ComplaintsforAvalonBay Communities, Inc.

• Initial Complaint

  08/17/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  My family and I have lived in the Avalon community since sept of 2022 after suffering a house fire. We signed an 11 month lease with the company. Our security deposit for the facility was $750. Our lease ended on 08/06/2023. On 08/06/2023 one of the workers of the facility came in to look at the apartment and said it was standard policy to repaint ever apartment after someone moves out. He said he would come back another day because we were finishing cleaning the apartment after being offered to start that day, he did not mention any clean further clean sweep. We specifically selected to decline a "clean sweep" option where this facility charges you >$300 to clean your apartment- we elected to do it ourselves. When we left the apartment on 08/06/2023 it was cleaner than the day we moved in 11 months prior. Photos of the apartment will be attached to this. The avalon community decided it would hold $271.58 from our deposit for a vendor to clean. That vendor happens to be called *********************

  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.

  The enclosed sections 49 and 50 of the lease agreement signed by *** ******* on September 6, 2022, explains that the apartment must be clean and in the same condition it was when 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 labor for apartment cleaning will be the responsibility of *** *******. 

  During the final inspection conducted on August 7, 2023, our maintenance team observed that the kitchen stovetop and oven required cleaning, and the refrigerator needed attention due to the presence of ice in the freezer and residual debris. I have attached photos of the damages for *** *******’s convenient review. 
  

  It’s worth mentioning that the maintenance staff might not have explicitly mentioned the need for additional cleaning since *** ******* was still in the process of cleaning his home during the preliminary inspection.
  

  Although *** ******* elected to decline the Clean Sweep Option, it’s important to highlight the Clean Sweep Charge is offered at the contract value of $255.00 which would have been more cost-effective for him compared to the total damage charge of $271.58 incurred for apartment cleaning. 
  

  As a customer service gesture, the management staff of Avalon ******** has agreed to waive fifty percent of the total damage charge, resulting in a refund of $135.79. We will process this refund in 7-10 business days and *** ******* can expect a check via *** Next Day Air for $135.79 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

  08/12/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  Dear BBB Team, We are seeking your assistance to resolve a disagreement with Avalon Bay as the company is charging us a $836 cancellation fee that we believe is unjustified and excessive. We have been seeking a good faith resolution with the company. However they have shown no willingness to discuss and refused to provide justification for the charge (they are already collecting full rent on the unit until September). Please find below a detailed timeline: - On 7/1, we paid a $270 application fee after submitting an online application to rent unit 2422 at Avalon **** in Jersey City (effective date of 09/14) - On 7/3, we visited Avalon **** in person but were told we could not see the unit as it was occupied until September - On 7/5 our application was approved - On 7/6 we paid a security deposit of $99 - On 7/10 we received a lease agreement with 5 days to sign it, until 7/15 - On 7/13, because of our discomfort on a number of points (opaque pricing/renewal policies feedback we received from tenants we met on premise and inability to visit the unit even once), we withdrew our application and informed Avalon Bay We believe the cancellation fee is unjustified and have been seeking a good fait resolution: - We understand the $270 application fee + $99 security deposits are foregone and we are not looking to recover them - There is no justification for charging 5 days of rent for cancelling the application since: (i) The apartment is occupied - Avalon Bay are effectively looking to collect double rent (ii) It isunfair and one-sided that because the apartment is occupied until September, Avalon did not let us visit, however they see no issue in asking for 5 days rent (ii) we did inform Avalon 2 days before the lease expiration deadline that we were withdrawing our application - We never signed an agreement stating explicitely that we agreed to such cancellation policy. We greatly appreciate your help in finding a reasonable solution. Best regards,**********************

