ComplaintsforAvalonBay Communities, Inc.

• Initial Complaint

  09/19/2023

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  Sorry I had to submit another one as I think I didn't associate the complaint with the correct business owner last time.I lived in the ********************** apartment for almost 3 years and was charged unreasonably high move-out fee when leaving. I paid cleaning service to completely clean the apartment but was still charged $705 on cleaning fee. The $540 carpet cleaning fee from the statement are fabricated 'estimate' and the apartment failed to provide any proof to justify the charge, there is no damage on the carpet beyond normal wear and tear and I have no pet.

  Business response

  10/09/2023

  October 9, 2023

  Dear *** ******:
  I have received the aforementioned complaint filed by ** ** and have reviewed his account in its entirety.

  Sections 49 and 50 of the lease agreement that *** ** signed on November 16, 2020, explains that the apartment must be clean and in the same condition as it was received except for ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment and carpet cleaning are not considered ordinary wear and tear. The expenses related to apartment and carpet cleaning will be the responsibility of *** **.

  On August 22, 2023, our maintenance staff conducted the final inspection and found noticeable stains on the carpet, which seemed consistent with pet-related damage. While it is possible that *** ** did not have a pet, it was necessary to address these stains through a standard cleaning process conducted by ******* ********** Cleaning Services, our trusted third-party vendor. Furthermore, during the inspection, it was observed that the kitchen sink, stove top, bathroom sink, and tub required cleaning.
  

  We wish to clarify that the damage charge is not an estimate but rather an accurate representation of the incurred expenses. Enclosed herewith, you will find the invoice from ******* ********** Cleaning Services.

  On December 10, 2022, as a participant in our early deposit refund program for ***** **** ******, *** ** received a check totaling $125.00, which reflects half of the security deposit. We have verified that this check was successfully processed and cashed on December 27, 2022. The remaining portion of your security deposit, amounting to $125.00, was subsequently applied to offset the $705.00 damage charge. 
  

  In the interest of resolving this matter, the management staff of ***** **** ****** has agreed to waive the $705.00 damage charge. Due to this credit, we will refund $705.00. We will process this refund in 7- 10 business days and *** ** can expect a check via *** Next Day Air to the forwarding address we have on file once the refund is processed.

  On behalf of AvalonBay, I would like to thank *** ** for his residency. We wish him the best in his future endeavors.
  

  Please feel free to contact me directly with any questions. 
  

  Yours truly,
  
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Business response

  10/09/2023

  Hello ****************,

  Please see attached references. 

  Customer response

  10/20/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  *********
  

• Initial Complaint

  09/14/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  Moved out of apartment complex Avalon ************** in April 2023. They took our deposit, we also paid a cleaning fee. Before moving into the apartment we filled out an apartment move in checklist. Noted on that is the damages to the fridge and stove. The apartment complex has copies of this, that we did not do this. They are charing over $900 for damages that we did not do. While they have proof of this they will not remove these charges.

  Customer response

  09/19/2023

  The move in checklist shows we noted the dent on the door and the stoverop needs repair. I also included the receipt. They took our deposit and a clean sweep fee. 

  Customer response

  09/20/2023

  The only update I have is that I had to pay the fee or they threatened to send it to collections which will go on my credit history. 

  Business response

  09/26/2023

  September 26, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ****** ******* and have reviewed his account in its entirety.

  Sections 49 and 50 of the lease agreement that *** ******* signed on February 23, 2022, explains that the apartment must be clean and in the same condition as it was received except for ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment cleaning and appliance replacement are not considered ordinary wear and tear. The expenses related to stove and refrigerator replacement will be the responsibility of *** *******.

  After further review, *** ******* move-in checklist reveals damages to both the refrigerator and stove on his move in date February 26, 2022. Specifically, the refrigerator exhibits dents, while our final inspection on April 26, 2023, uncovered scratches on it. Furthermore, our maintenance staff identified a broken oven handle and scratches on the stove top.
  

  As a customer service gesture, the management staff of Avalon **** ****** has agreed to waive the damage charges of $1,211.28 and $105.00 for the clean sweep charge to thank *** ******* for his residency. Due to this credit, a refund of $1,316.28 will be processed within 7-10 business days and *** ******* can expect a check via UPS Next Day Air for $1,316.28 to the forwarding address we have on file once the refund is processed.
  

