Usage Calculator: *****************************************************************).
- Using the 909 kWh average monthly usage for a unit of this size and multiplying by the $0.16451 per kWh (which is last month's kWh cost at 1801 Huldy), the electricity bill should have been $149.53 last month. The overall range for electricity costs can fluctuate from $125 to $250 per month for a unit of this size, depending on factors such as seasonality and individual tenant usage ************************************** *********************************************************************************************************).Our fixed rate of $125 is significantly below the initial $150 deposit benchmark set in the lease agreement and is both fair and reasonable based on average monthly usage. It offers a more predictable cost for both us as a landlord and for *** ********* while smoothing out fluctuations in electricity billing throughout the year.
We understand *** *********** request for an itemized monthly bill/statement specifically for their unit. However, we want to clarify that the previous monthly bills/statements were based on inaccurate and faulty meter readings, which we have since identified. These readings do not accurately reflect the actual usage of the specific unit and, as such, cannot be relied upon for determining the correct charges.
The backdated charges for the past 12 months are necessary to align billing with actual usage and correct these inaccuracies. The previous charges, such as the $6 and $20 monthly bills, were based on faulty readings. Even in cases of zero usage, electricity charges for unoccupied units typically range between $30 and $40 per month to account for minimal base load costs. To address these discrepancies, we have implemented the fixed rate of $125, which more accurately reflects the fair and average monthly electricity consumption for your ~1200 sq. ft., two-bedroom unit.
We have also offered a reasonable payment plan for the backdated charges, if needed. We remain committed to working closely with *** ********* to resolve this matter fairly and transparently.
We appreciate their cooperation as we implement these adjustments and will continue to maintain open communication to address any remaining questions or concerns. We are confident this issue will be resolved promptly.
Please feel free to contact us if any additional information is required.
Best regards,
LUXURWAY MCDUFFIECustomer Answer
Date: 02/28/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.
[Provide details of why you are not satisfied with this resolution.]Based on their response It seems like they are getting a bill pertaining to my unit. I would like to get a copy of the bill, and the ones for my unit for going back to January 2024 from where they are drawing a conclusion that I owe them 504.
I must see the bills, going aback the 12 months that they are billing and going forward every single month.
In addition, as I've told them, I am not responsible for their accounting billing. It is not my responsibility to pay for their accounting errors. I must see the bills not just the breakdown. I must see a copy from the electricity company with my unit and my name on it.
Regards,
Business Response
Date: 03/05/2025
Dear **** *********,
This response is in regards to the inaccurate electricity billing for your apartment (Unit 5) at ********************************. We received your letter on March 3, 2025 at 12:03pm from the BBB of *******.
We would like to clarify the issue further to ensure there is no misunderstanding. The billing issue is not an accounting error but rather a meter reading error. During our year-end audit for 2024, we discovered discrepancies due to faulty submeters and their readings. As a result, the charges you received previously cannot be relied upon for accurate consumption data, and we apologize for any confusion this may have caused.
Regarding your request to see a bill with your unit and name on it, we want to clarify that you did receive itemized electricity bills every month for your unit (Unit 5) through December 2024 from the third-party meter reading company. However, these bills were not issued under your name, as the electricity account for the entire property is connected under Luxurway McDuffie with the electricity provider, **************. Therefore, while the bills were linked to your unit, they were not directly associated with your personal name because the electricity account cannot be connected and was never connected under your name.
To address your concerns more specifically:
1. Itemized Bills and Discrepancies: As you know, you received itemized electricity bills every month for your apartment (Unit 5) through December 2024 from the third-party meter reading company. However, these bills were based on faulty submeters and their readings, which means that the kWh consumption and costs per month do not reflect actual usage. The discrepancies were discovered during our year-end audit for 2024, and as a result, the previous bills cannot be relied upon for accurate data. For example, charges like the $6 and $20 monthly bills were based on faulty readings and do not accurately represent your electricity usage.
2. Meter Ownership and Billing Structure: It is important to note that the electricity account is not under your name, but instead, the meter is registered under Luxurway McDuffie. This means the bills were not generated under your name.