  Business response

  08/25/2023

  August 25, 2023

  Dear *** ******:
  I have received the aforementioned complaint filed by ******* ******* and have reviewed their account in its entirety.
  First, I’d like to apologize to *** ******* for any inconvenience he may have incurred as we know how important it is to have the ability to tour your future home.
  Upon submitting their online application to Avalon **** on July 1, 2023, *** ******* agreed to the terms and conditions, which states that “if you decided prior to executing the lease that, notwithstanding this application, and our approval, you no longer wish to proceed with the lease, you must notify us in writing (the Termination Notice)…Concurrently with your delivery of the Termination Notice to us, in consideration for our having held the apartment home off the market and reserve the apartment home for you, you agree to pay us the reservation fee. Please see the enclosed Terms and Conditions for further details regarding the Reservation Fee.
  ***** *., Community Manager informed *** ******* of the reservation fee upon receiving his written notice to withdraw his approved application. Due to *** ******* agreeing to the terms and conditions, we firmly believe no additional credits are due as the reservation charge of $836.00 is valid regardless of the apartment being occupied.
  

  As of today, there is an outstanding balance of $737.00 which reflects the remainder of the reservation fee after applying the $99.00 security deposit to the $836.00 reservation fee and can be settled by *** ******* calling our Resident Recovery Team at ************.

  On behalf of AvalonBay, I would like to thank *** ******* for their interest in residency at Avalon Cove. 

  Please feel free to contact me directly with any questions.
  

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

  Customer response

  08/28/2023

  [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:
  

  The Terms and Conditions document provided by Avalon Bay clearly states that the "Reservation Fee" is a prorated amount based on "...the number of days from the date of [this] Application until we received the Termination Notice...".

  As I have precisely detailed in my timeline of events, the termination notice was received by Avalon on 07/13, two days before the expiration date to execute the lease agreement.

  While I still fully reject in principle the validity of the terms and conditions document (since I never signed it), I am willing to accept a good fait settlement and pay a prorated Reservation fee of 3 days of base rent.

  Please confirm agreement, in which case I will arrange for the payment to be sent right away.  If not, I will further esacalate this complaint as I believe the argument put forth by Avalon Bay shows an evident lack of transparency towards customers where they invoke Terms and conditions referred to loosely in an email that customers are never explicitely asked to sign upon.  This process certainly deserves to be improved for the benefit of transparency hence I will be ready to progress this complaint further if needed to avoid future customers being deceived the same way I was.

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

  Business response

  09/15/2023

  September 15, 2023

  Dear *** ******:
  

  Thank you for your reply to our most recent communication.
  

  Upon a thorough examination of *** *******’s account, it has come to out attention that the Reservation fee should have been applied for a duration of three days rather than five. As a result of this oversight, we will be issuing a credit of $334.40.

  As of today, the outstanding balance is $402.60 which can be settled by *** ******* calling our Resident Recovery Team at ###-###-####.
  

  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

• Initial Complaint

  08/10/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I moved into ***** ******* on 02/19/2019. The management forces us to move out and upgraded the apartment when we were living caused disruption. I moved out of the apartment by 02/5/2023 . I lived there for 4 complete year. In mid of 2022 I saw a small crack in the kitchen counter top and complained to the management immediately. The maintenance team treated me way differently and accused me as I put hot pans and that damaged the kitchen. They charged me with $2700 to replace the counter top stone. when I explained the maintenance team i dont put hot items in the kitchen counter top the manager was not ready to listen or explain. There is not instructions or details int he lease agreement on how much hot objects we can keep in the kitchen. We were using the kitchen in same way before the upgrade and after the upgrade. But there was no issues before the upgrade. Its really depressing to get accused for manufacturing or installation defect. I am looking good explanation from the management and return of the deposit amount .

  Business response

  09/05/2023

  September 5, 2023

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

  The enclosed sections 49 and 50 of the lease agreement that *** ******* signed on February 11, 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 countertop replacement are not considered ordinary wear and tear. The expenses related to the labor for apartment cleaning and countertop replacement will be the responsibility of *** *******. 