  On behalf of AvalonBay, I would like to thank ****** ******* for their residency. We wish him the best in his future endeavors.

  Please feel free to contact me directly with any questions.
  

  Yours truly,
  

  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/29/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  ***************************
  

• Initial Complaint

  09/08/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am a new tenant in Avalon apartments in ************. In less than two months, the window on the first floor has been leaking. The last time it happened, they assured that they have applied a sealant from outside and it will not happen again. But again today, we have water coming into the window sil and the floor. the apartements are really shoddy and the repair was even shoddier. I want avalon to fix this issue immediately.

  Business response

  09/25/2023

  September 25, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ****** ***** and have reviewed their account in its entirety with Avalon at ******* ****.
  

  First, I would like to apologize to ****** ***** for any inconvenience they may have incurred. We appreciate ****** *****’s desire to have this matter reviewed by the Better Business Bureau; however, ****** *., Community Manager, has confirmed that these issues have been resolved.
  

  On June 26, 2023, our maintenance team promptly addressed a work order submitted by ****** *****, addressing a window leak. The repair was successfully completed on June 27, 2023.

  Later, on September 8, 2023, ****** ***** submitted another work order ticket for an additional leak, which our maintenance staff promptly responded to on the same day. The leak repair was carried out by a third-party vendor and was completed on September 11, 2023.

  Subsequently, on September 12 and September 16, 2023, ****** verified the completion of the work with ****** ***** and inquired about any potential leaks following a few days of rain and ****** ***** confirmed that there were no further issues. It is important to note that the leaks stemmed from two different underlying problems.
  

  On behalf of AvalonBay, I would like to thank ****** ***** for their residency.

  Please feel free to contact me directly with any questions.
  

  Yours truly,
  ******* *******
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/29/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
  Complaint: ********
  I am rejecting this response because:
  

  1. We moved into this apartment on June 13th and on June 26th itself, in less than a month the first leak happened. We were not warned of any leaks and my laptops and expensive electronics were near the window. I have to consider myself lucky that I found the leak in time otherwise I would have suffered irreparable loss of my personal property. I would like Avalon to comment on why didn't they do a through check of the apartment before renting it out? I want a detailed explanation from Avalon on why this leak happened in the first place, how they audit their buildings on whether they are tenant ready or not. 

  2. Avalon is saying that they promptly addressed the work order. How exactly did they do that? By providing me with a fan and asking me to keep the noisy fan on to dry the area and a bucket to collect the water. That's not what addressing the core issue is. Promptly addressed is an euphemism here for the maintenance staff just showing up to the door and saying they cannot do anything about it right now. 

  3. They said that they fixed the issue but all they did was apply some gooey material outside the frame of the window. I assumed they are the experts at windows and trusted them that the issue is fixed. But again after a few weeks, we have a leak in the same window. Avalon is saying that the leaks stemmed from two different problems, but what exactly are these problems? Can Avalon elaborate on this? Also while fixing the first problem, why didn't Avalon proactively fix the second problem as well? Also who is going to reimburse me for the mental torture of dealing with multiple leaks, my time wasted in dealing with Avalon maintenance staff, the electricity bill for running the fan for 24 hours? 

  The entire email from Avalon reeks of a callous attitude of not taking any ownership of their apartments. Avalon has failed it's tenants on two fronts 1. Not doing the due diligence before renting out the apartment 2. Not fixing the issue completely when it occurred in the first place so that it never occurs again. 

  Yes, there have been no leaks since then but this exact callous attitude is worrying me not to put anything near the window as it might leak anytime. And Avalon will claim that there is a third issue which is now causing the leak. I am not asking Avalon to send a rocket to Mars but to take complete ownership of fixing a leaking window and provide 100% guarantee that it will not leak again in the future. 

  Is Avalon ready to provide this guarantee? 

