ComplaintsforAvalonBay Communities, Inc.

• Initial Complaint

  07/21/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  Dear *** or Lady, I am filing a complaint for two issues: 1. unjustfied billing; 2. poor customer service.1. Billing issue: I moved out *************************************** Baltimore MD on June 14th 2023. The final bill shows a damage charge of $1,716.22. I asked them to send an itemized bill for the following items in the damage charge bill: appliance replacement of $271.42, appliance replacement of $266.70, ceiling repair of $83.10, and ceiing repair of $600.00. They never did. They also charged $95 for standard cleaning and $400 for advanced cleaning. This is clearly a double dipping. The 06/2023 bill also has several issues. There were charges (total $197.56) for electricity/utility/sewer/trash/water on 06/13/2023. However, the electricity/utility/sewer/trash/water charges (total $318.18) showed up again on 06/16/2023. I moved out on 06/14/2023. Why charges me for those items after I moved out?2. Poor customer service. I spoke with **************** (Resident Recovery) on July 11. Then I emailed her for clarification on July 12th. No response. I emailed her again on July 17th. Still no response. Their office closes on weekends and the bill is due this Sunday. I had no option but to pay in full today. They can not simply ignore customers' inquiries so they can eventually add late fees to the bill. Desired settlement: review the itemized bill with me and reimburse the overcharged amount.

  Business response

  08/01/2023

  August 1, 2023

  Dear Mr. Dennis:
  I have received the aforementioned complaint filed by ********* **** and have reviewed their account in its entirety.
  The enclosed sections 49 and 50 of the lease agreement that *** **** signed on March 4, 2022, explains that the apartment must be in the same condition it was when you received it, except ordinary wear and tear. Ordinary wear and tear is considered unavoidable damage and apartment cleaning, painting, wall and ceiling repairs, and appliance replacements such as replacing the stove top and microwave are not considered ordinary wear and tear. *** **** will be required to pay the cost of labor for cleaning the
  apartment and repairing any portion of the apartment or our property that was damaged.
  On June 15, 2023, our maintenance staff conducted a final inspection of *** ****’s apartment and found that the apartment was severely damaged. Throughout the apartment, there was extensive writing on the walls and floors and stickers on the walls and windows. The kitchen stovetop and microwave needed to be replaced. The maintenance staff also found a hole in the wall that exposed wiring, which required the drywall to be replaced. Additionally, the apartment was heavily soiled, as it needed deep cleaning. I have
  included photos of the damages for *** ****’s convenient review.

  As a customer service gesture, the management staff of Avalon *** ********* has agreed to waive the damage charges of $1,716.22. Due to this credit, we will refund $1,716.22. We will process this refund in 7-10 business days, and *** **** can expect a check via *** Next Day Air for $1,716.22 to the forwarding address we have on file once the refund is processed.
  On behalf of AvalonBay, I would like to thank *** **** for his residency. We wish him the best in his
  future endeavors.

  Please feel free to contact me directly with any questions.
  

  Yours truly,

  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  08/03/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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. 
  
  Regards,
  
  ***************************
  

• Initial Complaint

  07/10/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  The Avalon ***** ****** represented that a 'move-out cleaning fee' of $175 was optional. I moved out on May 30, 2023. I spoke to ***** *****, Sr. Community Consultant at Avalon ***** ******, after a preliminary inspection and told her that I would clean the apartment myself. However, after I thoroughly cleaned the apartment, she charged $175 for 'damages.' The damages listed on the itemized invoice I requested from them were simply ordinary wear and tear. In New York, property owners are not permitted to charge for ordinary wear and tear. In effect, Avalon ***** ****** is making the cleaning fee mandatory, which is not legal. Nor is the fee listed in the lease agreement. Accordingly, they are engaging in a wrongful business practice effectively scamming all residents out of $175 upon move-out, using the fee to pay for a cleaning of ordinary wear and tear. Excerpt form email exchange below: ... Any general deterioration that occurs naturally as a result of the tenant using the property as it is designed to be used, without fault or negligence from the tenant, is ordinary wear and tear. In New York, a landlord may not withhold a tenant's security deposit to recover ordinary wear and tear. Ordinary wear and tear, also called reasonable wear and tear, is damage to the property resulting from ordinary use and exposure over time. In accordance with provision 49 in my lease agreement, I cleaned the apartment and left it in the same condition it was in when I recieved it, except for ordinary wear and tear. According to provision 50, and New York state law, "ordinary wear and tear is the level of wear on the Apartment that could be caused by a reasonably careful occupant of the Apartment over the course of a lease term." I lived in the apartment for three years and did not leave it in any state that exceeds the ordinary wear and tear of a three-year term. ... Please help stop the Avalon from this wrongful business practice. Thank you.

