ComplaintsforAvenue North

• Initial Complaint

  01/13/2022

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  The complaint involves me being terminated from my lease at this apartment due to the fact of my mom informed the apartment complex manager, ***************************** and Ms. **** that she was planning for file a legal case against the apartment for placing me in an apartment with a non-student roommate (*** ********* that had pending probation charges against her for the possession substance, possession of illegal substance and regular consumption within the residence and was caught with these items, multiple instances with unaccompanied guest within the residence, recurring gathers with 10+ people not registered with management, admittance of individuals with weapons into the residence with an instance of brandishing, a guest of the roommate who had committed aggravated assault at the residence resulting in criminal action taken, property damage with guest posing significant risk for further damage to the resident, numerous guest's pets repeatedly admitted into the residence without written approval, including aggressive breeds and sometimes left unattended, excessive and recurring noise disturbance to other tenants and neighboring residences, regularly causing inadequate room cleanliness of the common area of the residence; refusal to maintain a locked entryway (Charges were filed prior to **** becoming my roommate; it was even suggested from the roommates that *** not be allowed to reside in the apartment complex because ***'s actions pose a threat to the health and safety to the roommates she had as well as the community). It was during this time, prior to her becoming a roommate of mines, *** violated the communities polices sever times, but was not asked to leave the property, but was moved into another apartment. After *** and I became roommates, she continued with the same behavior, but was not asked to leave. The managers also refuse to return the rent I paid in advance up until April of 2022. Upper management has not returned phone calls. We have called 3 times.

  Business response

  01/13/2022

  The complainant email listed is not the actual resident. It is her mother who is not on the Housing Contract. Destiny requested specifically to live with her roommate in July of 2021. Destiny was placed with *** as a roommate. Then in January 2022, Destiny physically assaulted her roommate and threatened both *** and another roommate in the apartment. In this case, we had to terminate her agreement.  Both Destiny, her mom, ***, and ***'s mom all have documented evidence of her assaulting her roommate. In addition, we offered to negate the remaining housing installments owed if Destiny found someone to take of the remaining portion of her agreement. We did not respond to ****, Destiny's mom any further once Destiney made it clear that her mom did not speak for her, nor was she on the Housing Agreement. 

  Customer response

  01/17/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  *************************

  I, *************************, is the one responding to this complaint. I have a police report that was filed with body cam from police ***************** who indicated that there wasn't a police report filed and neither was there any documents that showed that I assaulted ***** and *** and I got into a shouting match. Per my complaint, I did accept being roommates with ***; however, again, I was not informed by the apartment complex that *** had a criminal history and neither was I informed that she had a pending case that she was on probation for prior to becoming my roommate. She was also cited by the apartment complex regarding her usage of illegal substances before *** and I got into a shouting match and was not removed from the apartment. 

  My second roommate is ***** and I have attached communication between ***** and I to show that ***** and I were communicating via email because ***** was in Columbia, out of country, at the time of the situation between *** and I. Once this situation occurred with *** and I, my mom did talk to the apartment complex about the situation and she did inform them that she was filing a legal case against them because of the legal situations with *** that was never shared with me, and as a result, the apartment complex informed me that they were terminating me from the lease because of the charges my mom said that she was filing against the business. 

  Please review all attachments. Again, the apartment has ***** dollars of my rent that I paid in advance and will not return it to me because they said that I'm responsible for the rent until they are able to lease the apartment. The will not return any of my rent that I paid in advance. 

  Again, please read the attachment that shows ***** was not in country and sent a message to the apartment complex, based of information she received from *** ****** via email. 

  I have a recording of the incident that happened in the apartment also. Yes, *** and I got into an altercation, neither one of us were harmed and the police was not called to the apartment; however, *** **** ******************************** also called the apartment complex and spoke with both Ms. **** and Ms. ********* again, per the conversation I had with law enforcement, I was the only individual that called them for help. No police report was called by *** or her **** but her mom did tell me that I was going to jail, but this complaint is against the apartment complex. 
  

  They are providing lies in their response to this report. Please read the reports and look at the attachments from my second roommate *****, ***************************** and also the written notification that I submitted in my original complaint that shows *** had pending charges that ranged in the form of assault, usage of illegal drugs and she was on probation all prior to becoming my roommate and the apartment complex did not inform me of this. 

