Business ProfileforAllegheny Partners, LLC

I submitted what the property manager of Grammercy Row Apartments referred to as a security deposit in the amount of $880 on April 11th. The payment per my bank processed April 12th and I contacted the property manager on April 13th requesting refund my deposit for an apartment that had May 17th as a move-in date. Initially, the Property manager agreed via email but didn’t disclose I would not be receiving the full deposit back. Over a month passes it was clear the property manager wasn’t as willing to assist me as she had no tracking number never confirmed the forwarding address despite my request. I was advised after a month to “give it a few more weeks”. It took me pressing to speak to a supervisor and demanding a check be reissued that I get in the mail only part of my deposit. The letter attached with the check was claiming leasing fees and overhead/administrative damages. I was never issued a lease agreement to sign and had already paid the application fee which I understand is non refundable. It took me calling around before the VP of Finance responded via email claiming I was refusing to sign a lease and that the amount wasn’t refundable. Finally the VP agreed to issue the $150 (I’ve yet to revive) for leasing fees acknowledging a lease was never created but still claiming overhead and administrative damages (to include “accounting burden”) in the amount of $85. If you advertise online security deposit but then call it something different after that’s unethical and misleading. For less than 24 hours from payment to my initial refund request is somehow suitable to claim damages? I’ve already initiated a chargeback with my bank and requested a breakdown of the damages to total $85 abs responding. Horrible customer service and misleading by not differentiating security and/or reservation/application deposit and the difference between the two. Judging by the other two reviews in the past year this is a problem that needs to be addressed.

I apologize if it was not clear to Catherine that the “Application Deposit” (or “Reservation Deposit”) may not be fully refundable – Per the application that she signed, “If you or any co-applicant withdraws an Application or notifies us that you’ve changed your mind about renting the dwelling unit, we’ll be entitled to retain all application deposits as liquidated damages, and the parties will then have no further obligation to each other.” The application signed by her with clearly stated terms and definitions, a copy previously sent to her via email prior to her BBB complaint, is on file for her further examination. The Landlord considers the time period of reservation and applies a marketing damages rental and amenity loss charge on units that were held for a prospective tenant that does not execute the lease for the unit. These damages along with Leasing Fees, Administration, and Overhead damages are charged against the Application Deposit. This policy is standardized across our portfolio to recoup some of the loss associated with prospective tenant attrition. Once damages and direct costs associated with the non-execution of the intended lease are assessed, a detailed disposition of the application deposit is provided to the tenant along with a refund of the remainder of their Reservation Deposit. This policy is in compliance with Virginia Code §55.1-1200 and §55.1-1203(A). Catherine’s application was approved on 04/04/2022 and she paid the Application Deposit on 04/11/2022. She notified us on 04/13/2022 that she had changed her mind about the apartment unit and would not be signing a lease. A refund of her Application Deposit less damages was issued on 04/14/2022 via check #****. This check was mailed to the incorrect address in error. Upon inquiry and research after Catherine did not receive the check, check #**** for the refund was reissued and mailed overnight to her indicated address. We apologize again for the mailing error. In this particular case, we withheld Administrative Damages for the burden of labor and materials associated with collection and disposition of the application deposit and lease refusal in the amount of $85.00. We originally applied a Leasing Damages charge of $150.00, which was subsequently refunded via check #**** on 05/31/2022. It was found that a lease had not been drawn for Catherine upon her inquiry and the amount was immediately refunded. We apologized for the oversight in the leasing damages charge at the same time we let her know we issued and mailed a check to her. Catherine insisted that she had right to an administrative damages refund despite numerous communications regarding her signed application and the conditions of her Application Deposit. Per the signed application agreement, the refund for administrative damages was not issued and she indicated that she would escalate her complaint through other means. To circumvent this confusion in the future, we have modified our application to define the amounts of the administrative and leasing damages that may be retained upon lease refusal. Catherine requested a reversal of the payment she made for her Application Deposit through her bank on 06/02/2022 in breach of contract and thereby duplicating her refund plus damages. Due to this requested reversal in breach of contract, we have requested our bank to reject the reversal. Should the reversal post to our account, we strongly encourage Catherine to void the refund checks issued to her to ensure that fraudulence on her behalf is not suspected. Should Catherine require copies of any of the information provided above, including her signed application, Virginia Codes listed above, a copy of deposit deposition, or copies of refund checks, we are happy to provide it.