ComplaintsforKeny Boulevard Estates Apartments

• Initial Complaint

  02/09/2022

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We applied to live at Keny Blvd Estates and were supposed to move in September of 2021, my husband got very ill and had to be hospitalized and we were not able to sign the lease or move in. We had already paid a security deposit because we were on a waitlist for the property. We never signed a lease. They have been holding our security deposit, over $1000 since August. They refuse to refund it because they state they held an apartment for us and we didn't uphold our end of the holding situation, because we were unable to move in. Now we don't qualify for that apartment and they say they will allow us to apply the deposit to a smaller unit or we can walk away and the money will be kept by them as they are stating it is non-refundable. We never signed a lease, therefor the deposit was never applied to anything and we didn't break any agreements. We want our deposit back and feel that legally they can't hold it.

  Business response

  02/17/2022

  Ms. *****'s complaint is unfounded. We have continued to attempt to work with Ms. ***** to allow her to apply the deposit on file towards another apartment. 
  
  
  Ms. ***** is correct in that she gave a deposit of $1,035 on August, 06, 2021 to hold an available two bedroom apartment for her. The company held the apartment for her, while removing the apartment from our waitlist and turning away other approved interested applicants. 
  
  
  Ms. ***** agreed to move into the apartment on or around September, 27, 2021. Ms. ***** decided to not move in, causing the Landlord to incur a loss of rents. Ms. ***** was told in September 2021 when she notified the company she would actually not be moving in that if her circumstances changed in the near future we could provide a courtesy to apply her deposit to another apartment, if available. 
  
  
  Ms. ***** contacted the company on or around January 2021 again saying they wanted to move into an apartment. Due to the significant lapse in time, Ms. ***** was instructed to fill out another application and go through the approval process, which she did. 
  
  
  Ms. ***** now qualifies for a one bedroom apartment, which we did not and do not have one available at this time. We let Ms. ***** know once again, we could not return her deposit because it was applied to loss of rents, etc per the application she signed. We are including a copy of that application here. 
  
  
  We continued to let Ms. ***** know that we were trying to provide to her a courtesy to apply her previous deposit to another apartment, if available, but that was exactly that, a courtesy, not a requirement. 

  Customer response

  02/18/2022

  [If you do not say why you are rejecting the company's response, BBB must close your complaint.] 
  
  Complaint: 16749003
  
  I am rejecting this response because: We never signed a lease, we were told the apartment we had been on a waitlist for originally was being renovated so we had to go month-to-month until we received the move in date email. Then my husband contracted a very bad infection and was hospitalized and unable to work. We contacted the complex immediately and let them know we could not move. Now, when we had to go through the approval process again we were told we don’t qualify for what we put a deposit on, and we will have to wait an undetermined amount of time for a smaller unit. Since there was no lease we don’t fee they can keep the deposit, what did we put a deposit on if we never signed the lease? They have had a waitlist for over a year, I know that because I was in contact for over a year trying to move there. They didn’t lose money, they were renovating the unit we were waiting on and as soon as we told them we couldn’t move they had someone else ready to move in. 

  
  

  You can’t hold a deposit for a unit that never had a lease. That’s not legal. We can’t sit around waiting for them on a waitlist again and they refuse to refund this deposit. 

  
  

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

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