  Again, please review messages from *****, my second roommate that shows she was not in country when any of this matter took place, please review all the messages from ***'s **** who contacted me versus contacting my ****** of the apartment complex. Please noted that I had to call the police LT ****** to assist me with getting my things out of the apartment because my roommates were calling outside people to join into this matter versus calling the police, as per the request from the apartment complex. I was very cooperative in this matter and have been made to be the villian by the apartment complex managers regarding this matter, but the matter remain, per the conversation I had via text message with **** and ********* they were terminating my lease because my mom was filing a legal case with them. I sent this information in my original complaint, but I'm sending it again. Please review. 

  I have so many text; however, I'm not able to provide more than 4; please let me know how to add more of these messages; 

  The email address that the Lark has on file would be ********************* I can be reach at that email address as well. However, the end result is, I should not have been terminated because my mom chose to file a legal case against the apartment complex as she was not a co-signer on my lease and was only in the system as an emergency contact, that should have had no bearing on the my rental agreement. 

  
  

  Business response

  01/18/2022

  Destiny's Housing Agreement was terminated due to physically assaulting another resident. It's a simple as that. 

  Customer response

  01/19/2022

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined the response would not resolve my complaint.  For your reference, details of the offer I reviewed appear below. 
  
  [Provide details of why you are not satisfied with this resolution.]
  
  Regards,
  
  *************************

  Desired Outcome/Settlement Desired Settlement: Other (requires explanation) Billing adjustment; Contact by the business 1/17/22,9:55 AM BBB: Complaint Case ID #******** https://bluecomplaints.bbb.org/Manager.aspx?m=47255342&chk=nzUYaEcJ8vNeowLWcl4VOQ 3/3 Thursday, January 13, 2022 The complainant email listed is not the actual resident. It is her mother who is not on the Housing Contract. Destiny requested specifically to live with her roommate in July of 2021. Destiny was placed with *** as a roommate. Then in January 2022, Destiny physically assaulted her roommate and threatened both *** and another roommate in the apartment. In this case,we had to terminate her agreement. Both Destiny, her mom, ***, and ***'s mom all have documented evidence of her assaulting her roommate. In addition, we offered to negate the remaining housing installments owed if Destiny found someone to take of the remaining portion of her agreement. We did not respond to ****,Destiny's mom any further once Destiney made it clear that her mom did not speak for her, nor was she on the Housing Agreement.
  

  On January 7, 2022; Communication between **** and my mom regarding the matter between *** and I took place here. Questions were asked regarding the situation and **** provided response to my mom; she suggest roommate conflict resolution that was offered by the apartment dwelling, she also offered to move me to another dwelling to keep the calmness of parties involved; however, with this move, I was informed that I would incur a cost of $200 dollars. More questions were asked about ***** and her feeling uncomfortable regarding the matter when she was not in country nor involved. ** mom asked, why ***** involved in communications efforts when she was out of country in Columbia at the time visiting family; no valid response was provided. The communication moved to me feeling uncomfortable with having ***s friend ****** in our dwelling after they abandoned my friend and I in **********. ** mom asked how this could be avoided being that ****** wasnt a resident of the Lark. **** shared details of filing a non-resident form which would prevent ****** from being in the apartment and for that matter on the property; fast forward, I have now been restricted from being on the grounds of the apartment based off nothing other than fabricated statements made by *** and her mother.
  
  On January 7 2022; A question was posed to **** if she or anyone had a police report regarding the situation that occurred in the apartment. **** stated that she had not receive a police report from *** nor her mother, but that she was informed that one was made. However, when contacted, the Tippecanoe country sheriff department knew of no such report being filed by either Destiny or ***. The only communication received was from both *** and her mom regarding the situation in the apartment. However, based upon the statement made by the apartment complex from, my mom, I, *** and her mom had proof of me assaulting ***. This is a false statement. However, even after the apartment complex managers were told there was an assault in the apartment, there was not a decision to terminate my lease; on the contrary, the request to have me move to another dwelling was the decision made, and if I did not move, a report would be sent to their legal team on how to proceed in this matter. The decision to terminate my apartment lease came after my mother stated that she was filing a legal case against the Lark. Per ****: your mom said that she was filing a legal case, my manager ******** got involved; the situation is out of my hands. The decision to terminate your lease has been decided and has been sent to our legal team for review. Prior to that statement being made by my mother, I was given the option of moving to another apartment a B unit because *** could not move because of her being a non-student, but she was able to live with two students, her previous roommates and also ***** and I who are also currently ***************** Students. After that decision was made, I ask both **** and ******** how could a decision to terminate me be made based off the words of my mother when she was not a co-signer on the lease. Per the apartment manager response: She is an emergency contact on your lease.
  