3. Backdated Charges and Adjustments: To reconcile the discrepancies caused by the faulty submeter, we have implemented backdated charges for the past 12 months. These adjustments are necessary to align the billing with actual usage. Even in cases of zero usage, electricity charges for unoccupied units typically range between $30 and $40 per month to account for minimal base load costs (e.g., running refrigerators, lighting). Therefore, previous charges such as the $6 and $20 bills do not reflect the actual costs of electricity for your unit.
4. Fixed Monthly Charge Implementation: Moving forward, to provide both predictability and fairness, we have implemented a fixed monthly charge of $125, based on the average electricity usage for a ~1200 sq. ft. two-bedroom unit in *******. This fixed rate is significantly below the initial $150 deposit benchmark set in the lease agreement, which was agreed upon and signed by both parties. It is both fair and reasonable based on average monthly usage. The new fixed rate offers a more predictable cost for both us as a landlord and for you, while smoothing out fluctuations in electricity billing throughout the year. This charge will apply to both past billing for your unit in 2024 and future charges.
Additional Information on ******************* Costs:
According to public data, the average electricity bill for a two-bedroom apartment unit (~1200 sq. ft) in ******* typically ranges from $125-$250 per month, which is also consistent with the $150 electricity deposit set in the lease agreement that you signed. For example:
- In 2024, the cost per kWh from ************** for the property at 1801 Huldy ranged from ***** ($0.13378) at its lowest to ***** ($0.16451) at its highest last month (most recently). Electricity costs in ***** are projected to increase in 2025, with residential rates expected to average between 15 and 18 per kWh, including delivery fees. (Source: Electricity Plans: ****************************************************************************************************************************************************)
- Based on the ****************************** kWh calculator, for a ~1200 sq. ft. unit with 2 tenants and average usage (not accounting for excessive usage of AC in the summer months, which increases electricity bills considerably), the average monthly usage is 909 kWh. (Source: ******************** Usage Calculator: *****************************************************************)
- Using the 909 kWh average monthly usage for a unit of this size and multiplying by the $0.16451 per kWh (which is last month's kWh cost at 1801 Huldy), the electricity bill should have been $149.53 last month. The overall range for electricity costs can fluctuate from $125 to $250 per month for a unit of this size, depending on factors such as seasonality and individual tenant usage (Source: Quora ******* Community: *********************************************************************************************************
We are committed to maintaining transparency and resolving this matter fairly. If you have any further questions or require additional information, please dont hesitate to contact us. Thank you for your cooperation as we move forward with these adjustments.
Best regards,
LUXURWAY MCDUFFIECustomer Answer
Date: 03/10/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.
Regards,
Business Response
Date: 03/16/2025
Dear **** *********,
With regards to the electricity billing for Unit 5 at *************, our previous response provided a detailed explanation of the billing adjustments, and we would like to take this opportunity to summarize the information to ensure full clarity:
- The billing discrepancies were not due to an accounting error but rather a meter reading error caused by faulty submeters. As we outlined, during our year-end audit for 2024, we discovered inconsistencies in the meter readings, which led to previously issued charges that do not accurately reflect actual usage.
- You received itemized electricity bills every month for your unit (Unit 5) through December 2024 from the third-party meter reading company. However, due to the faulty submeters, the previously recorded kWh consumption and charges (such as $6 and $20 per month) were incorrect and significantly lower than the actual usage and cost of electricity for a unit of this size.
- *************** account for the property is held under Luxurway McDuffie with *************** As such, the electricity bills are not issued under individual tenant names.
- As a corrective measure, adjustments were necessary to reconcile the discrepancies caused by the faulty submeter readings. The backdated charges ensure that electricity costs align with actual consumption, rather than the faulty readings that led to unrealistically low charges. Even in cases of minimal usage, a typical unoccupied unit still incurs base load electricity costs of at least $30-$40 per month.