  Business response

  07/14/2023

  July 14, 2023 
  

  Dear *** ******: 
  

  I have received the aforementioned complaint filed by Evan Patton and have reviewed their account in its  entirety with Avalon ***** ******. 
  

  Section 49 and 50 of the lease agreement of the lease agreement **** ****** signed on December 25,  2022, states that they will be required to pay the cost labor for cleaning the apartment, painting the  apartment to cover dirt stains, and missing or broken mini blinds.  
  

  On May 31, 2023, the maintenance staff inspected the apartment and found that the dishwasher was not  cleaned, and the bathroom shower was heavily soiled. Additionally, the air vent was dirty, and the mini  blinds had been damaged. I have enclosed photos of the damages and the move-out checklist for ****  ******’s convenient review.  
  

  As a customer service gesture, the management staff of Avalon ***** ****** has agreed to waive the  damage charge of $229.10 to thank **** ****** for his residency. Due to this credit, we will refund  $229.10. We will process this refund in 7-10 business days, and **** ****** can expect a check via ***  Next Day Air for $229.10 to the forwarding address we have on file once the refund is processed.  
  

  On behalf of AvalonBay, I would like to thank **** ****** for their residency.
  

  Please feel free to contact me directly with any questions. 
  Yours truly, 
  ******* ******* 
  Loss Mitigation and Support Specialist  
  AvalonBay Customer Care Center 
  

  Customer response

  07/20/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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 note that the business was careful to avoid liability in their response, stating 'customer service' as the motive for the refund. I also note that their agreement to refund indicates knowledge that my security deposit was wrongfully withheld and damages were wrongfully charged. 

  I hope that the BBB can continue to help future residents to avoid being subject to this wrongful business practice and hold the business accountable. Thank you very much to the representatives of the BBB for helping to resolve this issue. 

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

• Initial Complaint

  07/05/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  We transferred leases to another Avalon community mid June and I just received the damages email which amounted to 515$.300$ for counter glaze and 200$ for cleaning fee which we did not even know this was going to happen. If we did, we would have left the apartment as is. This is beyond ridiculous due to the fact we left that apartment spotless and the counter tops were just fine when we left and were not great when we moved in. Also, we had already made complaints about neighbors above us who had their dog urinate on their porch which went down to ours and ruined most of our items. Nothing was done regarding that issue from the leasing office. There were also charges of utilities that does not make any sense. We had a security deposit of 750$ yet they took all that and still trying to charge us a remaining fee of $260.I would like my full security deposit of 750$, not only because we left the place spotless but from all the damages we encountered from above neighbors dogs. Very frustrating and ridiculous!

  Business response

  07/20/2023

  July 20, 2023 
  Dear *** ******: 
  

  I have received the aforementioned complaint filed by *** ****** and have reviewed her account in its  entirety. 

  Sections 49 and 50 of the lease agreement *** ****** signed on May 17, 2022, states that the apartment  must be clean and in the same condition it was when it was received, except for ordinary wear and tear. If  not, you will be required to pay the cost of labor for cleaning the apartment and repairing any portion of  the apartment our property that was damaged.  
  

  On June 16, 2023, the maintenance staff conducted a final inspection and found cut marks on the kitchen  countertops. I have enclosed photos of the damages for *** ******’s convenient review. 
  

  As a customer service gesture, the management staff of eaves Pacifica has agreed to waive the damage  charge of $515.00. Due to this credit, we will refund $239.63. We will process this refund in 7-10  business days, and you can expect a check via *** Next Day Air for $239.63 to the forwarding address  we have on file once the refund is processed. 
  On behalf of AvalonBay, I would like to thank *** ****** for her continued residency.
  

  Please feel free to contact me directly with any questions. 
  

  Yours truly, 
  

  Loss Mitigation and Support Specialist  
  AvalonBay Customer Care Center 
  

  Customer response

  07/24/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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. 
  