  Regards,
  
  ***********************

• Initial Complaint

  09/07/2023

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  I moved out of AvalonBay Communities located at ************************ Los Angeles, CA ******* Unit ***** on November 7, 2022, with my lease beginning on October 5, 2021. I was charged a deposit of $3,455.00 when I moved in. Upon leaving the unit AvalonBay charged me $1,771.77. They charged me for the repainting of the unit totaling $670.00 and the Full Carpet Replacement totaling $956.77. As well as an additional $145 for Apartment Cleaning. I did not change the paint on the walls in any way, and the carpet in the apartment only had normal wear and tear. Due to these reasons, I strongly feel that it is not my responsibility to pay for the Repainting and the Carpet replacement when this is something that is done upon moving out of any unit. That being said I should be reimbursed a total of $1,626.77, and only charged for the cleaning of the unit totaling in $145.00.

  Business response

  09/27/2023

  September 27, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by **** ********** and have reviewed her account in its entirety.
  

  The enclosed sections 49 and 50 of the lease agreement that *** ********** signed on October 5, 2021, states that the apartment must be clean and in the same condition it was when it was received, except for ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment cleaning, painting, and carpet replacement are not considered ordinary wear and tear. *** ********** will be required to pay the cost of labor for painting, carpet replacement, and apartment cleaning for any portion of the apartment that was damaged.

  On November 9, 2023, our maintenance team conducted a final inspection and identified a need for additional coats of paint due to pervasive smoke odor within the apartment. Furthermore, the living room and bedroom carpets were found to need replacement. It is important to note that the carpet was replaced on September 21, 2021, which was prior to *** **********’s move in date on October 21, 2021.
  

  As a customer service gesture, the management staff of AVA ****** ***** has agreed to waive $670.00 which represents the painting charges. Since the apartment was not returned in its original condition, AvalonBay is of the firm belief that no additional credits are warranted. We will process this refund in 7-10 business days and *** ********** can expect a check via UPS Next Day Air for $670.00 to the forwarding address we have on file one the refund is processed.
  

  On behalf of AvalonBay, I would like to thank *** ********** for her residency. We wish her the best in her future endeavors.

  Please feel free to contact me directly with any questions.
  

  Yours truly,
   
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/30/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  
  Regards,
  
  *****************************
  

• Initial Complaint

  09/05/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I very much enjoyed my stay with Avalon communities . I stayed at Avalon Bay @ ******* ****. Rent was paid on time for 15 months. small damages where taken out of the deposits and everything seemed okay. My deposit of nearly 5K was sent and had a secondary residence name on the check who has moved out the country. She signed a waiver and had it notarized and sent on august 8th 2023. A fee was to be taken out of the deposit and fee for expedited shipping. I called 7 days later to check status and was told everything is approved just processing and you’ll receive tracking when check is sent. Next week was the same story The week after I was told that the fee was actually never applied and that’s what caused the delay. I was then told it was handled and another 7-10 days of processing and 2 days for certified mail on the house. It’s now September and I first called to check on status and was told it was sent in the mail on august 29. I checked mail and see that the check still had a secondary residence name on it. When asked for a manager, I was told it’ll take 24-48 hours. This isn’t right and needs to be mitigated. Your team new all last month and lied and told me everything was fine. Then told me it was the fee holding everything up and then come to find out it’s still the same check sent me. I need check ASAP for my security deposit that has only my name on it. As the other resident already waived the check last month on 8th of august. This is my first step to mitigate. My next step is get ahold of corporate and after that I’ll have no choice but to get lawyers involved.

  Business response

  09/18/2023

  September 18, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ******* **** and have reviewed his account in its entirety.

  First, I’d like to apologize for any inconvenience *** **** may have incurred. We appreciate *** ****’s desire to have this matter reviewed by the Better Business Bureau, however, this matter has been resolved.

  A refund check of $431.61 was issued in *** ****’s name only and mailed on September 15, 2023. 
  

  Please allow 7-10 business days for mailing.
  

  On behalf of AvalonBay, I would like to thank *** **** for his residency. We wish him the best in his future endeavors.
  

  Please feel free to contact me directly with any questions.