- Moving forward, a fixed monthly charge of $125 has been implemented to provide predictability and fairness. This amount is based on the average electricity usage for a ~1200 sq. ft. two-bedroom unit in *******, which typically falls within the $125-$250 range per month. The new fixed rate smooths out seasonal fluctuations and is consistent with the $150 electricity deposit benchmark outlined in the lease agreement, which was agreed upon and signed by both parties.
Since you have stated that our proposed resolution does not resolve your complaint, we would appreciate clarification on which specific aspects remain unresolved. If there are any points that require further explanation, please let us know so that we may address them accordingly. Our goal remains to maintain transparency and ensure a fair resolution based on accurate electricity usage.
Best regards,
LUXURWAY MCDUFFIECustomer Answer
Date: 04/03/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.They have failed to provide proper documentation to prove that what they claim I owe, and have not removed the charges from my account. on top of that they are blocking my ability from making payment.
I will be filing a separate complaint in regards to them blocking me from paying my rent.
Regards,
Business Response
Date: 04/08/2025
Dear **** *********,
We are writing in response to your most recent message, in which you allege that (1) we have failed to provide proper documentation for electricity billing charges and (2) that you have been blocked from making your rent payment.
We must state clearly and for the record that both of these claims are false and without merit:
Lack of Documentation Supporting Charges:
We have already provided comprehensive documentation and multiple written explanations detailing the nature of the electricity billing charges. This includes a breakdown of the underlying meter reading errors (faulty meter readings), comparisons with average usage for similar units, and third-party data sources to establish fair and reasonable rates.
The documentation previously sent fully substantiates the electricity billing charges. Any continued claim that these charges are unsupported is factually incorrect.
For your reference, we have included our most recent responses in full below, dated March 5, 2025 and March 16, 2025, which outline all relevant details.
Being Blocked from Paying Rent:
This claim is also entirely false. You have not been prevented from making payment. Rather, you have refused to pay the full balance due, which includes both your monthly rent and the outstanding electricity billing charges for past usage.
Partial payments that exclude valid electricity charges do not satisfy the terms of your lease agreement. As of today, your account remains past due for those unpaid electricity charges.
False and Misleading Statements:
We remain committed to addressing tenant concerns with professionalism and transparency. However, the claims made in your BBB complaint are inaccurate, misleading, and damaging to our business and reputation.
Ongoing spread of such statementswhether shared publicly, privately, with other tenants, or posted onlineposes a serious risk to our business and reputation and may result in further harm.
If these false statements are not addressed, we may consider legal action to protect our business interests. We also reserve the right to seek compensation for any reputational or financial damage resulting from these defamatory claims.
Resolution:
As a gesture of good faith and in order to resolve this matter, we have credited your account for 50% of the balance due for the valid electricity charges you still owe. We have been transparent and professional throughout this process and remain committed to a fair and accurate resolution.
Sincerely,
LUXURWAY MCDUFFIE=======================================
Prior Response March 16, 2025
Dear Enoe *********,
With regards to the electricity billing for Unit 5 at *************, our previous response provided a detailed explanation of the billing adjustments, and we would like to take this opportunity to summarize the information to ensure full clarity:
- The billing discrepancies were not due to an accounting error but rather a meter reading error caused by faulty submeters. As we outlined, during our year-end audit for 2024, we discovered inconsistencies in the meter readings, which led to previously issued charges that do not accurately reflect actual usage.
- You received itemized electricity bills every month for your unit (Unit 5) through December 2024 from the third-party meter reading company. However, due to the faulty submeters, the previously recorded kWh consumption and charges (such as $6 and $20 per month) were incorrect and significantly lower than the actual usage and cost of electricity for a unit of this size.
- *************** account for the property is held under Luxurway McDuffie with *************** As such, the electricity bills are not issued under individual tenant names.
- As a corrective measure, adjustments were necessary to reconcile the discrepancies caused by the faulty submeter readings. The backdated charges ensure that electricity costs align with actual consumption, rather than the faulty readings that led to unrealistically low charges. Even in cases of minimal usage, a typical unoccupied unit still incurs base load electricity costs of at least $30-$40 per month.
