ComplaintsforHindsite 20/20

• Initial Complaint

  09/03/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  This company repeatedly gave us problems. From neglecting to respond, to making threats to me. I spent hundreds of dollars to get my full deposit back and I received barely over $100, where it should have been over $1600. This company is dishonest, sneaky and honest should be investigated. I will be filing a small claims court if I do not receive my deposit. There were certain things that were supposedly not cleaned. Where is the proof? That place was left spotless and we had hired professionals already.

  Business response

  09/11/2024

  BBB, 
  
  In response to the following complaint about the disposition of the security deposit for 1207 ***** *** we completed a video walk through and 3D virtual scan that documents the condition of the property after the previous Tenants vacated. Ive included links below to access the videos and 3D scan.  After the Property Manager reviewed those videos and virtual scan, it was found that the deductions from the deposit were true and warranted.  The lease specifically states the responsibilities of the Tenant and how the property should be returned to ** with allowances for normal wear and tear.  It was noted that an attempt was made to clean the property, but it was just a basic surface clean that did not address all surfaces throughout the property.  In addition, it was found that the carpets were not professionally steam cleaned and required an additional pet odor treatment.  Furthermore, additional charges were deducted for the yard and other various repairs which were all detailed and provided to the Tenant as required by the lease.  Lastly, the Tenant removed the original blinds for the sliding door to install their own and installed on the back deck 2 planters and they were not charged for these unauthorized alterations to the property.
  
  After considering all the following evidence, it was found that the charges deducted from the Tenants security deposit are warranted and we will consider this matter closed.  These videos links will be available only for a limited time.
  
  iCloud ****************************************************************************************************************************************************************************************************** PM Department 

  Customer response

  09/11/2024

  Complaint: 22221134
  
  I am rejecting this response because:
  

  Where are the receipts? The damage on the door was already there. It is NOT the tenants responsible to trim the trees in the front yard. You had professionals come out and do it. It is not our job to trim the neighbors trees either. The windowseal was already damaged when we moved in. It's from water damage. We notified you when we moved in that the windows leaked and the owner didn't want to do anything about it. We purchased brand new blinds because the others were from the 1970s. We left them as a courtesy for the new tenants so they didn't have to buy their own. The old ones were still there. The paint in the bathroom is normal wear and tear. The dust in the bathroom is also normal wear and tear. We lived there for 4.5 years and the fact that you're picking at little minor things is ridiculous. Where are the receipts for all the fixes you had to do? We had professionals come do the yard before we moved out. It's not our fault no one's leased for a month after that. All the stone in the front yard was there when we moved in, not ours. You all are horrible people. Horrible. 

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

• Initial Complaint

  08/16/2023

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  This rental company was given 90 days written notice that I would not be renewing my lease agreement at their property. Even though I gave notice within the time they specified, they refuse to take my name off of their current tenant's lease and they want to charge me $100 + to remove my name from a lease agreement that I never signed nor was party to in any other way.

  Business response

  09/07/2023

  Dear BBB,  
  
  Any time we have a situation where a tenant is not moving forward with renewing the lease and other parties to the lease want to stay, an amendment is required to update the lease to reflect that change in Tenants.  It is typical that individual tenants think they have individual rights within the lease contract when they originally applied, were approved, and were drafted into a lease contract as tenants in a group - thus situations need to be resolved as a group.  
  
  When one tenant in a group gives notice, we reach out to all the tenants in that group and declare that if one of them gives notice, all of them must give notice and move out or make new arrangements like finding a new roommate to take over the missing spot in the lease. We did confirm that ****** provided notice she would be vacating but her other two roommates decided to stay on the property.  Their plan was to find someone to take over ******'s spot and wait to do the Lease Amendment at that time - so they would only be billed one fee to update the Tenants rather than two, one to take ****** off the lease and release her of liability, and another when an additional roommate was found.  We specified that they would then need to organize themselves to find a new roommate and replace the one that was leaving.  Until they got that done, it was declared in writing they would all remain obligated to original lease contract and all other obligations as outlined to parties on that lease.  
  
