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  • Report:  #46769

Complaint Review: Westbrooke Commons - Henrietta New York

Reported By:
- Livonia, New York,
Submitted:
Updated:

Westbrooke Commons
133 Golden Rod Lane Henrietta, 14623 New York, U.S.A.
Web:
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Categories:
Tell us has your experience with this business or person been good? What's this?
I sublet an apartment back in July of 2002. I found a better price on an apartment in a residential home so I was going to move out. I went to the office and let them know I would not be staying , they told me I had to sublet the apartment, fine. They were great at working with me to find someone to fill it. (I had told them to let the deposit ride to fill the apartment quicker). Within 24hrs.

I had someone to fill the slot. She looked at it and agreed to take it. I told the office and they said I would have to sign papers for it. When I went in and signed the papers they told me at that time, not before hand, that I would have to pay a $250.00 fee, which was stated in the lease ( I checked).

But they said since I let the deposit ride they would tell the other tenant to come up with half the fee. I agreed. I was also told that the new tenant was only staying until December 2002, something that wasn't mentioned before. I asked if I would have to find someone to sublet after December, they said no, that the girl and the office would work together to find a new tenant. I then asked about my deposit, they said that they would mail it to my new address in January and the new tenant would just be required to pay them for the deposit.

Well, in January I had not heard anything about my deposit, so I mailed them a letter asking about it. I gave my e-mail address and was sent an e-mail stating the girl decided to stay until March 31, 2003. Now the office has my current mailing address, not once was I sent a letter stating that she was extending her stay. They said MY money had to stay with the apartment.

Okay, in my opinion this clearly tells me that I no longer have anything to do with the sublet or the apartment because they never notified me about the change in the sublet. It also tells me that THEY should have had the girl pay them a deposit if she wanted to stay longer than the agreed dates. I could be wrong, but then again that's why I am posting this.

I also found out that the office has gone through a change in management recently. I contacted by e-mail, (only because my worl hours are the same as their business hours), the new manager and explained to her the situation. She said the money stayed with the apartment and that no one there knew what I was talking about.

I recieved an e-mail today asking if I had proof that I paid the sublet fee ($125.00) because they had no record of it. I have proof that I did and on it the dates are from August 1, 2002 to December 31, 2002. She also said my lease doesn't end until July 2003 and if I planned on subletting it. OKay, they obviously hardly read the e-mails I sent because I was told they would take care of it with the girl.

I asked for the General Managers name and number three times in seperate e-mails and have yet to receive that. Anyone have any ideas what I can do?

I do realize that I signed a lease agreement for one year and that I sublet the apartment for a specific time and that I held the deposit over, but they changed the sublet without my notification or approval, shouldn't that void out any contract previously signed? Any suggestions would be helpful.

Thanks for Listening,

Tired of Being Screwed Around,

Thomas

Livonia, New York
U.S.A.


1 Updates & Rebuttals

Anon

Miami,
Florida,
U.S.A.
Actually, they are being fairly decent

#2Consumer Suggestion

Mon, February 24, 2003

Hi-- The landlords in this case are being fairly decent. Some landlords don't allow sub-lets at all. I'd be most concerned about the change in management. If there isn't anything in your file at the office, all the information disappeared with the change in personnel. Since it's a sub-let and not a brand new lease with your sub-leasor, the management is under no obligation to get a new deposit from her, since you are the one on the lease. When I managed property, we did not allow sublets. If someone had to break a lease, we found a new tenant. The old tenant was responsible for any rent loss and turnover costs. There was no lease breakage fee. That gets a tenant off the hook permanently, but in your situation you might be better off with the deal they gave you. Allowing a sub-let means you aren't paying for all the time the apartment may have sat empty between you leaving and the company finding a new permanent tenant. I don't think they are trying to screw you. They wouldn't really be obligated to notify you that the sub-leasor decided to extend her stay. The only thing they are obligated to do is deal with you at the end of your lease term. They have a lot of other situations going on every day, and since you are pretty much out of the picture at this point, they probably wouldn't notify you. What I would do if I were you is to write a polite letter with all the facts, monies paid, names, dates, etc. and send it to the office. Remind them of what was discussed with the previous manager and ask that the letter get put in your file, so when it does come time to return your deposit they know the story. Tell them how much your deposit was, the fact that the sub-leasor has not paid any of that and that you expect that money returned at the end of your lease term. Good luck with you situation. I think the management has more than met you halfway and will continue to do so if dealt with politely and matter of factly.

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