- Moving forward, a fixed monthly charge of $125 has been implemented to provide predictability and fairness. This amount is based on the average electricity usage for a ~1200 sq. ft. two-bedroom unit in *******, which typically falls within the $125-$250 range per month. The new fixed rate smooths out seasonal fluctuations and is consistent with the $150 electricity deposit benchmark outlined in the lease agreement, which was agreed upon and signed by both parties.
Since you have stated that our proposed resolution does not resolve your complaint, we would appreciate clarification on which specific aspects remain unresolved. If there are any points that require further explanation, please let us know so that we may address them accordingly. Our goal remains to maintain transparency and ensure a fair resolution based on accurate electricity usage.
Best regards,
LUXURWAY MCDUFFIE
=======================================
Prior Response March 5, 2025
Dear Enoe *********,
This response is in regards to the inaccurate electricity billing for your apartment (Unit 5) at ********************************. We received your letter on March 3, 2025 at 12:03pm from the BBB of *******.
We would like to clarify the issue further to ensure there is no misunderstanding. The billing issue is not an accounting error but rather a meter reading error. During our year-end audit for 2024, we discovered discrepancies due to faulty submeters and their readings. As a result, the charges you received previously cannot be relied upon for accurate consumption data, and we apologize for any confusion this may have caused.
Regarding your request to see a bill with your unit and name on it, we want to clarify that you did receive itemized electricity bills every month for your unit (Unit 5) through December 2024 from the third-party meter reading company. However, these bills were not issued under your name, as the electricity account for the entire property is connected under Luxurway McDuffie with the electricity provider, *************** Therefore, while the bills were linked to your unit, they were not directly associated with your personal name because the electricity account cannot be connected and was never connected under your name.
To address your concerns more specifically:
1. Itemized Bills and Discrepancies: As you know, you received itemized electricity bills every month for your apartment (Unit 5) through December 2024 from the third-party meter reading company. However, these bills were based on faulty submeters and their readings, which means that the kWh consumption and costs per month do not reflect actual usage. The discrepancies were discovered during our year-end audit for 2024, and as a result, the previous bills cannot be relied upon for accurate data. For example, charges like the $6 and $20 monthly bills were based on faulty readings and do not accurately represent your electricity usage.
2. Meter Ownership and Billing Structure: It is important to note that the electricity account is not under your name, but instead, the meter is registered under Luxurway McDuffie. This means the bills were not generated under your name.
3. Backdated Charges and Adjustments: To reconcile the discrepancies caused by the faulty submeter, we have implemented backdated charges for the past 12 months. These adjustments are necessary to align the billing with actual usage. Even in cases of zero usage, electricity charges for unoccupied units typically range between $30 and $40 per month to account for minimal base load costs (e.g., running refrigerators, lighting). Therefore, previous charges such as the $6 and $20 bills do not reflect the actual costs of electricity for your unit.
4. Fixed Monthly Charge Implementation: Moving forward, to provide both predictability and fairness, we have implemented a fixed monthly charge of $125, based on the average electricity usage for a ~1200 sq. ft. two-bedroom unit in *******. This fixed rate is significantly below the initial $150 deposit benchmark set in the lease agreement, which was agreed upon and signed by both parties. It is both fair and reasonable based on average monthly usage. The new fixed rate offers a more predictable cost for both us as a landlord and for you, while smoothing out fluctuations in electricity billing throughout the year. This charge will apply to both past billing for your unit in 2024 and future charges.
