ComplaintsforNeari Coleman Associates, LLC

• Initial Complaint

  04/04/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Neari Coleman is our apartment property manager. Since discovery of extensive mold on 7/7/22 caused by a faulty drain in the building structure they have been responsible for us living without ********************** for 9 months, refused to perform specified cleaning of our furniture and possessions, refused to reimburse us for hotel costs, and refused to reduce rent for 2 months after mold was discovered to the end of our lease. We have lived a sub-standard lifestyle without our possessions, and we've had to continually push to get status during and after mold remediation. Ultimately, we had to evaluate documents and speak directly to mold experts to be certain we did not endanger our health.Without success, we asked for $3465.65: $282.35 reimbursement for hotel costs, $220.00 for extra moving costs, $1563.30 for 50% rent reduction while living in a temporary apartment without our belongings, and $1400.00 for mold cleaning of our belongings.Despite the mold testing company's Environmental Assessment Report specifying add'l testing and cleaning apartment contents, mold remediation was not done consistently with standard practice nor with the Environmental Assessment Report, none of the add'l testing was performed and required cleaning of our furniture and belongings was never done.Throughout the ordeal we were often ignored, for periods as long as 58 days without response, despite repeated requests for status. We waited 36 days after mold testing to get a copy of the Environmental Assessment Report. 74 days after mold was discovered, we were told that it was safe for us to remove our belongings, but the mold inspector stated very clearly it was NOT safe to remove them. We then waited 31 days to get confirmation that the contents had NOT been cleaned as required by the Report on 10/19/2022. We waited 153 days from that date until we were told on 3/21/2023 that they would not clean the contents and we had to pay to have it done ourselves on 3/21/2023.

  Business response

  04/11/2023

  I am writing regarding a complaint with an assigned ID of ******** which was improperly sent to NC Capital Group Properties, LLC. 

   

  Please be advised that NC Capital Group Properties, LLC has no involvement in this matter whatsoever, nor has it ever.  NC Capital Group Properties, LLC does not own the subject property at ******************************,  it does not manage the property nor has it had any dealings with the complainant at any time. 

   

  Neari Coleman Associates will be sending a response to the complaint.  Neari Coleman Associates is the management company who has managed the referenced property for several years including the period before, during and after the complainant defaulted on their lease.

   

  Sincerely;

   

   

  **************** ********************* **** ********** style="color: rgb(34, 34, 34); margin: 0px; font-size: small; font-family: Arial, Helvetica, sans-serif;">NC Capital Group Properties, LLC

   

  Business response

  04/19/2023

  Dear ****************;
  
  ************************* executed a residential rental agreement with our company on August 6, 2021.  She was of legal age and to our knowledge she was of sound mind.  The agreement was on a form which has been jointly approved for use in ************** by the ** *************** and the ** Realtors Association.  The lease required the Tenant to purchase and maintain ***************** to protect the Tenant in the event of a loss or damage of their personal property during the lease term.  See the following lease language:
  
  1.7 INSURANCE
  
  X (Check if applicable)Tenant shall be required to obtain and maintain throughout the term of the tenancy a renter's insurance policy and to promptly provide Landlord evidence of such insurance upon ********** request. In addition to coverage for damage or loss to Tenant's personal property in such amount as Tenant may determine,the policy shall include coverage for bodily injury and property damage for which Tenant may be liable in the amount of $100,000.00.
  

  Whether or not Tenant is required to obtain a renter's insurance policy, Tenant shall be solely responsible for insuring any of his personal property located or stored upon the Premises upon the risks of damage, destruction, or loss resulting from theft, fire, storm and all other hazards and casualties. Regardless of whether the Tenant secures such insurance, the Landlord and his agents shall not be liable for any damage to,or destruction or loss of, any of the Tenant's personal property located or stored upon the Premises regardless of the cause or causes of such damage,destruction, or loss, unless such loss or destruction is attributable to the intentional acts or willful or wanton negligence of the Landlord.The Tenant agrees to release and indemnify the Landlord and his agents from and against liability for injury to the person of the Tenant or to any members of his household resulting from any cause whatsoever except only such personal injury caused by the negligent, or intentional acts of the Landlord or his agents.
  
  ****************** defaulted on her obligations under this legal agreement by not purchasing and maintaining renters insurance.
  
  As she clearly indicated in her complaint, the damage was caused by a faulty drain line which was the responsibility of the *********************** not the Landlord nor Neari Coleman Associates, the managing agent.  Despite her lease default, when the damage occurred Neari Coleman Associates and the Landlord went above and beyond their required obligations by providing temporary alternative housing in the same community through the remaining term of ****************** lease.  To date, the Landlord has lost well over $15,000.00 in lost rent and out of pocket expenses which are not being reimbursed by the ******************************** company.
  
  Neari Coleman Associates made every effort to further help ***************** by pursuing reimbursement for her through the ********** Insurance provider and the Homeowners ********************** provider.  They both denied the claims based on the fact that ****************** had the legal lease obligation to maintain ***************** which she did not do.  Neari Coleman Associates has invested over 100 unpaid hours dealing with this damage claim as well as attempting to help ****************** and communicating with ***************** and her father.  While ****************** indicates strong dissatisfaction, when her lease was terminated because of the damage, we again kindly assisted her with the rental of an even more desirable condominium in the same community where she continues to reside. 
  
  Neari Coleman Associates has gone above and beyond our obligations and has done the best to assist ***************** since the damage occurred despite the fact that her loss would have  been covered by ***************** which she was obligated to purchase but she failed to do so. 
  
  Thank you;
  

  Neari Coleman Associates
  Property Manager

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