  Yours truly,

  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

• Initial Complaint

  08/22/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I hope this letter finds you well, albeit under circumstances that demand immediate attention and resolution. I write to formally address a series of critical concerns that have arisen during my tenancy at ***** ******** ** UNIT *** IRVINE CA *****, which have led to an untenable living situation and potential breaches of tenant rights and fair housing regulations. 1. **Uninhabitable Apartment and Rent Dismissal:** As of 08/21/2023, I have evacuated the apartment due to the ongoing and unresolved issues surrounding flooding and property damage. The inability to inhabit the rental property is a direct consequence of these circumstances. Therefore, I kindly request that all rent charges for the period during which the apartment has been uninhabitable be dismissed. It is only just and fair to acknowledge the hardships I have endured as a result of these conditions. 2. **Discriminatory Practices Regarding Amenities and Access:** In addition to the concerns related to the property's habitability, I must bring to your attention a series of troubling incidents that suggest discriminatory practices. It has come to my attention that your company has actively prevented me from utilizing the amenities provided with the rental property. Furthermore, there have been instances where my family and visitors have been denied access to my unit through the use of smart devices and monitoring systems. The monitoring of my access and activities via cameras within my private living space raises serious concerns regarding my privacy and rights as a tenant. These actions create an environment that feels invasive, unwelcoming, and potentially discriminatory. It is my belief that all tenants are entitled to equal access to amenities and the right to privacy within their rented space, free from undue surveillance or discriminatory practices. In light of the aforementioned concerns, I request the following actions: 1. **Immediate Rent Dismissal:** Given the uninhabitable conditions and my formal evacuation of the property, I kindly request that all rent charges for the period of uninhabitability be dismissed. 2. **Cease Discriminatory Practices:** I urge you to cease any discriminatory practices that violate my rights as a tenant, including restricting access to amenities and monitoring my living space without my informed consent. 3. **Transparent and Swift Resolution:** I expect a transparent and timely response outlining the actions that your company will take to address the issues raised in this letter. 4. **Correction and Compensation:** I also expect compensation for the damages incurred to my personal property as a result of the property's conditions and a formal acknowledgment of the discriminatory practices that have taken place.

  Business response

  09/07/2023

  September 7, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ***** ******* and have reviewed his account in its entirety.
  

  According to the provisions laid out in Section 4 of the lease agreement executed by *** ******* on June 27, 2022, it explicitly prohibits the leasing of his apartment to transient occupants or advertising the apartment for short-term rentals, which includes platforms such as Airbnb, under any circumstances. I have enclosed this Section 4 of the lease agreement for *** *******’s convenient review.
  

  On August 23, 2022, *** ******* received a 3-day notice to remedy his breach of the lease agreement, which had arisen due to his apartment being listed on the Airbnb website and subsequent restricted access to the amenities such as the fitness center, clubroom, pool, etc. Following his removal of the ****** listing and reinstatement of amenity access, *** ******* reposted the advertisement, resulting in another notice being issued on March 28, 2023. Consequently, in response to his persistent subleasing, the management team of Avalon ****** revoked his access privileges once more. In an email correspondence, **** *., the Community Manager, clarified to ** ******* that no surveillance cameras are situated
  within private areas of the community, with monitoring limited exclusively to public common areas.
  

  *** *******’s assertion that his apartment was uninhabitable lacks merit. Our maintenance team promptly addressed a leak issue in *** *******’s apartment and determined that an improperly installed bidet was the root cause of the problem and that it was likely installed by his unauthorized occupants.
  

  The management team inquired whether he required temporary accommodation, but *** ******* indicated he would keep the occupants in the apartment. Subsequently, he expressed a desire to move his furniture, which he was offered storage units; however, the storage units were deemed insufficient in size for his needs.
  

  As a customer service gesture, the Community Manager of Avalon ******, allowed *** ******* to terminate his lease agreement as of his move out date of August 21, 2023, and waived the 30-day Notice and early termination fee. Additionally, we applied a credit of $918.71 to *** *******’s account. This credit encompasses prorated rent for five days amounting to $668.71, and an additional $250.00 in consideration of any inconveniences that *** ******* may have experienced due to the leak. AvalonBay firmly believes that all remaining charges are valid, and no other credits will be applied.
  

  As of today, there is an outstanding balance of $3,175.85 which can be settled by *** ******* calling our Resident Recovery team at ###-###-####.
  

  On behalf of AvalonBay, I would like to thank *** ******* for their residency. We wish him the best in his future endeavors.
  