Additional Information on ******************* Costs:
According to public data, the average electricity bill for a two-bedroom apartment unit (~1200 sq. ft) in ******* typically ranges from $125-$250 per month, which is also consistent with the $150 electricity deposit set in the lease agreement that you signed. For example:
- In 2024, the cost per kWh from ************** for the property at 1801 Huldy ranged from ***** ($0.13378) at its lowest to ***** ($0.16451) at its highest last month (most recently). Electricity costs in ***** are projected to increase in 2025, with residential rates expected to average between 15 and 18 per kWh, including delivery fees. (Source: Electricity Plans: ****************************************************************************************************************************************************)
- Based on the ****************************** kWh calculator, for a ~1200 sq. ft. unit with 2 tenants and average usage (not accounting for excessive usage of AC in the summer months, which increases electricity bills considerably), the average monthly usage is 909 kWh. (Source: ******************** Usage Calculator: *****************************************************************)
- Using the 909 kWh average monthly usage for a unit of this size and multiplying by the $0.16451 per kWh (which is last month's kWh cost at 1801 Huldy), the electricity bill should have been $149.53 last month. The overall range for electricity costs can fluctuate from $125 to $250 per month for a unit of this size, depending on factors such as seasonality and individual tenant usage (Source: Quora ******* Community: *********************************************************************************************************
We are committed to maintaining transparency and resolving this matter fairly. If you have any further questions or require additional information, please dont hesitate to contact us. Thank you for your cooperation as we move forward with these adjustments.
Best regards,
LUXURWAY MCDUFFIECustomer Answer
Date: 04/23/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.My complain is not false, and I have plenty of documentation to support my claim.
Just so I am clear, I am being threaten with legal action for practicing my first amendment right?
I am not paying for something that I did not agree in my lease statement.
Please note that this is being documented.
Regards,
Business Response
Date: 04/29/2025
Please see a copy of our last email message sent to you:
Enoe,
We acknowledge receipt of your move-out notice dated March 10, 2025, in which you informed us of your intent to vacate the property on May 10, 2025. You also requested "...that no prospective tenants or other individuals be permitted to enter the apartment for the purpose of showing or inspection prior to my vacating.".
Please find a copy of your original notice attached for your reference.We would like to take this opportunity to remind you of the terms and tenant obligations outlined in your Residential Lease Agreement, specifically:
1. Notice of Termination Paragraph 4, Section B (1)According to the lease agreement, your notice of termination is effective on the last day of the month following the month in which the notice is given. Therefore, your lease terminates on May 31, 2025, not May 10, 2025. Additionally, as stated in the lease:
Landlord is not obligated to prorate rent even if the Tenant surrenders the Property before the termination date.
As such, lease termination cannot occur mid-month, and you are responsible for rent through the end of May 2025.
2. Utilities Paragraph 11
Per your lease agreement, you are responsible for all utility charges during your tenancy, including electricity, gas, water, wastewater, garbage services, etc.. These must remain active and paid through the lease termination date. The $150 monthly electricity deposit is outlined in the lease agreement, which was agreed upon and signed by both parties.
We have already provided comprehensive documentation and multiple written explanations detailing the nature of the electricity billing charges.
The lease agreement and accompanying documentation previously sent fully substantiates the electricity billing charges. Any continued claim that these charges are unsupported is factually incorrect.
3. Access by Landlord Paragraph 14, Sections D (1) and (2)
The lease provides the landlord with the right to show the property to prospective tenants during the final 60 days of the lease. This includes the right to place a keybox on the property for access. If a tenant wishes to withdraw this authorization, they must:
Provide written notice to the landlord, and
Pay a fee equal to one months rent as consideration.
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $ one month's rent as consideration for the withdrawal.
Per your lease agreement, you are obligated to allow access to the property for showings during the last 60 days of your lease. Should you withdraw this access, you will be required to pay an additional fee equivalent to one month's rent.
4. Interference with Business and Prospective Tenants
It has come to our attention that you have approached prospective tenants and licensed realtors visiting the property to view other apartment units. During these unsolicited interactions, you made false, misleading, and disparaging statements about the property and our business. As a result, several interested parties chose not to proceed with leasing.
This behavior is unacceptable and constitutes Tortious Interference with business operations. If it continues, the property owner reserves the right to pursue legal action to recover financial damages, which already total several thousand dollars.
You are hereby advised to immediately cease all false, defamatory, or otherwise interfering communicationswhether verbal, written, in person, or through any online platform or social mediaregarding the property, your lease, or our business, with any prospective tenants, real estate professionals, or other third parties.