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

• Initial Complaint

  06/18/2023

  Complaint Type:

  Sales and Advertising Issues

  Status:

  Answered

  More info

  This company is a complete scam. I was promised "easier living" and I've gotten the complete opposite. I want to break my lease with no penalty. I've had a horrible move in from day one, contacted corporate numerous times and nothing is being done. I was bribed to leave a 5 star review in exchange for a keyfob and the keyfob didn't even work. I also received an email from a Manager and I believe it's an intimidation tactic to guilt me into changing my truthful review on *******

  Business response

  06/29/2023

  June 29, 2023

  Dear *** ******:
  I have received the aforementioned complaint filed by *** ****** and have reviewed her account in its entirety with Avalon ********.
  First, I’d like to apologize to *** ****** for any inconvenience she has incurred during her residency.
  On October 16, 2022, *** ****** emailed the management staff at Avalon ******** and informed them that the apartment was not cleaned prior to her move in date. She stated the stove and microwave was dirty and that the toilet, washer, and dryer were not working properly. *** ****** also informed us that the front door of her apartment did not lock. ***** *****, Maintenance Manager, sent a maintenance technician to fix the front door lock and to begin cleaning that same day. He also scheduled to have the apartment cleaned the following day. *** ***** continued to follow up with *** ******, to ensure that all necessary repairs and cleaning were completed including repairs that were not addressed when she initially moved in such as the garage door as she was unable to open it. As a customer service gesture, we provided $275.00 in gift cards for her unsatisfied move-in experience.
  Regarding *** ******’s accusation of bribery, when a resident loses a key fob and has a positive interaction with the team, while we reprogram a new key fob, we request a ****** review. We have not, at any time, requested a positive ****** review in exchange for any service, including but not limited to a key fob request.
  Respectfully, the email that *** ****** has referenced does not insinuate intimidation, but rather asks for clarity and time to discuss her additional concerns as the management staff has been working with her to resolve all matters. I reached out to ******** ***********, Community Manager, and she informed me that on June 21, 2023, she emailed *** ****** and offered to terminate the lease agreement without penalty due to her experience and asked if she would consider removing the negative ****** reviews as they
  were working together to resolve *** ******’s concerns. At no time was *** ****** intimidated to remove any ****** reviews.

  On behalf of AvalonBay, I would like to thank *** ****** for her residency. We wish her well in her future endeavors.
  Please feel free to contact me directly with any questions. 
  

  Yours truly,
  ******* *******
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  07/06/2023

  [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 Answered]
  
   Complaint: ********
  
  I am rejecting this response because:
  

  The business is lying, blatantly. *********************** sat me down in her office, after I requested a new key fob about 60 days ago. I was willing to pay the 50.00 fee as this is my second replacement. *********************** said verbatim, "I'll give you the key fob for FREE, if you leave me a 5 Star Review." I did not want to leave a 5 Star Review, as the business previously stated I had a terrible move in experience. To make matters worse, the key fob was never activated and I had to return again for her to activate it. She also said she'd address my other concerns only before my renewal deadline, in my opinion that's using my complaints as leverage on the rent negotiation process. I was also asked by ********** to remove my ****** Review in exchange of terminating my lease. I'm having a hard time grasping why I'm being asked to remove or add ****** Reviews that are falsified. I moved into this place largely based on the ****** Reviews I read and now that I know why there're so many "positive reviews" I realize I was sold a fabricated lie by ***************.

  Also, to be contacted asking why, especially when none of my concerns were addressed, is in fact a method of intimidation because after I left the review, I went into the office to make a separate request and was asked to leave because I'm on private property, by *********************** after I responded back to her email about the ****** Review. I'm being treated unfairly and terminating my lease is not a viable solution.
  
  Regards,
  
  ***************************

  Business response

  07/14/2023

  July 14, 2023

  Dear *** ******:
  Thank you for your reply to our most recent communication.
  At this time, we have provided all relevant information available related to this matter. We apologize this is not to *** ******’s satisfaction, however, we believe firmly that all applicable information was provided in our previous responses.
  We thank *** ****** for their residency with Avalon ********. AvalonBay now considers this matter closed.
  Please feel free to contact me directly with any questions.
  