  Please feel free to contact me directly with any questions.
  

  Yours truly,
  
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

• Initial Complaint

  08/22/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I am the former tenant of ** ***** ******, APT ***, Union City, CA*****. Recently, I received the refunded deposit from Avalon ***** **** and was extremely surprised to find that I didn't receive the full amount. I believe there might be some misunderstanding that led to this situation. Here's what happened: Our lease ended on June 29th. We scheduled a move-out inspection on June 26th. At that time, the condition of the house was excellent, clean, and without any damage. Maintenance Manager ***** ****** approved and commended us for the thorough cleaning, welcoming us to rent from Avalon in the future. Additionally, we returned the keys to him, and he assured us that everything was in order and no charges would be deducted. As you can see in the attached file, we were charged $335 for Damage/Itemized Charges and $313 for Accelerated Rent. I believe these were mischarged. 1. For the $335 Damage/Itemized Charges, it shouldn't be charged because Maintenance Manager inspected the condition of the apartment and gave us his word that there would be no more additional fees. 2. For $313 Accelerated Rent, it shouldn't be charged because we informed the leasing office that we would move out 30+ days before our lease end date. Also, we handed in our keys on Juen 26th during the move out inspection which was earlier than our lease end date June 29th

  Business response

  09/08/2023

  September 8, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ****** ***** and have reviewed his account in its entirety.
  

  First, I’d like to apologize for any inconvenience he may have incurred.
  

  The enclosed section 44 of the lease agreement outlines that if *** ***** wanted to end his lease early that he must provide a 30-day written notice to terminate. It’s important to note that *** ***** would still be responsible for all rent, additional charges and any outstanding sums accrued until the new lease end date.

  On May 24, 2023, the management staff of Avalon ***** **** acknowledged *** *****’s thirty (30) day Intent to Vacate form, specifying his move-out date as June 28, 2023. However, *** ***** ended up vacating the apartment two days earlier than initially indicated, leaving on June 26, 2023. Despite his early departure, in accordance with the terms of the lease agreement, *** ***** remains responsible for rent through the notice period ending on June 28, 2023. Upon a detailed review, it was determined that *** ***** was incorrectly charged accelerated rent charge of $313.00. To rectify this error, we will provide a credit of $104.33 representing a prorated amount for one day of rent charged for January 29, 2023. 
  

  Sections 49 and 50 of the lease agreement **. signed on March 29, 2022, explains that the apartment must be clean and in the same condition as it was received except for ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment cleaning is not considered ordinary wear and tear. The expenses related to the labor for apartment cleaning will be the responsibility of *** *****.

  As a customer service gesture, we will waive the damage charge of $335.00 to thank *** ***** for his residency. We will refund $439.33 which reflects a combined total of both the damages and 1 prorated day of rent. We will process this refund within 7-10 business days and *** ***** can expect a check via *** Next Day Air for $439.33 to the forwarding address we have on file once the refund is processed.

  On behalf of AvalonBay, I would like to thank *** ***** for his residency. We wish him the best in his future endeavors.
  

  Please feel free to contact me directly with any questions.
  

  Yours truly,
   
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

• Initial Complaint

  08/21/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On October 19, 2022 i signed my lease for AvalonBay - ******* park place. At that time i was told that i needed to hurry and complete a few steps before anyone else could take the unit which i did. During that time i was offered to go with the renters insurance coverage that AvalonBay community provided. At which point i was only informed about 1 option of coverage and told that would cover all the coverage I need. Fast forward some months later, my car along with many other residents of the community was broken into and vandalized. This resulted in over $2000 worth of valuables stolen from my vehicle! The 1st thing i did was call the police, then the leasing office (which they didnt answer that day) to report the incident. Immediately the next day, i went to the leasing office in person to speak to a manager about my dissatisfaction with the lack of urgency or security for the residents. It has always been advertised as a gated community, to attract new residents like myself, however the main gate majority of the time is left open giving direct exposure and access to non-residences and in this case CRIMINALS! My issue is, While i was raising my concerns of security to management, i inquired about initiating a claim through the renters insurance policy to recover the damages from the break in. That is when i was told that my policy wouldnt cover personal damages outside of my unit because i never opted into the insurance product that added that protection. THIS IS WHERE MY COMPLAINT COMES! Never once was told about any other insurance product or coverage that Avalon offers besides the one i selected. Had i known there was another policy type with more protection i Certainly wouldve chosen to have it. I was also told rudely that AvalonBay community isnt responsible for what happened. Which i feel that the security gate being left inoperable is a direct correlation to what occurred. Lastly i feel i was misrepresented when i began my lease and should be refunded

  Business response

  09/06/2023

  September 6, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ******** ******** and have reviewed his account in its entirety.
  