Any further attempts to interfere with business operations, undermine leasing efforts, misrepresent facts, and/or cause financial or reputational harm may compel us to address the matter through appropriate legal action.
------------------------------------------------------------------------------------------------------------
A copy of your lease agreement is attached for your review and reference.As of this date and per your residential lease agreement, please be advised of the following lease obligations including (but not limited to):
Payment of rent through the lease termination date of May 31, 2025
Payment of all outstanding electricity charges through the lease term
Allowing access to the property for showings to prospective tenants during the final 60 days or payment of a fee equal to one month's rent as consideration for the withdrawal of access by landlord for showings to prospective tenants
That said, the landlord may be willing to release you from the lease early, on May 10, 2025, upon execution of a mutual release agreement.
We would like to discuss this matter to reach a mutually agreeable resolution. Please contact us at your earliest convenience to discuss the terms of an early release if you wish to proceed.
SincerelyCustomer Answer
Date: 05/08/2025
Better Business Bureau:
I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this proposed action would not resolve my complaint.I was forced and coerce into paying an amount I did not agreed.
[Provide details of why you are not satisfied with this resolution.]
Regards,
Business Response
Date: 05/12/2025
Good afternoon,
Below, please find a copy of our most recent correspondence to **** *********, dated April 30, 2025. As a gesture of good faith, we proposed a mutual agreement to release **** ********* from the residential lease agreement, including a waiver of any outstanding electricity charges. ** requested a response to this proposal by May 5, 2025. Unfortunately, as of today, we have not received a reply from **** *********.
** are continuing to seek an amicable resolution and mutual closure to this matter; however, **** ********* has not replied with her intentions at this time.==================================
Date: April 30, 2025
To: **** *********
******************
****************
Enoe,
** request that you please cease any further escalation of this matter while we work toward a mutual agreement. Our goal is to find a fair and cooperative resolution without the need for further legal actions or third-party involvement.** are writing in response to your recent communications. ** categorically deny all of your allegations and stand by our previous claims, including those regarding the terms of your lease, your rent obligations, utility & participation payments, and access to your apartment for property showings.
That being said, while we stand by our claims, we still wish to bring this matter to resolution.
In good faith, we are offering a mutual agreement to release you from the lease under the following terms:
Mutual Release Agreement: Both parties will sign a Mutual Release Agreement, which will fully release both parties from any further claims or liabilities arising from the lease agreement and your tenancy
Lease Termination Date: ** are willing to release you from the lease on May 10, 2025, upon execution of the Mutual Release Agreement, effectively ending your obligations under the lease at that time.
Outstanding Payments: In exchange for the early lease termination, you will be responsible for a prorated fee through May 10, 2025 for the following:
Prorated rent, Prorated charge for furniture, Prorated electricity and participation costsWaiver of **************** Charges: As consideration for this agreement, we will waive any outstanding electricity usage charges that accrued during your tenancy in year 2024, which were necessary to reconcile the discrepancies caused by the faulty sub-meter readings.
Security Deposit Refund: The deposit will be refunded within 30 days after you vacate the property, assuming that there is no damage to the property nor the furniture, the property is cleaned, keys and remote controls are returned, etc.
Please confirm receipt of this letter and respond with your intentions by Monday, May 5, 2025 at 5:00 PM. Once we receive your acceptance of these terms, we will provide the Mutual Release Agreement for your review and signature.** would like to resolve this matter amicably. However, should you choose not to respond to or comply with these terms by Monday, May 5, 2025, we will proceed with enforcing the full lease obligations through May 31, 2025.
Additionally, we may exercise our rights under the lease to allow access for property showings and inspections. ** reserve the right to pursue any legal remedies necessary to address any breaches of the lease.
While we are offering in good faith the possibility of an early lease termination through the mutual release, we ask you to refrain from interfering with our business operations, misrepresenting facts, speaking with potential tenants and realtors on the property etc.
Please confirm receipt of this letter and respond with your intentions by Monday, May 5, 2025, so that we can move forward with sending you the Mutual Release Agreement and proceed with the resolution.
