Complaints

• Initial Complaint

  04/06/2024

  Complaint Type:

  Billing Issues

  Status:

  Resolved

  More info

  In March 2024, our lease ended and we vacated our rental unit owned by La Mirage. We received an itemized list of deductions from our damage deposit, listed below. The law in New Mexico states that a damage deposit is used to pay for damages that the landlord suffers outside of normal wear and tear. The damages noted for these items consist of normal wear and tear. We thus do not agree to the listed deductions to the damage deposit and demand a refund of the $58.65 that was deducted. Specifically: “Washer/dryer: needs wipe down” We thoroughly cleaned the entire apartment prior to move out, and routinely thoroughly cleaned the entire apartment throughout our three-year tenancy. Any allegation to the contrary is false and we have witness accounts. “Bathtub: some grout/wipe down” Not only did we thoroughly clean this area prior to moving out and throughout our tenancy, but the issues referred to preceded our tenancy. Any perceived aggravation of the noted issue would definitively be considered normal wear and tear during the course of a three-year tenancy. “Stove burner rings: need replaced” We completed our obligation to clean the apartment upon moving out and have witness accounts to this effect. We noted deficiencies with this area in our Move-In Checklist and we did not damage this item beyond what is accepted as normal wear and tear. In addition, the law specifically states that the damage deposit can only be used for damages actually suffered by the landlord. We have proof that La Mirage had already been planning on completely replacing all the major appliances in this unit. “Nail holes: 5” We noted deficiencies with this area in our Move-In Checklist and we did not damage this area beyond what is accepted as normal wear and tear. In addition, we were specifically informed that holes are acceptable and will not lead to charges. In summary, we do not agree to the listed deductions to the damage deposit and demand a refund of the $58.65 that was deducted.

  Business response

  04/09/2024

  Dear *** ****,
  
  We’re very sorry to hear of your concerns pertaining to your move-out statement, and we appreciate you bringing this to our attention. We take resident and guests concerns very seriously, and it’s our top priority to ensure we’re providing professional, honest communication.
  
  After reviewing the documentation, we determined that you are owed a partial refund. As of Monday, April 8th, we’ve processed a refund in the amount of ($44.98) and you should be receiving a check in the mail. We are hopeful that our willingness to remedy this situation will resolve your concerns.
  
  Sincerely,
  
  La Mirage Apartment Homes

  Customer response

  04/11/2024

  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 still believe La Mirage acted and continues to act in bad faith and in disregard to the relevant law, and I worry about the outcomes for tenants with fewer resources to reach a resolution to an endemic practice, so I do still want to alert potential future customers of the nature of this business. However, it is not worth my time to continue to fight for the remaining few dollars or for a more permanent solution to this practice. 
  
  Regards,
  
  **** ****

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