  During the final inspection, our maintenance staff found a crack in the kitchen countertop and observed that the apartment needed cleaning. Subsequently, due to the countertop’s conditions, a charge of $2,600.00 was applied for its replacement and an additional charge of $176.00 was incurred for apartment cleaning. It’s worth noting that while the lease agreement does not explicitly define the acceptable temperature for items placed on the countertop, we do anticipate the apartment to be returned in a state consistent with its original condition at the time *** ******* moved in. I have attached photos of the damages for *** *******’s convenient review. 

  As a customer service gesture, the management staff has agreed to waive the damage charges of $2,776.00 to thank *** ******* for his residency. Due to this credit, we will refund $929.71. We will process this refund in 7-10 business days, and *** ******* can expect a check via UPS Next Day Air for $929.71 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 Please feel free to contact me directly with any questions. 

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

  Customer response

  09/05/2023

  [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:

  I appreciate the business response with details. The reason quoted by the maintenance team is I put hot objects and that caused the damage. I used the kitchen in same way from 2011 to 2023 where ever I was living. 

  I dont see any guidance in the lease agreement that show how much heat the Counter top can bare, Or how to maintain it if it requires special treatment. I am forced to renovation the kitchen in 2020 during start of the pandemic and the management was in a hurry to upgrade the Kitchen and not sure if the installation and quality of the product was good. 

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

• Initial Complaint

  08/10/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  Avalon ********** ***** is engaging in predatory practices of taking advantage of renter's security deposits as well as charging absurd fees for damages and repairs for typical wear and tear. California Civil Code Section 1950.5(b) prohibits a landlord from making security deposit deductions for cleaning or making repairs “caused by normal wear and tear." Avalon has been known to engage in this predatory behavior to multiple tenants after moving out as seen in their **** reviews. They threaten the ridiculous charges that are typical wear and tear of a renter and put absurd costs on the tenants moving out. This is against California Law and they are abusing those that move out. I was charged an additional $300.83 on top of the $600 deposit Avalon would not return. I want Avalon to remove all charges and to reevaluate the $600 they have taken as this is extremely unjust and abusive to their tenants. They can then cut my out a check to the money I should be entitled back as the damages were typical wear and tear. I tried to amicably contact them via email to resolve this, but to not avail. They ignored my responses and threatened to take me to collections.

  Business response

  08/23/2023

  August 23, 2023

  Dear *** ******:
  

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

  Sections 49 and 50 of the lease agreement states that the apartment must be clean and in the same condition it was when you received it except ordinary wear and tear. If not, you will be required to pay the cost of labor for cleaning or replacing any portion of the apartment or our property that was damaged.

  Ordinary wear and tear is considered unavoidable damage; carpet replacement, painting and apartment cleaning are not considered normal wear and tear. I have enclosed sections 49 and 50 for *** **********’s convenient review.

  During the final inspection on July 16, 2023, the maintenance team observed that the apartments walls necessitated repainting, and overall cleaning was required. Furthermore, the bedroom carpet was deemed for replacement. I have enclosed the photos of the damages for *** **********’s convenient review.

  As a customer service gesture, the management staff has agreed to refund 165.02 which reflects painting and carpet pad replacement charges. We will process this refund in 7-10 business days and *** ********** can expect a check via *** Next Day air for $165.02 to the forwarding address we have on file once 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

• Initial Complaint

  08/10/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  On August 10th, 2023, I contacted AvalonBay Burbank, CA for a recent application (Applicant/Guarantor) status. Personnel Complaint: ***** (Last name who she would not disclose) talked on the phone to explain status and guideline. I explained that I met the guideline. Her attitude is not acceptable. She also lied about her title at first. Initially after she told me the situation, I suspect she may not be able to help so I asked for a manager. then she said she is the manager. After a few rounds of conversations, she said she is the supervisor and she does have a manager. I asked for her full name, she will not disclose. Then asked for her manager, she hang up on me. I don't know how she was trained, but there is a good way to handle frustration or there is a bitter way. She definitely chose the latter. Business Complaint: I understand there is system in place for certain things to help screening or work efficiently. However we, human, should not be limited by rigid system. Unless you really don't care about every qualified applicant, otherwise some human intervention is needed in special circumstance. Human designed system should help business not hurt it. On another note, a rigid system can be hacked/worked around so easily.