  First, I’d like to apologize to *** ******** for any inconvenience he may have incurred.
  

  The enclosed section 32 of the lease agreement that *** ******** signed on October 18, 2022, and every renewal after explains that if *** ******** does not maintain minimum required insurance that we may schedule the apartment home for coverage under the landlord required legal liability insurance and that will provide the minimum required insurance coverage. The total cost of the liability coverage would be charged to *** ******** by us, hence the liability only charges billed since October 20, 2022. Section 32 also states that the landlord required legal liability insurance does not cover your personal property and that if you desire or require any of these coverages, then *** ******** should contact an insurance agent
  or company of his choice.
  

  *** ******** contacted the management team via email to report the unfortunate incident of his car being broken into and vandalized due to what he perceived as inadequate security measures. In response, the management team explained that security cannot be guaranteed solely by gates, cameras, or patrols, emphasizing that leaving valuables in the car could attract break-ins.

  While we acknowledge *** ********’s desire for a refund for any losses he may have suffered, AvalonBay maintains the position that it was *** ********’s sole responsibility to reach out to an insurance provider to secure coverage for his personal belongings, as outlined in the terms of the lease agreement.
  

  On behalf of AvalonBay, I would like to thank *** ******** for his residency.

  Please feel free to contact me directly with any questions.
  

  Yours truly,
   
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

• Initial Complaint

  08/20/2023

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  60 day notice was given and moved out on 5/2/23. They billed be through 5-16-23 and finally via email said they fixed that but still billed me for utilities through 5/16/23. They also billed me to replace the carpet and said it was damaged. I disputed that and asked for proof of what was damaged with no reply. There was no damage to the carpet and under CA law I can not be billed for normal wear and tear. I have been dealing with them to fix the billing so I can pay my final bill and it's still wrong. I need the utilities date fixed and proof I damaged the carpet because it was not damaged and will not pay that. They also put my move out date as the 16th and waved rent the 2nd-16th because CA law says they only 21 days to return deposit or say why they kept it and they did not meet that date. Therefore I could dispute all charges, and I will if I am required to take this to the next step in small claims court. I have also filed a complaint with the State of CA consumer protection agency and the Attorney General office. I resided at **** ******** ** Unit *. If you finally resolve this issue I will withdraw this complaint and the other two as well.

  Business response

  09/07/2023

  September 7, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ***** **** and have reviewed his account in its entirety.

  Sections 49 and 50 of the lease agreement that *** **** signed on December 15, 2021, explains that the apartment must be clean and in the same condition as it was received except for ordinary wear and tear. 

  Ordinary wear and tear is considered unavoidable damage and apartment cleaning and carpet replacement are not considered ordinary wear and tear. The expenses related to the labor for apartment cleaning and carpet replacement will be the responsibility of *** ****.
  

  The enclosed Security Deposit Agreement outlines the conditions for refunding the $150.00 security deposit. To be eligible for a refund, the apartment must have no defects or damages, excepts those clearly documented on the Move-in checklist. Additionally, *** **** must have paid all rent due under the lease up to its termination.
  

  Our maintenance team conducted a conclusive inspection on May 19, 2023, and identified the need for a comprehensive cleaning of the entire apartment. Furthermore, the assessment indicated that the carpet required replacement. Unfortunately, no photographs were taken during the final inspection; however, all identified damages were duly recorded on the move-out checklist by our maintenance team. For *** ****’s convenience, I have included the move-out checklist for his review.

  After further review, I found that the *** ****’s move-out date was initially recorded as May 19, 2023.