  Respectfully,
  ******* *******
  Loss Mitigation Support Specialist
  AvalonBay Customer Care Center

• Initial Complaint

  06/18/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I am writing to file a formal complaint against AvalonBay Communities, located at ***********************************, Arlington, VA *******, for their unfair business practices. Specifically, I have been charged a recovery utility fee every month since December 2020 without my consent, and I believe that this is a violation of my consumer rights. When I initially moved into the apartment complex, the leasing agent did not inform me that I needed to set up an account with ***** and ************** in order to pay for my utilities. I assumed that the charges would be included in my monthly rent payment, and I was not made aware of any additional fees or charges. It wasn't until I received my first rental statement that I noticed the recovery utility fee. Upon realizing that I was being charged for a service that I was not aware of and did not consent to, I immediately contacted the management team at AvalonBay Communities. I was told that the recovery utility fee covers the cost of utilities, and that it is charged to all tenants regardless of whether or not they use the services. I explained that I had not signed up for the services and that I had not received any communication from the apartment complex regarding the set-up process. Despite several attempts to resolve the issue, I have not received a satisfactory response from the management team. They have refused to stop charging me the recovery utility fee, and have not offered any solutions or alternatives. I believe that this is a clear violation of my consumer rights, and I am requesting that the Better Business Bureau investigate the business practices of AvalonBay Communities. I have attached copies of my rental statements as evidence of the charges, and I am willing to provide any additional information that may be required. I would like to request that AvalonBay Communities stop charging me the recovery utility fee immediately, and refund any charges that I have already paid.

  Business response

  07/03/2023

  July 3, 2023 
  

  Dear *** ******: 
  

  I have received the aforementioned complaint filed by *** ****** and have reviewed his account in its  entirety. 
  

  Section 23 and 24 of the lease agreement that *** ****** signed on November 7, 2020, and every lease  renewal thereafter explains that *** ****** must contract directly with the appropriate utility company  for each utility service not provided at our expense, such as electricity and gas which are outlined in the  lease summary. In addition, if *** ****** fails to initiate such service in his name, we may bill him for  any utility service he receives which is charged to us and those bills may include an administrative fee, such as the utility recovery fee. I have enclosed sections 23 and 24 of the lease agreement as well as other  sections in the lease agreement that reference the utilities.  

  It is incumbent upon *** ****** to read the lease agreement prior to signing as he was informed  throughout the lease agreement that he would be responsible for the utilities. To avoid additional charges  for both electricity and gas, we strongly urge him to contact both ***** and ********** *** and place  the utilities in his name. 
  

  On behalf of AvalonBay, I would like to thank *** ****** for his residency. 
  

  Please feel free to contact me directly with any questions. 
  

  Yours truly, 
  
  Loss Mitigation and Support Specialist  
  AvalonBay Customer Care Center 
  

• Initial Complaint

  06/10/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I'm filing a formal complaint against AvalonBay Communities for violating California state law (Civil Code 1950.7, Section (e)) on refundable holding/security deposits. I encountered multiple issues with AvalonBay Communities, and their practices are deceptive and unfair. Here's a timeline of events: I applied on April 18th, 2023, received an acceptance notice on April 21st, 2023, and declined the rental on April 25th, 2023. I decided against AvalonBay Communities/Avalon ******** ***** due to safety concerns related to reported break-ins and burglaries, which posed a risk to me and my disabled family member. Despite my decision not to proceed, AvalonBay Communities is coercing me to pay a reservation fee, engaging in deceptive practices to attract renters. Their own terms state that the payment would be allocated towards the deposit, but they now claim it's a reservation fee, demanding $423.33. This contradicts Civil Code 1950.5 Section (a), which defines "security" as any payment, fee, deposit, or charge imposed at the beginning of the tenancy for various purposes, including reimbursement of landlord costs. Additionally, Avalon ******** ***** of AvalonBay Communities has hindered effective communication. Numerous phone calls go unanswered, with no opportunity to address lease concerns or the rental property. Their physical office is under construction, preventing in-person visits for issue resolution. I strongly believe AvalonBay Communities deliberately scams individuals by charging additional fees under false pretenses. Their actions violate California state law, deceive potential renters, and compromise their rights and financial well-being.

  Business response

  06/21/2023

  June 21, 2023 
  

  Dear *** ******: 
  

  I have received the aforementioned complaint filed by *** ****** and have reviewed her account in its  entirety. 
  