  Business response

  08/24/2023

  August 24, 2023

  Dear *** ******:
  

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

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

  I was informed by ****** **, Community Manager of AVA Burbank, that **** ***** applied as a guarantor with another applicant and was declined as they did not meet the income requirement. The Sales and Service Supervisor explained to **** ***** the reason for denial, however **** ***** did not accept their answer. **** ***** claimed that we altered her application and wanted an alternate solution.

  We explained that since they applied online, the application was screened based on the information entered online and that the application was not altered in any way.
  Upon submitting their application to AVA Burbank on August 10, 2023, **** ***** agreed to the terms and conditions which states the application fee is non-refundable. Due to their agreement, we firmly believe that no credits are due.

  On behalf of AvalonBay, I would like to thank **** ***** for their interest in residency at AVA Burbank.

  Please feel free to contact me directly with any questions.

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

  Customer response

  09/05/2023

  [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:
  

  The response did not address my real complaints. 

  I complaint about the employees' attitude (and lied about who she is) and business practice of strictly number driven. From the employee's attitude and how she handle the situation, it showed how AvalonBay trained their employees, and how they do not care about applicants/customer. 

  I DID NOT claim "Avalon Bay" personnel altered my application, where did she get that idea from? Another lie? I wanted a manual review, which she said they do not have. That's why I asked for a manager, then she hung up on me. 

  I am ok that AvalonBay does not want refund application fee but strongly disappointed in how they have responded. 
  
  Regards,
  
  * *****

• Initial Complaint

  08/10/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  My husband and I sent an Intent to Vacate to Avalon ********** Leasing Office. We received confirmation from ************************* on June 8, 2023 stating that as long as we give a 30 day written day notice to vacate the apartment home we would have no penalties for breaking the lease. On July 3, 2023 ******************************* completed a final walkthrough. We received email confirmation stating the only thing needed to done was cleaning of the carpet. At this point we expected to receive a full refund in the amount of $400.00. I called customer care on August 3, 2023 and spoke with ******* who informed me that would be only be receiving a refund in the amount of $285.97. He informed us that this was due to us not providing a 60 day notice. I informed him that we were given written permission to vacate within 30 days. He then informed it was the responsibility of the leasing office to forward them information regarding this. I called the leasing office the same day and left a message. ***** returned the call and stated he is not sure why ******* would give me incorrect information, but we should be receiving a full refund. We received a check in the mail date August 4, 2023 for the amount of $285.97. We were responsible for rent until the end of July. We paid the rent for July in its entirety. July's rent was paid in the amount of $1844.00 with a confirmation number of *****. As such we are asking that our full deposit of $400.00 be refunded.

  Business response

  08/17/2023

  August 17, 2023

  Dear *** ******:
  

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

  The enclosed security deposit agreement that **** ***** ***** signed on September 13, 2022, states we require a written sixty (60) day notice, and that **** ***** ***** must pay all required rent under the lease, up to and including the date of expiration or termination of the term of the lease, or the full notice period, whichever is longer.

  On June 10, 2023, **** ***** ***** submitted a written notice of intent to vacate, specifying her moveout date as July 31, 2023. As a customer service gesture, we chose to forgo the standard sixty-day notice period and permitted her to give a thirty-day notice instead. Despite her early departure before the indicated move-out date on the notice, it is essential to note that, according to her lease agreement, she remains responsible for rent through July 31, 2023. I have enclosed the intent to vacate which honors the thirty (30) day requirement and the acknowledgement of the notice to vacate sent to **** ***** ***** on June 13, 2023.
  