  The final statement which reflected this incorrect date was dispatched on June 3, 2023, falling within the stipulated twenty-one (21) days as required by the California Civil Code 1950.5.
  Subsequently, on June 16, 2023, our Prior Resident team corrected *** ****’s move-out date to accurately reflect May 2, 2023. In alignment with this correction, an account credit of $1,899.24 was issued, covering prorated utilities amounting to $18.82 and prorated rent of $1,880.42, which had ben charged from May 3, 2023, through May 19, 2023. Furthermore, on July 19, 2023, the charge of the key fob was removed, resulting in an additional credit of $75.00.

  Enclosed, please find a detailed financial breakdown outlining the adjustment for utilities. It is important to note that the last payment received from *** **** was dated March 28, 2023, with no subsequent payments made for rent or utilities through his departure. This led to outstanding charges for both rent and utilities.

  As of today, there is an outstanding balance of $1,707.34 which can be settled by *** **** calling our Resident Recovery team at ###-###-####.

  On behalf of AvalonBay, I would like to thank *** **** for his residency. We wish him the best in his future endeavors.

  Please feel free to contact me directly with any questions. 
  

  Yours truly,
   
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/17/2023

  [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
  
   Complaint: ********
  I am rejecting this response because:
  My intent to vacate was submitted on March 3rd and clearly shows a move out date of May 2nd, 2023 (Attachment 1, 2). However, multiple documents show an incorrect move out date of May 19th (Attachments 6, 7, 8, 9 and 16). We were finally credited for the dates of May 3rd-May 19th after weeks of trying to remedy this issue. However, the most recent statement still shows an incorrect move out date as May 19th (with a financial responsibility through May 2nd) (Attachment 16). As stated previously, this is a clear attempt at circumventing the 21-day timeframe to either return the security deposit or provide a detailed list of charges (See California Civil Code 1950.5, Section (g), Paragraph (1)). We moved out May 2nd, and have proof of such in multiple documents (Attachment 1, 2, 3). A detailed statement of charges was not provided until June 5th, well over a month past the aforementioned 21 day deadline. Confirmation of the vacation of the premises was provided to ******* on May 3rd, 2023, to which no reply was received. Astoundingly, my most recent bill reflects the complete incompetency of this company as I am still being billed for Utility, Sewer, Trash, and Water through May 19th (Attachment 16). I refuse to pay charges that were incurred weeks after my move out date. Additionally, between March 3rd and May 2nd 2023, I was never notified of my option to have an initial inspection done on my apartment in which I could attend. This is in direct violation of California Civil Code 1950.5, Section (f), Paragraph (1), which states, "Within a reasonable time after notification of either party’s intention to terminate the tenancy, or before the end of the lease term, the landlord shall notify the tenant in writing of the tenant’s option to request an initial inspection and of the tenant’s right to be present at the inspection.". Again, this option was never presented and thus I did not have a chance to remedy any issues pertaining to the carpet. Furthermore, I refuse to believe the inspectors report that the carpet was damaged in every single room of the apartment (BR1, BR2, living room, dining room, and loft). We used the loft  5-6 times in our year and a half time span, so this is a clear indication of a fraudulent claim of carpet damage. Additionally, I witnessed carpet being replaced or renovations taking place after each of our neighbors vacated the premises; which makes me even more weary that you are trying to just foot the bill of the replacement onto me. You failed to provide any evidence of damage to the carpet, and I am confident that the carpet was not damaged beyond normal wear and tear. Furthermore, you failed to follow California Civil Code in 2 separate instances (section g and f). Based on the lack of damage to the carpet, lack of evidence, and deviation from California Civil Code, I refuse to pay for the carpet. I'll pay for the cleaning charge as a sign of good faith on my part, even though I could also dispute this as a result of your negligence in following California Civil Code. I have said multiple times that I am willing and ready to close out my account with the charges that I duly owe, but I refuse to pay for utilities when I was not there, nor for a carpet that wasn't damaged. I have attached a document which contains 17 attachments which provides a clear timeline of events from March 11th - Current. Please read them in all of their capacity so you can understand the situation at hand. It has been months now, and I am growing impatient. Should you still choose to deny my request to remove the charges for the carpet and utilities, I have substantial evidence that will hold up in small claims court which will prevent me paying a single dime to your company. Moreover, I will sue for additional damages resulting from this complete incompetency. The choice is yours; as soon as these charges are removed, I will pay out what I rightfully owe (2 days rent, utilities from April 16th-May 2nd, and the cleaning charge). 
  

