Complaint Review: Westbrooke Commons

This report is regarding Westbrooke Commons Apartments in Rochester, New York. They may also be known as Westbrooke Associates and they are part of the "Cabot Group" realty owners.

When I moved out of Westbrooke a year and a half ago (August 2004) they told me that I would have to check back on the status of my security deposit. The security deposit was for $600 that my roommate and I split upon moving in. I returned about a month later to check on the status of this security deposit and they told me to come back in two weeks. I checked the lease and according to the lease they were allowed 6 full weeks to determine how much of the security deposit would be returned.

So I returned two weeks later and was asked to come back later. I returned three days later and was told that the final statement for my account was still not complete. At this time I decided to ask to speak to a manager because I was concerned about the situation. I had just started a new trimester of college and needed the money from my security deposit to pay for my new books. When I asked for the manager I was told that she was not in.

I then returned a couple of days later and immediately asked for the manager. This time I was told that "the manager is out to lunch". I asked the lady at the front desk of the office to have her call me.

So a couple of days went by and I didn't hear anything back from the manager. I went back into the office and asked to see her. This time I was told that "the manager is on vacation". I demanded to find out the status of my security deposit and the lady in the front office walked back into rear office area for a minute or two. I must note that this was a very busy day and the office had several other people in it waiting for some form of help. The lady came back out and informed me by word of mouth that "your security deposit has been forfeited because of a failure to submit a notice of departure."

At the time I was disgruntled but naively figured that there was nothing I could do. I did not understand that I had to provide a written notice of departure because I had recently received a notice to renew my lease. I was under the impression that not renewing my lease was enough notice for them to realize I was leaving.

At this time I dropped the issue and decided to accept my losses.

About a year later (fall 2005) I received a notice from Westbrooke stating that I owed money on a past due account. This is where things really got interesting. I went to the office and once again immediately asked for the manager. The lady at the front desk proceeded to put me through the whole "the manager isn't here" routine. She then asked if there was anything that she could help me with. I decided to ask her what the deal was with my account and see if she could help me. She went into the back area and came back with the "Final Statement of Account". She then proceeded to explain to me that the carpeting in the dining room, living room, and hallway of the apartment I leased was damaged and had to be replaced for a total of $700.

This claim is totally %100 certifiably false. There is absolutely no way all of that carpeting or even some of it was damaged in any way. We had always removed our shoes upon entering and kept the carpet clean. We also made sure upon leaving the apartment that we checked every nook and cranny for damage so that we would get our deposit back.

I immediately refuted her claim and told her the entire story leading up to that point. When I mentioned that another lady had told me our deposit was simply forfeited because of a failure to provide a notice of departure she replied that that was not the problem. She then went on to (with an extremely bitchy attitude) tell me that she was "sorry for the confusion but this is the amount that is owed". I attempted to argue with her but she just kept repeating that same line getting bitchier and bitchier.

She then told me that she would have the manager call me and shooed me out the door. Obviously, I have heard nothing from the manager since. I have tried calling her a couple of times but always get the classic "the manager isn't here". Hell, through all of this I still don't even know what the manager looks like.

My roommate and his cosigner have gone through pretty much the same process as me but with the same results.

Upon further examination of the "Final Statement of Account" that the lady provided me with I found that the date on the statement that was filed out was December 30 2004. This was four months after I moved out!

It became very apparent to me at this time that they initially fabricated an excuse to get rid of me way back in 2004 and then proceeded to compose a fraudulent document two and a half months after the fact to cover their asses.

Now I am hearing constantly from a collection agency that they have filed the debt with. I refuse to pay them any more money than they have already scammed me out of.

My roommate and his cosigner have contacted the BBB and apparently we aren't the first ones to file a claim. The unfortunate thing in all of this is that it was so long ago we just sort of forgot about it for a while and lost our copies of the lease and other relevant paperwork. We're now kind of stuck on what to do about this issue. Any Help would be greatly appreciated.

I would like to hear from anyone who has a similar story about Westbrooke Commons.

Randy
Rochester, New York
U.S.A.