  The enclosed financial breakdown illustrates how **** ***** *****’s $400.00 security deposit was utilized to offset the $114.03 balance, resulting in a refund of $285.97. This refund was sent to her on August 2, 2023

  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

  08/21/2023

  [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:

  Based on the response, it indicated that we did not pay the rent for July. We were aware that we were responsible for paying the rent through July. We paid July's rent on June 30 in the amount of 1,844.00. During our stay with Avalon ********* we paid our rent for the upcoming month on the last day of the previous month.  For instance July's  rent was paid on June 31, June's rent was paid on May 31, May's rent was paid April 28, April's rent was paid on March 31 etc. So for them to respond with us not paying until the end of July is a false statement. 
  
  Regards,
  
  *********************************

  Customer response

  09/13/2023

  Good morning. 

  I am following up to get a status on this complaint. 

  Thank you in advance. 

  Have a great day. 

  Business response

  09/14/2023

  September 14, 2023

  Dear *** ******:
  Thank you for your reply to our most recent communication.
  Respectfully, the financial breakdown includes **** ***** *****’s payment on June 30, 2023, which paid July’s recurring charges. However, her payment did not account for the utilities that posted on July 10, 2023, totaling $195.32 for service dates May 16, 2023, through July 7, 2023. Please keep in mind that utilities are billed in arrears.
  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 their 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

• Initial Complaint

  08/09/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  My name is *************** and I was a resident at ***** **** ******. I first rented Apt. ****, *** ******** *** (account no.**************** from Apr. 2019-Sept.2020, then moved to another apartment in the community *** ******** ***.Apt.#*** from Sept.2020-Apr.2021. ***** **** ****** recently sent a bill of $626.68 to debt collection agency ****** ******** without any prior communication about the bill or reasons for the charge. Avalon tried to charge me $2,442.43 plus my safety deposit after moving out of ****, in Oct.2020 without sending me an itemized bill or justify the charges. After several phone calls and emails to Avalon during which I refused to pay the unreasonable and excessive move-out charges, I never heard from the company ever again. Bear in mind, I was still a resident at ***** **** ****** for almost a year and provided my forwarding address and other contact details after I moved away, but never did the company tried to contact me in anyway to explain and settle the bill. It violated my right as renter and consumer by forwarding the bill to a debt collection agency without any prior communication despite many attempts on my end. The action damaged my credit report and added unnecessary metal pressure to my life. I request Avalon to refund my safety deposit for ****, withdraw debt collection and fix any damage to my credit report. For reference, below is part of the last email I sent to Avalon (priorresident@avalonbay.com) which never received any response. Oct 7, 2020, 2:23?PM Hi *******, Thanks for your response and attention to this matter. However, I don’t think you have addressed any of the issues I raised during my last phone conversation with your office last week. Again, I state my position that I am not going to pay the $2,442.43 charge listed in your email. As discussed in my previous call with your office, the issues are: (Rest of the email see uploaded documents)

  Business response

  08/17/2023

  August 17, 2023

  Dear *** ******:
  

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

  As per section 45 of the lease agreement signed by *** ** on March 26, 2020, it is stipulated that lease concessions granted upon lease initiation are subject to *** ** complying with all lease terms until the original end date of the lease. In the event of lease termination prior to the original end date, including early termination, *** ** would be responsible for reimbursing us with a proportional share of any lease concessions initially granted to her. I have enclosed section 45 of the lease agreement, financial breakdown, and the concession addendum for *** **’s convenient review.

  Section 49 and 50 of the lease agreement explains that the apartment must be clean and in the same condition it was when received except for ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment cleaning, trash removal, and carpet cleaning are not considered ordinary wear and tear. The expenses related to labor for apartment and floor cleaning, as well as trash removal will be the responsibility of *** **.