  However, because this situation remained unresolved for too long, we moved forward with documenting to release ****** from the original lease contract and billed the original amendment fee declared as necessary to do so.  ****** is now officially released from the original lease contract and obligation.  The official paperwork has already been signed and executed by all parties (including ******) as of August 1, 2023, and no further action is required from the prior ********************, to be removed from the lease.  As such, she will no longer receive any communication from our office regarding the lease at ******************** 
  
  It is our position that the complaint should be directed to her previous roommates for not organizing around finding a new replacement roommate in a timely manner.  Technically, this tenant could have forced them all to move out, but other than giving us the original message that she wanted to move out, the situation did not progress.  Eventually, notices went out to this tenant and things got resolved once proper documentation was signed by all parties.  If the tenant had made a formal departure, we would have had to return her and all the other parties their security deposit within 30 days.  This tenant is not complaining about getting her security deposit because she resolved that directly with the other tenants which demonstrates the lack of congruency about the events as she is alleging.

  Customer response

  09/07/2023

  Complaint: 20476029
  
  I am rejecting this response because the statements made by Hindsite 20/20 are not true. I asked to be removed from the lease multiple times and Hindsite 20/20 only removed my name from the lease after I filed a complaint with the BBB. Hindsite 20/20 says that "techincally I could have forced them all (previous roomates) to move out" but did not notify me of this option when they refused to take my name off of the lease that I did not sign after I asked multiple times. I did not receive any notice in writing that unless I forced my previous roommates to move out, Hindsite 20/20 would keep my name attached to a lease I did not sign and try to force me to pay a fee to remove my name. Hindsite 20/20 says that I did not complain about not getting my security deposit back but I did not complain about not getting my security deposit back because dealing with Hindsite 20/20 has been a nightmare. It seemed from my perspective futile to try to get a security deposit back when Hindsite 20/20 was trying to force me to pay fees to remove my name from a lease that I did not sign. I did make a formal departure and I notified Hindsite 20/20 within the time they specified, that I would not be renewing my lease. Hindsite 20/20 should apologize for the way that they handled this situation. 
  
  Regards,
  
  *********************

• Initial Complaint

  02/21/2023

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I moved out of a property in ****** managed by Hindsite 20/20 on June 20, 2022. This agreement was confirmed by a Notice of Intent to Vacate delivered to Hindsite 20/20 on May 26, 2022, and it also included a forwarding address for the return of the security deposit. Hindsite 20/20 acknowledged and accepted the Notice. **************** agent of Hindsite 20/20provided instructions on how to vacate, including delivery of the keys. This agreement to vacate was supported by good and valuable consideration I paid on May 25, 2022 and accepted by Hindsite 20/20: $1,850.00. Per the agreed-upon terms, the keys were delivered to the Hindsite 20/20 office located in ******, ** on June 20th, 2022. More than 30 days passed after the property was vacated and a forwarding address was provided. During that 30-day period, Hindsite did not send and I did not receive a return of the security deposit, nor was a written description and itemized list of all deductions provided, if any. On July 29, 2022, Hindsite 20/20 forwarded $1,237.25 to me, which is not the entire security deposit amount. The entire security deposit provided to Hindsite 20/20 was $1,850.00. The remaining $612.75 was wrongfully withheld as it was not delivered within 30 days of the property being vacated. Hindsite 20/20 presumably acted in bad faith under Section 92.109(d) of the ***** Property Code because they failed to return the security deposit or provide a written description on or before 30 days after I surrendered possession. I also submitted a demand letter, attached below along with the certified mail tag, requesting a refund of the remaining $612.75 of the security deposit.

  Business response

  03/22/2023

  To Whom it may concern:
  
  Regarding the complaint that was recently closed concerning the Tenants deposit at *****************************, we did want to reach out to provide a response so we could provide additional information on why the Tenant was billed for certain items at the time of move-out. 
  