  Upon submitting her online application to Avalon ******** ***** on April 18, 2023, *** *** agreed to  the terms and conditions, which states that the application fee is non-refundable. It also states that “if you  decided prior to executing the lease that, notwithstanding this application, and our approval, you no  longer wish to proceed with the lease, you must notify us in writing (the Termination  Notice”)…Concurrently with your delivery of the Termination Notice to us, in consideration for our  having held the apartment home off the market and reserved the apartment home for you, you agree to  pay us a Reservation Fee.” Please see the enclosed California Terms and Conditions for further details  regarding the Reservation Fee.  
  On April 18, 2023, *** ****** made a payment of 161.25 which represents the cost of the non refundable application fee. At no time was *** ****** charged additional monies for the security  deposit. I have enclosed a financial breakdown for *** ******’s convenient review. 
  

  As of today, the outstanding balance is $423.33, which represents the reservation fee, can be settled by  calling our Resident Recovery team at ###-###-####. 
  On behalf of AvalonBay, we wish *** ****** the best in her future endeavors.
  
  Please feel free to contact me directly with any questions. 
  

  Yours truly, 
  ******* ******* 
  Loss Mitigation and Support Specialist  
  AvalonBay Customer Care Center 
  

  Customer response

  06/29/2023

  [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 Answered]
  
   Complaint: ********
  
  I am rejecting this response because: On April 25, 2023, I submitted a written request to terminate my application for housing at your property. At the time of my application, construction was still ongoing at Avalon ************** and I was unable to reach anyone by phone or through your online portal to confirm receipt of my termination letter. Despite my best efforts to notify Avalon ************ in writing and to follow up via recommended communication channels, my application was not cancelled in a timely manner.   
  
  I ask that you investigate this matter to determine why my termination request was not properly processed. Timely and accurate communication with applicants and residents is crucial to maintaining a positive customer experience.
  
  Regards,
  
  *********************

  Business response

  07/07/2023

  July 7, 2023 
  Dear *** ******: 
  

  Thank you for your reply to our most recent communication. 
  

  The leased rent for the apartment *** ****** applied for is $2,540.00. *** ****** applied on April 18,  2023, and she cancelled on April 25th. Per the terms and conditions, we may charge a maximum of five  days of rent for the reservation fee. *** ****** was charged $84.66 per day, hence the reservation fee  charge of $423.33.  
  

  At this time, we have provided all relevant information available related to this matter. We apologize this  is not to *** ******’s satisfaction, however, we believe firmly that all applicable information was  provided in our previous responses.  
  

  AvalonBay now considers this matter closed. 
  

  Please feel free to contact me directly with any questions. 
  

  Respectfully, 
  ******* ******* 
  Loss Mitigation Support Specialist  
  AvalonBay Customer Care Center 
  

• Initial Complaint

  06/05/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  Regular grass trimming result in the accumulation of grass clippings around the door's common area and in patio area. When the grass clippings are 'cleaned up' by a blower, it accumulates on the rugs that I have placed outside the patio door and front door. The purpose of the rugs is to prevent grass clippings and dirt to get into my house as my allergies & asthma reaction to this can be severe. Instead, the person cleaning up accumulates the dirt and clippings on my rug which renders it not only useless, but dirt inevitably ends up being brought to my home. Last October 21, 2022, I emailed the admin office about the problem and thankfully, they addressed the problem at the time. The patio seems to be cleaned from then on. Around May 25, there was a significant accumulation of grass on my rug and under stairwell near my door and I started having health reactions while inside my apt. I opened an admin ticket to report this as urgent. NO one has replied. I've had to use my patio door to get in and out of my apt. After a week, I checked my service ticket and it has disappeared from queue so I wrote the admin office via email. Still no response. On June 3, I emailed Avalon HQ and have not received a response either. I would like the office to acknowledge (1) that i in fact had an urgent service ticket opened, a follow up email sent, (2) an explanation for why the service ticket mysteriously disappeared and explanation for why there has not been a response so far from all 3 correspondences, (3) an apology for the lack of response and for causing my allergy has come back after 5 years of having, now I've had to start the medication again that they address the situation asap; (5) a promise that they properly clean up after cutting grass; (6) that they respond in a prompt manner if a ticket has to be opened again.