  On September 27, 2020, our Prior Resident department emailed and mailed *** ** her final statement which included a balance of 2,442.43 which represented a pro-rated rent concession and damages charged for trash removal, apartment, and carpet cleaning. Initially, when *** ** contested the charges on September 28, 2020, they were deemed legitimate. However, *** ** raised another challenge to the charges on October 7, 2023. In this instance, she asserted that she had not consented to the rent concession addendum and that she had indeed left the apartment in perfect condition. Our Prior Resident department reviewed her account once more and found that she was incorrectly charged for the trash removal and an adjustment of $1,815.75 was entered and communication of this adjustment was emailed to *** ** on October 30, 2020.

  As a customer service gesture, we agree to credit $110.00 which reflects the remainder of damages charged for apartment and carpet cleaning. AvalonBay firmly believes that the remainder charges are valid, and no other credits will be provided.

  As of today, the outstanding balance is $516.68 which reflects the concession chargeback, and *** ** can settle this balance with Hunter Warfield at 855-282-4100.
  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

  08/21/2023

  [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) I have not received the below mentioned correspondence from Avalon in their response "Our Prior Resident department reviewed her account once more and found that she was incorrectly charged for the trash removal and an adjustment of $1,815.75 was entered and communication of this adjustment was emailed to ******** on October 30, 2020"

  2) Section 45 or any concession fee was ever mentioned when I requested transferring from my previous unit (J205) to the new unit (302). As I stated before, Avalon and ********************** is misleading me as a renter when they said the only fee I'd need to pay is a $750 transfer fee which I duly paid. 

  3) I have not received an itemized bill for any cleaning or damage fee within 30 days of move-out, which violates California law. 

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

  Business response

  09/11/2023

  September 11, 2023

  Dear *** ******:
  

  Thank you for your reply to our most recent communication.

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

  We thank Ms. Yu for their residency with eaves West Valley. 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

  09/12/2023

  [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: the reasons Avalon provided for charging the concession fee is unfound and a breach of contract.As mentioned several times in my previous communications with Avalon and in my complaint, I paid a $750 transfer fee to move from my old unit in ********************** to a new unit, which according to the ********************** was the only fee I'd need to pay for the move. The staff at ********************** never informed me of the concession fee, nor does the move itself TERMINATE my lease with Avalon. I moved to a more expensive unit and stayed in ********************** longer than my original lease. In no way did that violate section 45 in my lease agreement.  Avalon's unreasonable charges and lack of communication has led to damages to my credit score. I will take the matter to the small claim court.
  
  Regards,
  
  ***************
  

• Initial Complaint

  08/08/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We rented an apartment at AvalonBay ********* in July 2022 and concluded our lease April 2023. We paid a $750.00 security deposit upon moving in and we were to have a final walkthrough at the end of our lease with property management but it was cancelled by them due to a conflict with their staff training. We returned all keys and parking placards on time. Then, in May 2023, we received a damage bill for $1,459.46. We requested a list of itemized charges and we were provided two items as damages: Apartment Cleaning $198.54 and Carpet Replacement $1260.92. We requested pictures because we were completely shocked that the entire carpet needed to be replaced as we left it in good condition. The pictures did not show any damages and at most, a few small spots were shown. The pictures indicated normal wear and tear for a light colored carpet in a 2 bedroom apartment. We sent a demand letter in July asking for a return of the deposit and then received a phone call. We were then told about other damages that were not on the itemized damage list and were pre-existing. We would be willing to accept a cleaning charge but feel were not given a walkthrough opportunity as we would've pointed this out and feel this is an attempt to charge us for normal wear of a carpet.

  Business response

  08/17/2023

  August 17, 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 *** ****** incurred during his residency. We acknowledge that a pre-inspection option aids in rectifying potential repair cost before the move-out process.