  Regards,
  
  *******************

  Business response

  09/19/2023

  September 19, 2023

  Dear *** ******:
  

  Thank you for your reply to our most recent communication.

  Respectfully, *** **** submitted his intent to vacate form on March 11, 2023, specifying his move-out date as May 2, 2023. Enclosed, you will find *** ****’s final statement, accurately reflecting his moveout date. 

  In the interest of resolving this matter, the management staff has agreed to waive the damage charges of $1,358.36 to thank *** **** for his residency. As of today, the outstanding balance is $348.98 which accounts for utilities charged for service dates February 16, 2023, through May 2, 2023, can be settled by *** **** calling our Resident Recovery team at ###-###-####.

  At this time we have provided all relevant information available related to this matter. We apologize this is not to *** ****’s satisfaction, however, we believe firmly that all applicable information was provided in our previous responses.

  We thank *** **** for his residency with Avalon *********. AvalonBay now considers this matter closed.

  Please feel free to contact me directly with any questions.

  Respectfully,
  ******* *******
  Loss Mitigation Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/20/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me. 
  

  I have paid the account in full and have a balance of $0. Thanks for your help. 
  
  Regards,

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

• Initial Complaint

  08/18/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Every thing about this company is true. From the first time I moved in back in 12/2020, the apartment was not clean and the carpet was dirty (I have the walk through I did on video). I had a stalker that lived in the same complex, when I informed the leasing office they didn’t take it seriously it was like a joke to them. I had PTSD for the situation and had to obtain a restraining order . The leasing office started placing bets on me… I was told this by one of the maintenance workers. I can go on and on with issues regarding this company, also ADA violations.

  Customer response

  08/23/2023

  Here is some of my proof. If you want the medical records and bills that,  can also be provided. I was relocated for my safty and that can be proven also. The DA's Office in LA (victims unit) helped me move and under the circumstances I had a right to leave due to the hostile living enviromant at the complex. What I want is for this company to responsibilty for their employees and their conduct.
  The leasing office knew that thing they have done to me were wrong. I no longer live in that complex and I want my slate and the roommates slate whipped clean...that means no bad marks on our credit and the owners of the complex should have to pay for my pain and suffering and all I have lost, but there are somethings I can't get back and that is since of security and peace of mind.

  Customer response

  09/01/2023

  This is not a repair complaint this is a renters rights complaint...

  Customer response

  09/01/2023

  Housing Authority is also doing an investigation and I am waiting on that one from them.

  Business response

  09/12/2023

  September 12, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by ********* ****** and have reviewed her account in its entirety.

  First, I’d like to apologize to *** ****** for any inconvenience she may have incurred as we understand the importance of feeling safe and secure in your home.
  We were in contact with *** ****** in both September and October of 2021 regarding the stalking incident. During this time, *** ****** informed us of her intention to handle the matter through the legal system. It’s important to mention that, despite the safety concerns related to the stalking incidents, *** ****** did not express any desire to relocate during that period. She ultimately moved out of her apartment on August 11, 2023.

  ***** *., the Community Manager of ***** *** *****, has confirmed that during *** ******’ tenancy, no ADA accommodation requests were brought to our attention. We are more than willing to thoroughly examine these claims once *** ****** furnishes the necessary documentation. Furthermore, our management team has no knowledge of any wagers being made involving *** ******.

  As of today, there is an outstanding balance of $5,402.16 which can be settled by *** ****** calling our Resident Recovery team at ###-###-####.

  On behalf of AvalonBay, I would like to thank *** ****** for her residency. We wish her the best in her future endeavors. 

  Please feel free to contact me directly with any questions.
  Yours truly,
   
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  09/22/2023

  I don't agree with the invoice I was sent. AvalonBay Communities was trying to bill me for things 1. Internet that I was already paying for 2. Renters insurance that I was already paying for 3. Try to get me to pay for a remodle on an apartment when on the day of my moved in the place was not cleaned and damages had been noted with my video walk through sent to leasing staff on the day I moved in.

*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. ↩