  Business response

  06/09/2023

  June 9, 2023

  Dear *** ******:
  

  I have received the aforementioned complaint filed by *** ***** and have reviewed her account in its entirety with ***** **** *****.
  First, I would like to apologize to *** ***** for any inconvenience she may have incurred during her residency. We appreciate *** *****’s desire to have this matter reviewed by the Better Business Bureau.
  I have been made aware by *** ***** ******, Community Manger of ***** **** *****, that both he and the Senior Maintenance Manager, ****** ******, have been working with *** ***** directly in order to come to a mutually satisfactory conclusion.
  

  On behalf of AvalonBay, I would like to thank *** ***** for her residency.
  

  Please feel free to contact me directly with any questions.
  

  Yours truly,
  ******* *******
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Business response

  06/13/2023

  Hello ****************,

   

  Please see our revised response. 

   

  Please let me know if you have any questions.

  Customer response

  06/14/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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. 
  
  Regards,
  
  *************************
  
  

• Initial Complaint

  05/30/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Upon moving in on 6/16/2022, I paid my first month of rent and a security deposit that was equivalent to my last month of rent via a cashier’s check. I moved out on 4/16/2023 and have yet to receive a refund for my deposit of approximately $1,500. I was told to give my complex 30 days to send Avalon Communities my inventory plus an additional 7-10 business days for my check to arrive to my forwarding address. I called on 5/12/23 and was told my check was mailed on 5/11/23. After a week, I called and was told the check was not mailed in 5/11 because checks aren’t issued in Thursdays so I should give it more time. I’ve called almost daily asking to speak to a supervisor only to receive pushback from employees. I’ve also requested to have a new check reissued only to have employees dissuade me by saying if my check arrives before the new one is issued I can’t cash it, therefore it’s best to wait for the original to arrive in the mail. On 5/26 I asked for a new check to be issued and sent via certified mail. I was told that would be taken care of by 05/30 and I should expect an email with a tracking number for my check. As of today, my refund has not been sent by Avalon. Monday 6/5 will begin the seventh week since I moved out which is an ample amount of time to ****** my $1,500 refund.

  Business response

  06/08/2023

  June 8, 2023 
  

  Dear *** ******: 

  I have received the aforementioned complaint filed by ******* ******** and have reviewed their account  in its entirety. 
  

  First, I would like to apologize to ******* ******** for any inconvenience they may have incurred. We  appreciate ******* ********’s desire to have his matter reviewed by the Better Business Bureau,  however, this matter has been resolved. 
  

  A refund of $1,456.59 was sent via Next Day Air on May 31, 2023, and delivered on June 1, 2023. This  check was cashed on June 2, 2023. 
  

  On behalf of AvalonBay, I would like to thank ******* ******** for their residency. We wish them the  best in their future endeavors. 
  

  Please feel free to contact me directly with any questions. 
  

  Yours truly, 
  ******* ******* 
  Loss Mitigation and Support Specialist  
  AvalonBay Customer Care Center 
  

• Initial Complaint

  05/30/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  Prior to moving out the Avalon sends an agent for a preliminary move out check. They evaluate the living spaces and determine if some charges may be applied. When the Avalon sent their agent, I showed this individual all of the "issues" I could see. The agent expressed these would be resolved with paint and I both needed to take no action, and would not be charged. Upon move out, I was sent a $500 fee which included a $100+ clean up fee for an oven, and separate fees for the areas I had pointed out to the agent. One of the fees was for a wall which over my two years at the avalon developed a structural crack. It is evident even in images that the crack could not have been made by any resident, yet today they threatened to send me to collections for the outstanding payment of that wall. This is the first time I hear from them, yet they tell me that I was emailed more than 9 months ago regarding that wall. That they don't call, despite me requesting a call back several times. This very much seems like fraud. These corporations have an insane amount of money, yet they charge me ridiculous fees for items I was not responsible for, or could have fixed with less than $50 myself, after one of their agent reassures me in writing that I would not be charged. They have a copy of this document, it's the preliminary move out form where they documented $0 for the problems I was later charged for.

  Business response

  06/08/2023

  June 23, 2023
  

  Dear *** ******:
  
  Thank you for your reply to our most recent communication.
  