  Sections 47 and 48 of the lease agreement states that the apartment must be clean and in the same condition it was when you received it except ordinary wear and tear. If not, you will be required to pay the cost of labor for cleaning or replacing any portion of the apartment or our property that was damaged.

  Ordinary wear and tear is considered unavoidable damage; carpet replacement and apartment cleaning are not considered normal wear and tear.
  

  Ahead of *** *****s’ scheduled move-in date of July 20, 2022, the complete carpet was replaced and confirmed to be in optimal condition on July 14, 2022. During the final inspection on April 20, 2023, the maintenance team observed that the apartment’s walls necessitated repainting, and overall cleaning was required. Furthermore, due to numerous stains, the bedroom carpet was deemed for replacement, and a broken kitchen microwave door was identified, necessitating its replacement as well. I have enclosed the Move-Out Checklist and photos of the damages for *** *****s Convenient review. 

  As of today, there is an outstanding balance of $824.96 which can be settled by *** *****s calling our Resident Recovery team at ###-###-####.
  

  On behalf of AvalonBay, I would like to thank *** *****s 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

  08/03/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I moved out on June 20 but dropped off keys on June 26th. Got an email confirming June 27th that the final inspection was done and ********************* said I was good to go. Fyi...My lease expired June 30. I paid all bills through end of June. Got a bill for $482.83. They charged me for rent through July 5th at a monthly rent around $3500 which is not even the going rate or what I paid. THEN, i got charged for utilities back to April even though I paid all bills through my lease expiration date of June 30th. I was told utilities, Trash, Sewer are paid in arrears and that is why I don't pay them my first 2 months of lease. That is a lie since I did pay technology, utilities, Sewer, Trash, and water for my entire time there. I have tried to email and call Avalon ******* ****** office and no one answer the phones or emails. I want this rectified immediately. Don't charge me for what I don't owe and take my entire security deposit. I even moved out a few days earlier and I got treated like that is the worst thing I could have done. It seems to be the only thing anyone is fixated on when I reach out. I paid through the end of my lease. You got the free days to clean but I guarantee the place was spotless! I cleaned it thoroughly. Minimal wear and tear as well! Mind you, I suffered an entire year of loud music. Office did minimal to handle. They even went as far as asking me what type of music. Not sure where that was going but I literally didn't care about type. I cared about how loud. My point being, I moved out and now, I am charged. It took me from a happy resident to I will avoid Avalon Communities altogether.

  Business response

  08/11/2023

  August 11, 2023

  Dear *** ******:
  

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

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

  After further review, it was determined that *** ****’s move-out date was indeed June 26, 2023, resulting in a refund of $375.23 which represents pro-rated rent, utilities, and technology connect fee charged in error from June 27, 2023, through July 5, 2023, and the $300.00 security deposit. The refund of $375.23 was mailed to *** **** on August 10, 2023. The enclosed financial breakdown reflects all charges *** **** is responsible for through June 26, 2023. Please keep in mind that utilities are billed in arrears and the final utility statement was received on July 10, 2023.

  Additionally, the financial breakdown shows a vacant unit cost recovery charge of 17.97 and utility recovery fee of $50.00 for electricity usage for service dates June 6, 2023, through June 26, 2023, because of electricity not being in *** ****’s name. If *** **** has proof such as a utility statement showing electricity was in her name for the service dates listed above, she can send proof of those documents to customercarecenter@avalonbay.com for further review. 
  

