Complaints

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• Initial Complaint

  Date:05/11/2022

  Type:Service or Repair Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  December 3, 2021-Rented **** ******* *** **** ***** from Sederson Management for $1175/month with $1065 deposit. In January I began having beathing problems. Went to Urgent Care and have to use an inhaler. On March, after a rainstorm, I went into the basement to discover it was flooded. Sent in a workorder for this on March 24. Their Maintenace staff came out and stated that he will need to get with his supervisor about this. He also indicated that this was an ongoing problem. this is not what I signed a lease to experience. From my perspective this unit should have never been on the market for rent. I have received a transplant recently and the conditions here are causing conditions that will hurt my transplant. Sederson Management, in late April, did finally offer me another unit and $600 moving expense. The moving expense was an estimate by me and not one from a company. The unit offered is smaller than my current unit and I requested to be compensated for the 2 months I have not been able use the basement and the rent adjusted for the smaller unit. I also explained that I my health issues are getting worst. Not only is it the breathing but blood pressure is up. Not good for a kidney transplant patient. I did hold May 2022 rent and have just received a delinquent letter. Sederson Management has another unit on their website that may be acceptable. I have offered to take a look at it. No word yet. I am hoping to move by the end of this month. One way or another.

  Business Response

  Date: 05/12/2022

  Mrs. ******** did indeed make us aware of the issue with water in her basement, apon inspection we determined it was ground water entering through the foundation after several days of heavy rain. We had a foundation company cone out and assess the problem and determined we will need to install a french drain and sump pump and scheduled the work with the company. The earliest they could get it scheduled was the first week of July.

  We offered Mrs. ******** several options and all of those options are still available. We told her she could move out without any penalty and return of her full deposit. We also told her we had another unit becoming available and she could move to that unit. She requested and we agreed to $600.00 in moving expenses. She has stated that the 2nd unit is smaller but the square footage of the units as well as the floor plans are exactly the same.

  If Mrs. ********** health is at risk I would suggest she take the first option and move out immediately, again with no penalty and immediate return of her full deposit along with the $600.00 she requested for moving expenses. 

  While we are trying to work with Mrs. ********, Missouri law has specific guidelines for withholding rent due to a landlord for maintenance issues. Mrs. ******** has not complied with those guidelines, and is not absolved of her obligation to pay rent.

  As a management co. we manage property for several different owners and the other unit she is referring to is owed by a different person. While we are ok with Mrs. ******** moving to that unit we can not adjust the rent to match what she is paying at her current home.

  We have tried to correct the issue and have scheduled repairs at the earliest available time, and offered Mrs. ******** several options to remedy the situation, the decision is hers. 

  Customer Answer

  Date: 05/16/2022

  [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 Assumed Answered]
  
  Complaint: ********
  
  I am rejecting this response because: I responded to ***** ******* e-mail thid email below:

  ********** ******** *********************** Sat, May 14, 5:54 PM (2 days ago)
  
  
  to *****
  
  Thank you for your concern for my health.  I did put in my complaint your offer to release me from my lease and the other unit.  I have not acted on this.  I did not mention the offer to wait for the foundation to be repaired in June, I believe.  These are the options I remember were offered.
  
  
  I am willing to move to **** ******* ** but, I did not measure it, the master is definitely smaller than the one I have now. It is also missing the patio.Where I am now the Master is 16 ft by 14ft.
  
  
  In the lease I signed for **** ******* *** ****** ***** ** *****, you neglected to inform me of the foundation issues when renting this unit.  When I submitted the workorder on March 24. ***** indicated he was aware of this situation and had dug the hole under the water meter, thinking it would be resolved. When you reviewed the situation, you initially came up with placing a sump-pump. Realizing that was not the solution, a foundation technician was brought in.  These may have been the multiple solutions mentioned in your email.
  
  
  Page 3, item 5 of the lease, the last sentence states:
  
  
  If the premises is rendered partially untenantable by fire or other casualty, and such casualty is not the result of
  any wrongful or negligent act of Tenant or any family member, guest or invitee of Tenant, rent shall be reduced
  proportionately until such time as the premises is wholly tenantable, and Landlord may proceed as soon as possible
  to render the premises wholly tenantable, and if any necessary repairs or restoration are not finished within thirty
  (30) days after the date of the damage or loss, the Tenant shall have the option of terminating this lease by giving
  Landlord written notice of such termination and, in such event, neither party shall have any further obligation to the
  Landlord written notice of such termination and, in such event, neither party shall have any further obligation to the
  other (except that Tenant shall remain liable for any unpaid rent and other charges set forth herein). If the premises
  is completely destroyed or rendered wholly untenantable by reason of fire or other casualty, and such casualty is not
  the result of any wrongful or negligent act of Tenant or any family member, guest or invitee of Tenant, then at the
  the result of any wrongful or negligent act of Tenant or any family member, guest or invitee of Tenant, then at the
  option of Tenant, this lease shall terminate upon written notice to Landlord and a pro rata share of any prepaid rent
  shall be returned to Tenant together with any unexpended portion of the security deposit and neither party shall have
  any further obligation to the other (except that Tenant shall remain liable for any unpaid rent and other charges set
  forth in Section 3 herein). If Tenant does not elect to terminate the tenancy, then rent shall be abated until such time
  as the premises is fit for occupancy. TENANT AGREES TO OBTAIN RENTER'S INSURANCE COVERAGE
  
