ComplaintsforEner-Con Companies, Inc.

• Initial Complaint

  10/11/2021

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  *********************************** is retaining my deposit because they falsely believe that I brought bedbugs into my unit, #***. This isn't true. The bedbugs came into my unit from many other units from other tenants that brought them in via clothing and infested furniture and infested the building. I was also in unit 114 and the problem was there, too. The previous owner conducted treatments of the units and acknowledged that I didn't bring the infestation in. The current owners were in the unit several times to conduct visual inspections of the. They saw how the walls were infected (I was treating the unit), the condition of the carpet, the ceiling coming down in the bathroom, but never addressed these issues. However, on the day of my vacancy the leasing agent notices the condition of the walls. The owners received many files from the previous owners and were aware of the issues regarding the building. I believe Forest green is using this excuse as a reason to keep my deposit.

  

  Business response

  10/12/2021

  ****************** addressed this matter with the ********** of ************ Trade and Consumer Protection.  Forest Green Realty & Management provided evidence to the ***** to support the withholding of ********************** security deposit.  The ***** believed us to be within our rights to withhold ********************** security deposit and closed the case.  Since we have proven our case with the *****, we do not believe this is a legitimate claim against Forest Green Realty & Management.  Please let me know if you need any additional information.  We thank you for your time in this matter.      

  Customer response

  10/18/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  [Please type your response here.]
  
  Regards,
  
  *********************

   

  In no way did Forest Green Realty & Management provided any "evidence" that I contaminated unit 214. Forest Green provided proof that was an ongoing issue. They received 12 boxes of files from the previous owner regarding the condition of the building, but they have not confirmed this particular issue by exposing those files. This contamination has been an ongoing issue before my occupancy of unit 214. In fact, it was an ongoing issue when I occupied unit 114. The ** at that time confirmed that other tenants were brining bed bugs into the building. I would like for Forest Green to answer the following questions truthfully.

  1. How is it that the leasing agent saw the conditions of the walls but the owners didn't when they conducted their visual inspections on several occasions? 
  
  
  2. Another problem that the landlords saw but never addressed was the ceiling coming down in the bathroom. I spoke to the landlords about it and the ceiling was never repaired. Why was this issue never addressed?
  
  
  3. Why was the unit treated only one time for bed bugs?
  
  
  4. Why were the walls allowed to be stained on a continuum by the infestation and not treated and repainted?
  
  
  5. The carpet was stained and infested. Why wasn't it replaced or treated and shampooed?
  
  
  6. ***** mentions that Forest Green took management of the property after July 1, 2020. She also states that the current landlords owned the building one year before their management corporation began overseeing the property. So, why did they allow two years to date to transpire and not do anything about these issues?    
  
  
  They knew about the condition of the apartment and they acted irresponsibly. They could have asked the onsite **'s (they also knew about its condition) to approach me and ask me when would be a good time to make the necessary repairs and treat the unit, but they never set up a schedule, nor did the owners ask me. There's no excuse that would justify them in not fulfilling their obligatory duties by not making these essential repairs since the unit was not furnished due to the infestation. Incidentally, I had to rest on the carpet due to this fact. No one should have to dwell in an apartment under these horrid conditions.  

   

  Customer response

  10/21/2021

  I wanted to add to my complaint about pertinent information in regards to Forest Green's response.

  I believe *****************, the property director, responds that, " ***** believed us to be within our rights to withhold ********************** security..."  I contacted the ***** and their response was, "We do not take either side of the dispute. Only a court of law can make a legal decision about who is correct when facts are disputed. We simply gathered information via mediation, with the goal of a written response for your records and for our information. As there was no agreement reached between you and Forest Green Realty and Management, I have recorded your complaint in our computer database. It will be included in information provided to consumers who inquire about the business for a three-year period." 

  
  

  As you can see, **** is clearly being dishonest. She is lying. I believe what is going on here is a new type of irresponsible landlords. They look for a million reasons to keep tenants' deposits, and they found an illegitimate excuse to keep mine. I would appreciate it if you could add this to my response. Thank you.

  
  

  Sioncerely,

  
  

  ***********************

  

  Business response

  10/29/2021

  Dear ****************,

  In regards to ********************** claim that Forest Green Realty & Management received 12 boxes of files, that is not correct.  The current ownership group purchased the property in 2019 I believe.  It is very possible that the ownership group received 12 boxes when they purchased the property, however, they had a different management company at that time.  Forest Green Realty & Management did not start managing this community until July 1, 2020 and we were only provided copies of current leases.  We were never provided boxes as ****************** claims.  

  Below are responses to ********************** questions:

  1. Unfortunately I cannot speak on behalf of the owners.  Forest Green did not personally conduct the inspections.  Upon inspections, the owners were only inspecting for major defects as they are in the process of rehabbing units.  The purpose of the inspections was to choose which units would be next on the list of rehabs.  They were not inspecting every square inch of the unit as tenant's were living there at the time and had their personal belongings in the unit.  When move out inspections are completed, the leasing agent conducts a thorough inspection which is when the bed bugs were discovered.

  2. Again, I cannot speak on behalf of the owners that conducted the inspections.  If any  items need attention, it is the tenant's responsibility to contact Forest Green and report it to us directly so we can schedule maintenance.  

  3. A bed bug inspection of ********************** unit was completed in February, 2021 by Batzner Pest Management.  I have documentation from Batzner that states the following per their report; Visual inspection only due to tenant reports self-treating as preventative measures.  Visual inspection of key harborage areas found no signs of bed bug activity today.  Tenant reports no bed bug activity today.  ****************** never contacted us after February, 2021 to report that his unit was infested with bed bugs.  It was only discovered upon his final move out inspection.  