  At this time we have provided all relevant information available related to this matter. We apologize this is not to *** *********’s satisfaction, however, we believe firmly that all applicable information was provided in our previous responses.
  
  We thank *** ********* for their residency with Avalon The **********. AvalonBay now considers this matter closed.
  
  Please feel free to contact me directly with any questions.
  
  Respectfully,
  ******* *******
  Loss Mitigation Support Specialist
  AvalonBay Customer Care Center

  Customer response

  06/12/2023

  [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 Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  In the original response I write that an officer who conducted the initial walk through stated that none of these damages would be pursued because they were items that would be painted over. None of what has been submitted is a response to that claim. I am especially frustrated that I'm being charged for a wall that developed a crack through structural stress from the floor above. Why is that the tenant's responsibility? I would also like to know why I was charged more than $100 when the paper they provided as evidence states it would be $100. I'm also concerned about the tub reglazing. That's what I was told was cover by the $130, yet here the evidence presented shows a single tile with missing paint. I can guarantee this did not cost $130 to replace.

  Based on this I believe I should be refunded for everything except the cleaning fee of $95. When I attempted to communicate all of this to any of the employees, they continue to ignore me and simply state, "this is what is due, and if you don't pay it, we will send you to collections." I'm young and a renter, and here they are threatening my credit score.

  Even if I was found liable for all these issues, the cost based on the evidence they provided, should have been $325. Why was I charged more than $400? This absolutely screams scam.
  
  Regards,
  
  ***

  Business response

  06/23/2023

  July 27, 2023
  
  Dear *** ******:
  
  I have received the aforementioned complaint filed by *** ********* and have reviewed his account in its entirety.
  
  The enclosed sections 49 and 50 of the lease agreement signed by *** ********* on June 10, 2020, state that the apartment must be returned to us in the same condition as it was received less normal wear and tear. Normal wear and tear is considered unavoidable damage; apartment cleaning, tub reglazing, wall and ceiling repair are not considered normal wear and tear.
  
  Our maintenance staff conducted a preliminary inspection with *** ********* on May 25, 2022. During the inspection it was determined that the apartment needed full cleaning and the walls needed to be repainted throughout the apartment. In addition, there was a crack in one of the walls that needed plaster repair. I have enclosed the move-out checklist, photos of damages, and the preliminary inspection form which lists the estimated charges for all damages seen in the initial inspection.
  
  On August 15, 2022, an associate on our Resident Recovery team spoke to *** ********* and informed him of the balance owed of $485.65. The associate explained the balance was for charges resulting from damages found in the apartment during the final inspection. Although *** ********* disputed the balance owed, he agreed to a payment plan and made two payments of $177.83 on August 17, 2022, and September 19, 2022. Payments ceased on *** *********’s account until May 30, 2022, once he received another call from our Resident Recovery team informing him that the remaining balance of $129.99 was not paid. *** ********* disputed the balance once more; however, he was advised that the charges were
  valid, and *** ********* then made a payment of $129.99.
  
  On behalf of AvalonBay, I would like to thank *** ********* for his residency. We wish him the best in his future endeavors.
  
  Please feel free to contact me directly with any questions.
  
  Yours truly,
  
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center
  

  Customer response

  07/18/2023

  [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 Answered]
  
   Complaint: ********
  
  I am rejecting this response because:

  1. The company has failed to respond to the discrepancy of more than $100 on their paperwork and the amount they charged the tenant.

  2. The company has failed to respond to overcharge for an item, creating a fictitious cost for "bathtub reglazing." The evidence provided shows a singular bathroom tile with missing paint. 

  3. The company has failed to respond to dispute over "normal wear and tear." This is regarding a stress bearing wall that developed cracks due to faulty craftsmanship, not developed by tenant/use. 

  4. The company has failed to acknowledge discrepancy between employees, and has not so much as issued an apology. The company repeatedly failed to connect tenant with employee who would be able to provide evidence of tenant claims. 

  5. The company has refused to engage with any of the tenant claims, has refused to offer a resolution, and has wasted time of both the tenant and the BBB. 

  Regards,
  
  ***

  Business response

  07/27/2023

  July 27, 2023

  Dear *** ******:
  

  In response to *** *********’s objection, I was advised by ******* *., Senior Maintenance Manager, that the damages to the ceiling and wall were not caused by any structural incidents. It was likely caused by an object hanging from the ceiling.