  On January 2, 2022, *** and my disagreement resulted from her response to me regarding her having her friend ******. We took a road trip to ********** where my family resides for New Years which included ***, ******* myself and my boyfriend. Over the course of time an argument ensued between ****** and myself and ****** made the decision to drive back along with *** to Indiana. I was ***et my boyfriend and I were left stranded having to purchase airline tickets to get home. ** discussion with *** was I was not comfortable with ****** in our home therefore I did not want her there any longer until we could figure out our living situation moving further after the incident. This fell into a disagreement with *** and myself.
  In the complaint given by The Lark there was said to been documentation that I assaulted ***; ** mom nor I have any evidence or police report made of any type of disagreement or altercation; however, per the statement made by the apartment complex, we have a copy of such a situation.
  
  (Please note the text message between ***** and I) On January 5, 2022 where she stated that she wanted nothing to do with this situation because she was not involved and was out of country in Columbia, but that she wanted to return home to a calm home. ***** stated that she is hardly in the house, but did not want her home to be uncomfortable. At no time in any of my text messages did I threaten *****. There was reference in the report made from the complex that I threatened *** and another roommate. There was no such threat made as you can ascertain in the given messages.
  
  On January 7, 2022, I was terminated from my lease, and informed that I needed to be out of the apartment by 10 January 2022 due to the fact my mom stated that she was filing legal charges against The Lark for allowing *** and I to be roommates knowing that *** had a pending criminal charges, was asked that she not be allowed to dwell within any of the apartment units by her prior roommates and had police reports filed by those old roommates. Furthermore, when *** and I became roommates, those same behaviors continued, The Lark apartment managers cited *** on several occasions, prohibited in their policy, *** should have been remove from the apartment complex on those citations;
  
  
  The apartment complex managers, **** and ********, have embellished statements in this complaint to make it appear that I threatened both my roommates, assaulted my roommate and was out of control pretty much; however, not once in this complaint has the apartment managers produced any evidence regarding any of the statements that have been made by them. This is a defamation of character and is illegal for a LLC and property managers to do without producing any evidence. *** and her mom have built on false allegations and lies behind the fact that *** and her friend ****** abandoned my friend and I in the ******************* in January because they were ***et with a statement that I made in a text message. As a result, this is what occurred from that situation.
  
  Referring back to the apartment complex BBB response where they stated they did not have any further communication with my mom after I stated that she was not on the lease nor was she a co-signer; however It is a documented response from the apartment manager that my mom, (*********************) was on my lease as an emergency contact hence the reason for me being terminated from my apartment. (I have provided a copy of this response from ******** informing me of this) after that communication, she drafted a letter that stated I was being terminated for assaulting my roommate, based off no documented proof at that time. I was informed that I had to be out of my apartment by January 10 at 10:00 am. It further stated that if I were not out of the dwelling by 10:00 am, police would be called to remove me from the apartment. (Again, this was not based off anything that occurred in the apartment because prior to my mom (*********************).
  
  I addition, I have documentation and correspondence from each of these individuals at The Lark and my roommates to counteract the allegations made against me on the case submitted by The Lark. This evidence proves their defamation of my character and their false allegations against me in trying to cover themselves from having a resident in their community; *********************, who has pending court cases, proof of use of illegal substance with her prior roommates and a laundry list of issues dating back to March 8, 2021; that same behavior and energy carried over to her becoming my roommate in July of 2022. Based off these incidents alone, *** should have been terminated from the apartment dwelling well before any disagreements between the two of us; however, that never occurred.
  
  I have the allegations attached from previous roommates who wanted her lease to be terminated due to her illegal behaviors in their apartment they shared with her along with her several write *** for issues with drugs and paraphernalia within our residence as well. *** has had issues with bringing visitors onto the community property and police reports being made against her for her behaviors and activities and The Lark continued leasing to her. While in our disagreement as roommates they terminated my lease, kept the payments I made on my lease until April and will not return it and I have had to find another residence.

  
  

  Business response

  01/19/2022

  Although Destiny violated the lease, we did offer if she found someone to replace her not to hold her accountable for the installments in which the new resident would live here. She has yet to provide anyone, and therefore, she is still responsible for the remainder of the housing agreement costs. I've attached the Housing Agreement for the contract that she signed.

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