  Please see the following link to view the 3D virtual scan that was taken before move-in to show the condition of how the Tenants received the property:  *********************************************
  
  Subsequently, please see the following link to view the 3D virtual scan that was taken after the Tenants vacated to show the condition of how the Tenant returned the property: *********************************************
  
  Per the terms of the lease, the Tenants were required to return the property in the same condition they received it in with allowances for normal wear and tear.  These tenants requested to break their lease early, their lease ended August 31, 2022.  The Owner agreed to allow them to pay for the right for us to find replacement tenants which moved in July 1, 2022. However the tenants that broke their lease early are 100% responsible to maintain the property clean and lawn serviced until the day a new tenant moves in. In addition, because they broke their original lease they were billed for the cost to rekey the property and all of this is allowable per the terms of the lease and amendment they signed when they choose to vacate early see attached form.  They were provided with a breakdown of what was billed to them as required by law see attached form. 
  
  Please let us know if you have any further questions. 

  Remember...We are never too busy to help your family, friends, or co-workers with their ******************* needs.  Just call or email us with their name and number and we'd be glad to follow up with them.
  
  Thanks,
  
  *********
  ******************* Assistant
  Hindsite 20/20 *********** Investments
  2007 *************************************
  ******, ***** 78756
  Phone: **************
  *************************************

   

  Customer response

  03/23/2023

  Complaint: 19438365
  
  I am rejecting this response because:
  

  The issue is the timing of when the security deposit was received. The security deposit was wrongfully help for more than 30 days after the property was surrendered which constitutes a bad faith violation of ***** Property Code ******. I've copied that section of the property code below and emphasized the relevant section:

  "Sec. ******. LIABILITY OF LANDLORD. (a) A landlord who in bad faith retains a security deposit in violation of this subchapter is liable for an amount equal to the sum of $100, three times the portion of the deposit wrongfully withheld, and the tenant's reasonable attorney's fees in a suit to recover the deposit.
  (b) A landlord who in bad faith does not provide a written description and itemized list of damages and charges in violation of this subchapter:
  (1) forfeits the right to withhold any portion of the security deposit or to bring suit against the tenant for damages to the premises; and
  (2) is liable for the tenant's reasonable attorney's fees in a suit to recover the deposit.
  (c) In an action brought by a tenant under this subchapter, the landlord has the burden of proving that the retention of any portion of the security deposit was reasonable.
  (d) A landlord who fails either to return a security deposit or to provide a written description and itemization of deductions on or before the 30th day after the date the tenant surrenders possession is presumed to have acted in bad faith."

  ***** Property code outlined on page four paragraph ten of our lease states that a tenant must surrender a property "after which the landlord has 30 days in which to account". On page seven paragraph 16, the lease goes on to state that ""Surrender" occurs when all occupants have vacated the Property, in the Landlord's reasonable judgment and one of the following events occurs: (a) the date Tenant specifies as the move-out or termination date in a written notice has passed; or (b) Tenant returns keys and access devices that Landlord provided to Tenant under this lease." A copy of the lease was attached. 
  

  The return of the security deposit is explicitly tied to the surrender of the property and not to when a lease ends. We provided all required information and paperwork more than 30 days prior to surrendering the property on the agreed upon date (June 20th, 2022). I have also attached the Intent to Vacate Form signed by all parties and confirming this date. As stated above the security deposit was required to be returned on or before July 20th, 2022 (30 days after the date of surrender). Because of this bad faith violation by the Landlord we are simply requesting that the entirety of our security deposit be returned to us. The outstanding balance still owed is $612.75. 

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

  Business response

  03/23/2023

  Good Morning, 

  No adjustments will be made, our decision is final.

  The tenants lease terminated on June 30th and we sent the deposit back within the 30 day timeline per the lease on July 29, 2022.  

  Thanks, 

  *********

  Hindsite 20/20 Real Estate

  Customer response

  03/23/2023

  Complaint: 19438365
  
  I am rejecting this response because:

  This is an unlawful retention of the security deposit.
  
  

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