  The preliminary inspection’s intent was to provide *** ********* with an itemized list of damages with an estimated cost of repairs to the apartment so he could address them prior to vacating to prevent additional charges. Once *** ********* vacated the apartment, our maintenance staff conducted the final inspection and estimated the cost once more. *** ********* chose not to address the issues seen at the preliminary inspection hence the charges.
  

  In the interest of resolving this matter, the management staff of Avalon the ********* has agreed to waive $260.00 which represents the cost to repair the wall and ceiling to thank *** ********* for his residency.
  

  No other charges will be waived at this time as it was determined that *** ********* was charged for the estimated cost of the repairs at the time of the final inspection rather than the actual cost, the latter of which was higher. I have enclosed the invoices for the reglazing of the bathtub and apartment cleaning which list the costs of service as more than the estimates provided at the preliminary inspection.
  

  On behalf of AvalonBay, I would like to thank *** ********* for his residency. We wish him the best in his future endeavors.

  Please feel free to contact me directly with any questions.
  

  Yours truly,
  
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  08/02/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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. There is a misrepresentation of the events and a lack of evidence for statements made, but for the purposes of brining this complaint to a close I accept the actions taken. 
  
  Regards,
  
  ***
  

• Initial Complaint

  05/27/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  The lease my husband and I signed with Avalon********* began on September 23, 2022. Shortly after moving in, my husband and I began experiencing excessive noise from the neighbors above us. We contacted the leasing office in reference to this matter. We were assured that the complaint would be addressed. As time went on, the excessive noise continued. At this time we began a log of the noises to include date, time and where we were located in the apartment. We also sent recordings of the noise via email to *******************During one of the calls, I informed the leasing office that the noises do not occur everyday. However, when they occur the noise is excessive. We were asked to contact the leasing office with any further complaints of noise. We did as requested. We were also given the number to Courtesy Patrol to call in the event the noise occurred during evening hours. On two separate occasions, the noise was so excessive we contacted Courtesy Patrol. However, we were told due to 10:00 p.m. noise ordinance in Aurora, we could either call 911 non emergency to file a complaint or call back after 10:00 p.m. if the noise continues. The noise from the neighbors above continues with the most recent on May 26, 2023. We are hesitant to contact the leasing office. It is in our opinion that the leasing office has not been effective in addressing the issue. During one of my conversations with *********, I verbalized to her due to the continued noise, my overall quality of life and mood was being affected. At this time, my husband and I decided it would be best for me to travel to GA to visit family to get a break from the noise; this should have not been the case. At no time, were we offered the option of relocating to another apartment or terminating our lease early. At this point, my husband and I feel we should not be put in the position to continue living in an environment where our quality of life is being diminished. As of this writing, the noise continues.

  Business response

  06/13/2023

  June 13, 2023

  Dear *** ******:
  I have received the aforementioned complaint filed by *** ***** and have reviewed her account in its entirety with Avalon **********.
  First, I would like to apologize to *** ***** for any inconvenience she may have incurred during her residency. We appreciate *** *****’s desire to have this matter reviewed by the Better Business Bureau; however, this matter has been resolved.
  I have been made aware by *** ********* *******, Community Manager of Avalon **********, that *** ***** has made noise complaints regarding the apartment above hers. The management staff has spoken to the resident above *** ***** on many occasions to address the noise complaints. *** ***** has not made any noise complaints since March 2023.
  *** ******* reached out to *** ***** and they came to a mutually satisfactory conclusion for *** *****
  to terminate her lease agreement.
  On behalf of AvalonBay, I would like to thank *** ***** for her residency. We wish her the best in her future endeavors.
  Please feel free to contact me directly with any questions.
  Yours truly,
  ******* *******
  Loss Mitigation and Support Specialist
  AvalonBay Customer Care Center

  Customer response

  06/15/2023

  [A default letter is provided here which indicates your acceptance of the business's response.  If you wish, you may update it before sending it.]
  
  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.  We would like to clarify that we did not have any communication from ********* regarding this complaint. We had a conversation with ************************* as evidenced in the attached email. Additionally, the noise did continue as evidenced in the Noise Log that we submitted. We also want to ensure that there is no retaliation on the part of Avalon ***********. 
  
  Regards,
  
  ***************************
  

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