  
  I have highlighted it here. I elect not to end my tenancy and since this unit should have NEVER been offered for tenancy because of the foundation issues, and that has had bearings on my health, my rent is due for abatement.  The abatement should be for the period December 3, 2021 until I move into the new unit.  That will be six (6) months or $5875, since I have not paid May.    
  
  
  This is what I am requesting and the new unit, moving fees to be determined by the movers.  The monies may be returned to me or placed towards the rental of the new unit.
  
  
  Please let me know how you wish to proceed,
  
  
  
  -- ********** ********
  Life isn't about waiting for the storm to pass.  It's about learning how to dance in the rain.
  
  Sat, May 14, 7:54 PM (2 days ago)
  
  
  to *****
  
  I will include the deposit $1075 to the total.

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

  Business Response

  Date: 05/19/2022

  We understand that Mrs. ********** health may make this a bad situation for her and from the beginning we have offered to let her out of her agreement without penalty including the return of her full deposit and have agreed to her request for $600 for moving expenses. To date she has indicated that she wishes to stay in the unit that she claims is dangerous for her health, because of the concerns for her health that she has stated, we are no longer able to allow her to stay in this unit.
  
  We have offered her another unit which is virtually identical to the one that she is currently in, this unit does not currently appear to have water issues, we expect that in heavy rains there will be water that enters the basement and runs to the floor drain.  Most of the basements in the area, including my own, get some amount of water during heavy rains. If this is a concern due to her health I suggest she look for another property to rent
  We met with her shortly after she reported the issue on March 24th. At that time we determined that we believed a drain tile system was needed to reduce the amount of water entering the basement during the rainy season.  We then contacted a foundation expert to evaluate the situation, his findings were consistent with ours and we requested the work be completed ASAP, unfortunately the soonest they could get us on the schedule was July 11th.  We scheduled that and plan to perform approximately $5,000 in work to help reduce the water coming through the foundation and floor.  
  We reject her request to return rent from the time she moved in. It has not been an issue since she began occupying the unit and she only made us aware of the issue on March 24th. We have provided several options to Mrs. ******** but she decided to stay in this unit.   
  Again, should she choose to move elsewhere we will return her deposit and include the $600 moving expense requested by Mrs. ********.
  It is unfortunate that we have reached this point. We responded very quickly to her concerns. At the first inspection we offered to release her from her lease, attempt to fix the problem, or allow her to move to a virtually identical unit on the same street less than one block away.  To this point it has been her choice to stay in the current unit, but as mentioned above, based on her stated health issues and her statement that the unit is untenantable, we must give her notice that we will no longer rent this unit to her for her own safety based on her statements.   Since she has chosen to stay in the unit when we have given her other options, she is not due any reduction in rent, abatement or any other reductions or refunds of rent.  We have no obligation to provide her with moving expenses, but as we have done through this entire process, we have been trying to help her. 
  Again I am sorry this has not worked out and I hope we can come to a reasonable resolution. 
  
  

  Customer Answer

  Date: 05/24/2022

  [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 Assumed Answered]
  
  Complaint: ********
  
  I am rejecting this response because: Senderson Management handles many other apartments that could have served as a replacement for this unit. Could have worked with me to for the unit that I was interested in taking a look at. But the only offer was for a unit that is smaller than what I currently possess.  Could have reduced the rent by an amount that was reasonable, this was not considered.  Instead, I was offered a smaller unit that also has a wet basement at the same price. 

  Sederson Management has not honored the lease we both signed and intend to terminate it by presented me with a Notice Terminating Possession because I exercise a clause in the lease that permits me to abate the rent until repairs are made.  Repairs are scheduled for July 11, 2022.  

  I will accept the return of my deposit and the moving fee of $870.50 to be paid directly to **** **** ****** *** *******.  I will not be moving by May 28 as in the Notice but on June 4, 2022.  I will expect to receive my deposit on June 1, 2022. 
  
  ********** ********