Sincerely,
Luxurway McDuffie LLC.
Copy of our Latest Response on April 23, 2025:
Enoe,
** acknowledge receipt of your move-out notice dated March 10, 2025, in which you informed us of your intent to vacate the property on May 10, 2025. You also requested "...that no prospective tenants or other individuals be permitted to enter the apartment for the purpose of showing or inspection prior to my vacating."
Please find a copy of your original notice attached for your reference.
** would like to take this opportunity to remind you of the terms and tenant obligations outlined in your Residential Lease Agreement, specifically:
1. Notice of Termination Paragraph 4, Section B (1)
According to the lease agreement, your notice of termination is effective on the last day of the month following the month in which the notice is given. Therefore, your lease terminates on May 31, 2025, not May 10, 2025. Additionally, as stated in the lease:
Landlord is not obligated to prorate rent even if the Tenant surrenders the Property before the termination date.
As such, lease termination cannot occur mid-month, and you are responsible for rent through the end of May 2025.
2. Utilities Paragraph 11
Per your lease agreement, you are responsible for all utility charges during your tenancy, including electricity, gas, water, wastewater, garbage services, etc. These must remain active and paid through the lease termination date. The $150 monthly electricity deposit is outlined in the lease agreement, which was agreed upon and signed by both parties.
** have already provided comprehensive documentation and multiple written explanations detailing the nature of the electricity billing charges.
The lease agreement and accompanying documentation previously sent fully substantiates the electricity billing charges. Any continued claim that these charges are unsupported is factually incorrect.
3. Access by Landlord Paragraph 14, Sections D (1) and (2)
The lease provides the landlord with the right to show the property to prospective tenants during the final 60 days of the lease. This includes the right to place a keybox on the property for access. If a tenant wishes to withdraw this authorization, they must:
Provide written notice to the landlord, and
Pay a fee equal to one months rent as consideration.
(1) Tenant authorizes Landlord, Landlord's property manager, and Landlord's broker to place on the Property a keybox containing a key to the Property: (a) during the last 60 days of this lease or any renewal or extension; and (b) at any time Landlord lists the Property for sale with a Texas licensed broker. (2) Tenant may withdraw Tenant's authorization to place a keybox on the Property by providing written notice to Landlord and paying Landlord a fee of $ one month's rent as consideration for the withdrawal.
Per your lease agreement, you are obligated to allow access to the property for showings during the last 60 days of your lease. Should you withdraw this access, you will be required to pay an additional fee equivalent to one month's rent.
4. Interference with Business and Prospective Tenants
It has come to our attention that you have approached prospective tenants and licensed realtors visiting the property to view other apartment units. During these unsolicited interactions, you made false, misleading, and disparaging statements about the property and our business. As a result, several interested parties chose not to proceed with leasing.
This behavior is unacceptable and constitutes Tortious Interference with business operations. If it continues, the property owner reserves the right to pursue legal action to recover financial damages, which already total several thousand dollars.
You are hereby advised to immediately cease all false, defamatory, or otherwise interfering communicationswhether verbal, written, in person, or through any online platform or social mediaregarding the property, your lease, or our business, with any prospective tenants, real estate professionals, or other third parties.
Any further attempts to interfere with business operations, undermine leasing efforts, misrepresent facts, and/or cause financial or reputational harm may compel us to address the matter through appropriate legal action.
A copy of your lease agreement is attached for your review and reference.
As of this date and per your residential lease agreement, please be advised of the following lease obligations including (but not limited to):
Payment of rent through the lease termination date of May 31, 2025
Payment of all outstanding electricity charges through the lease term
Allowing access to the property for showings to prospective tenants during the final 60 days or payment of a fee equal to one month's rent as consideration for the withdrawal of access by landlord for showings to prospective tenants
That said, the landlord may be willing to release you from the lease early, on May 10, 2025, upon execution of a mutual release agreement.
** would like to discuss this matter to reach a mutually agreeable resolution. Please contact us at your earliest convenience to discuss the terms of an early release if you wish to proceed.
************
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