  4. If ****************** believed that the walls should have been treated and re-painted he should have contacted us to make a maintenance request.  ****************** never reported stained walls during our management.  

  5. If ****************** believed that the carpets should have been treated or cleaned he should have contacted us to make a maintenance request.  ****************** never contacted us to make this request during our management.

  6. Forest Green began managing the community on July 1, 2020.  I cannot comment on anything that occurred prior to our involvement so I cannot speak on what occurred two years ago.

  When ****************** submitted his notice to vacate the premises, he insinuated that he would consider moving back to the community should he need a place of tenancy in the future.  In his written notice, he stated that the only thing in the unit that is in bad shape is the carpet.  If the unit was in uninhabitable condition, I can only assume he would have mentioned that in his notice to vacate and not consider moving back to the community in the future. 

  I also have a written email from the ***** which states no violations have been brought to our attention.  If in fact Forest Green was in violation of any statues the ***** would have certainly addressed that with us and demanded that we return ********************** security deposit.

  In closing, please know that we offered to split the cost of treatment with ****************** and refund him an additional $187.50 to which ****************** declined.

  Thank you for your time in this matter.

  *******************

  Director of Residential Management

  Forest Green Realty & Management

   

  Customer response

  11/10/2021

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  
  I recently heard back from the ***** and they confirmed that they were not sure as to what she was referring to in regards to no violations were brought to their attention. ************ received two letters. The first letter had to do with the nature of my complaint. The second letter had to do with the suggestion that they may have violated the provisions of the Wis.Admin. Code. They also confirmed that they are a neutral, impartial organization that serves to mediate a dispute between two parties.They are much like the BBB; the only difference is that arbitration is offered as a finality to a dispute. ************ seems to say that the ***** sided with them in this dispute; partiality is clearly not the position they take in resolving these matters. Consequently, for *********** to try to indicate partiality would not be true as this would be a dereliction of duty by part of the *****, which would incur penalties on their behalf.
  
  
  *********** claims that no violations were brought to the attention of the *****.Please refer to the ********* State Legislature as to what responsibilities a landlord is to adhere to. I will include the statute and URL for your convenience: ****** Repairs; untenantability.https://docs.legis.*********.gov/statutes/statutes/704/07The ceiling in the bathroom was coming down, the carpeting was badly stained and contaminated so were the walls, all to which the landlords saw but did not address or make mention of these issues. As a result, it can easily be concluded that the apartment in question was not habitable; therefore, the determination can be made that the landlords and Forest Green were negligent in not making the proper repairs. The term negligent,as defined by the law can be found in Blacks Law Dictionary (Blacks Law Dictionary, Abridged 6th edition,1991) and is defined as: inadvertence and inattention. Furthermore, I believe there was also a violation of the indicated provisions of Wis. Admin. Code, ch. ATOP 134, which states that no landlord may intentionally misrepresent of falsify any claim against a security deposit. In my case, *********** is giving a false account on the allegation that I brought in bed bugs into the building which is clearly not true. Based on the condition of the unit I believe that the violations follow these statutes clearly.
  
  
  When I stated that I would consider moving back, I was figuratively speaking, in other words, it should have been interpreted as a common courtesy, since they wrote me a letter stating that I was good tenant. I was of good moral conduct, even when they hired a lawyer against me who said heinous things to me for an issue regarding late rent as a result of COVID. I would never rent from a real estate corporation that has falsely accused me of something I did not do.
  
  
  In regards to the boxes of files, the owners knew the issues concerning the building when they purchased it. If ************ didnt have access to those files she would just have needed to communicate with the landlords and ask them what those issues were regarding the property.
  
  
  In response to question 1: ************ mentions that not every square inch can be covered by the landlords. There were stains on the walls from the infestation, the ceiling in the bathroom was coming down, the carpet was stained. These are major tangible defects that can easily be observed with the naked eye like the leasing agent was able to do with just one visit.
  
  
  As for question #2 and 3: again, the owners knew the issues regarding the building and did nothing about my unit when I was there. Batzner *************** found no activity of bed bugs, regardless of the condition of the walls and carpet but the leasing agent did? How is it that the leasing agent was able to find activity of bed bugs? On the Move-in Inventory & Condition Form of section MISC the leasing agent wrote, Bed bug issues, determining that the unit had an active infestation. Batzner didnt conduct a comprehensive visual inspection of the unit. Being that they specialize in pest control they should be aware that larva could still be in critical areas.
  
  As for question #4, 5 and 6: any landlord that conducts visual inspections of their own property and sees major problems but doesnt address them constitutes negligence as defined in Blacks Law Dictionary.
  
  
  Finally,the onsite GMs never made any courtesy calls of any kind to inquire about how tenants were doing in the units. I would like to pose a question to ************. Why are you only offering a partial return of my deposit if you feel that I am responsible for the infestation?

  I just received an email in regards to the email that ************* states that she received from the ***** where she says that no violations were brought to their attention. What the ***** meant was that the violations were brought to their attention by me. *********** also leaves out that in the email the ***** stated that "no new violations" were brought to their attention. So, *********** is misrepresenting what the ***** said and the fact that they made no determination, of which ************ indicates the contrary that they determined that there were no violations. This was not a decision that they arrived at. They took no sides in this matter. 

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

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