  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

• Initial Complaint

  08/01/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  I applied to an apt at Avalon on 7/30. A half-a-month-free offer was linked to that unit. It said terms applied but I couldn't interpret it based on the limited explanation online. I emailed the leasing department at *************@avalonbay.com within 10 min after submitting the application. The application was supposed to be up for modification in 24 hours but I didn't hear anything back from the leasing office about my edibility for the offer. I called them at ************ on 7/31 and was told I could have added a co-tenant to enjoy the offer. The responsible person was OOO that day, so I was told to wait for another day for details. I heard back on 8/1 that the couldn't amend the application since it had been processed. If I want to amend the application, I had to withdraw it and reapply (at the market price that could be higher than the rent I locked in on 7/30). Avalon further explained that ****** was only an AI assistant, that's why the leasing team couldn't get back to me in time. However, I got multiple follow-up emails from that address since I toured the building, including obviously non-AI generated messages referring to a specific conversation I had in person and with a leasing officer's signature in it. I'm filing a complain because (1) the offer limitations are not well disclosed on Avalon's website and (2) the leasing office failed to explain within the app. processing deadline. Those together left me insufficient and misleading info and I couldn't make an informed decision before application was processed. Then they refused to modify the drafted lease and I'm exposed to the price risk (can be $100 higher each month) when I have to re-apply. Also, the price included in the lease agreement I received on 7/31 was $X+60 while only $X was shown in the application portal, for that specific move-in date & lease terms. The leasing office subsequently fixed it only because I pointed it out. If tenants don't pay attention, they would pay more than they should be.

  Customer response

  08/01/2023

  First name *****************. Last name **. Thanks

  Business response

  08/17/2023

  August 17, 2023

  Dear *** ******:

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

  *** ** has been a resident of Avalon ***** ******* since October 9, 2020. She provided the leasing office an Intent to Vacate on May 9, 2023, with an intended move-out date of August 4, 2023, stating that she would be relocating. The apartment was placed back on the market on May 18, 2023, and re-rented on May 20, 2023, with a new fully executed lease on May 26, 2023; therefore, the apartment was unavailable for any future renewal or extension.

  *** ** reached out to the leasing office on July 19, 2023, via website and scheduled a community tour for July 20, 2023, as her plans had changed, and she wanted to continue her residency at Avalon ***** *******. While on her tour, *** ** expressed her preference for remaining in her current apartment. She also proposed a “buy out” arrangement to compensate the incoming resident, aiming to avoid the hassle of moving. She was informed that this such a course of action was not feasible and was deemed unethical.
  Moreover, in accordance with Fair Housing laws, any modifications to the listed details, including offered  specials, were not permissible.

  The enclosed screenshot of the special listed on Avalon ***** *******’s website clearly states that the special does not apply to on-site transfers. Given that *** ** has been a resident within the community since October 9, 2020, this offer wouldn’t be applicable to her, as her status as a current resident would classify this situation as a transfer.
  *** ** originally applied on July 30, 2023, and was sent a confirmation of her approved application on July 31, 2023. Following the receipt of this email, she promptly contacted the leasing office to inquire about the price difference and the special, as it hadn’t been included in the confirmation email. She was informed once more that the special explicitly stated online that it does not apply to on-site transfers and that the price difference was based on the difference between the 16-month price on Sunday July 30, 2023, and the 16-month price on Monday July 31, 2023, when the application was finished. We indicated as a customer service gesture, the base rent of $3,155.00 per month would be honored, but the special was not applicable due to Fair Housing laws and could not make any changes to the special.

  On August 1, 2023, *** ** opted to withdraw her current application and submit a new one, including a new household member. This was done with the intention of presenting a “new household” scenario and thereby qualifying for the currently advertised special offer. The base rental pricing is based on the marketed rent on the website effective August 1, 2023, which was $3,220.00 for a 16-month lease with half month free applied to the first full month. With her submission of a new application on August 1,
  2023, the previous offer of maintaining the rent at $3,155.00, which had been associated with her application from July 30, 2023, became null and void.

  I was informed by ******* *., Community Manager, that the additional “$X” *** ** is referring to is our bulk internet program, which is also clearly advertised on the website and in our enclosed welcome email that she received on August 2, 2023.
  

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

  Please feel free to contact me directly with any questions. 
  

  Respectfully,
  
  Loss Mitigation Support Specialist
  AvalonBay Customer Care Center

*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. ↩