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Thank you for continuing to read on... This may seem lengthy but remember if you move in to SouthView Gables this may be what you have to look forward to. So please read on.
Basically in December of 2008 Southview Gables, after renewing my lease 2 times said there was an accounting error and that I did not pay rent in August 2007. Trust me I would have know if I had not paid rent one month. This turned into a legal battle with southview Gables and their mismanagement& unprofessionalism shined through all the way. Not once did they try to work with me, they just accused me want wanted extra money. Now I may not have been the best tenant in the past 3 years but I know I was not the worse. I have always tried to pay my rent on time and be courteous to my neighbors and Southveiw Gables staff. Yes there was times my Rent was late and I always paid the rent plus their outrageous late fees when needed with out a complaint.
Below is a timeline of events leading up to the letter I received on 1/26/2009 If you are even thinking of moving there or know someone that is thinking of it.
March, 2006
I moved into Southveiw Gables
December 9th 2008
I received an e-mail from Melissa Bernatz the current Southview Gables Manager. This e-mail stated in short that due to an accounting error they just realized that they had not received a rent payment from me for August, 2007 and that they would like to get this cleared up by the end of the year.
I was in shock... on December 10th, 2008 Had meeting with Melissa & Kristen Clark (the assistant manager) to discuss the August 2007 Payment. at that time I explained what I had remembered about that months rent and said I would have to look through my records to see what I had from then. At that time Melissa said that she understood this was unexpected and last minute and that if need be we could set up a payment arrangement. I stated that if in fact I owed the money I would need a payment arrangement.
In the following days Melissa and had kept in touch however she left on maternity leave and this matter was passed on to Kristin, the assistant manager.
December 19th 2008
Received the following e-mail from Kristin Clark (Southview Gables Assistant Manger)
Good morning William
Our corporate office will be making an adjustment to your ledger to reflect that this balance is still outstanding and this amount will need to be paid in full prior to 12/22/08. Unfortunately, this amount is due immediately and failure to remit payment as such will result in eviction proceedings and legal fees being charged to your ledger. I am still waiting to hear back from our corporate about any late fees that may also be due. Also, I have found out that we cannot make payment arrangements for this. Please contact the office if you have any questions.
Sincerely,
Kristin Clark
Assistant Manager
Southview Gables
(651)455-3714 phone
(651)455-2637 fax
December 22nd 2008
I checked my e-mail and received this letter and responded with the flowing:
Kristin, I just now on (Monday 12/22/08 at 1:30am) got this message, I think it would have been of great importance to contact me over the phone about this matter, not just e-mail. We obviously need to have a conversation about this. I will be at work Today un till about 6pm I know you leave around 4:30 as I tried to call you around that time on friday to discuss the following.
I was calling to inform you that I no longer have any of the money order receipts from 2007 therefore having no proof other then a "Minnesota Certificate of Rent Paid 2007" from signed by Melissa Bernatz and that I was also sure this matter was settled at the time in question of 2007 even with that I was going to agree to pay the amount via the payment plan that Melissa promised and even offered to me. I was going to offer this because I had none of my money order receipts for proof of payment. May I ask what happened to the the payment plan that Melissa offered?
I will be sure to check this e-mail account today while at work anticipating your response and will also give you call during my lunch break( somewhere between 12:30 & 1:30pm).
Thank You.
Sorry, I forgot to ask about this as well… You mentioned the possibility of late fees… with that said, how am to make this payment in full by today when I don't even have a total that needs to be paid. I am aware of the initial $825 but have not been told about late fees therefore I can not pay the amount in full as I have not been informed as to what that amount is.
Her response was this:
I was able to get an answer from our corporate office about late fees. Since, we just learned of this, there will be no prior late fee accrual. Any late fees due on the original amount of $825.00 will start accruing on 12/23/08, the initial late fee of $50.00 will be charged on 12/23/08 and an additional $5.00 each day thereafter. In regards to the payment plan option and the direction to start eviction proceedings that was direction given to me again by our corporate office.
Please accept my apologies for not having called you concerning this matter, as well as sending the email. I am typically in the office until 4:00 each afternoon, so please give me a call when you receive this email. I also left you a message at the number you gave on Friday when you called.
Thanks,
Kristin Clark
Assistant Manager
Southview Gables
(651)455-3714 phone
(651)455-2637 fax
With those e-mail correspondence we were unable to reach each other by phone.
12/24/2008
I then stopped into the office, however unbeknown to me the office closed early on Christmas eve so I didn't get the opportunity to talk to anyone.
12/26/2008
I Spoke in person with Kristen to discuss issue and she then told me that all decisions were coming from her regional manager, I then told her I would like to speak to the regional manager at that time then e-mailed her regional manager informing her to contact me as to get this resolved. Kristen stated I will be contacted by her or her manager on Monday 12/29/08
She also towards the end of the meeting started getting an attitude with me about this and Threatened the Eviction Action again. I then informed her That I have a Certificate of Rent Paid for 2007 and that they have signed 2 leases sense the payment in question and that if she wants to file Eviction on me go ahead but I will show up in court and fight for my rights.
12/29/2008
Called Kristin at 3:30 after receiving no call from her or her Manager. She then informed me that her manager was on PTO till Friday the 2nd and she should contact me then. Also asked about January Rent and She stated she was going to look into it and get back to me but figured it would have to go into escrow as to avoid late fees for Jan 2009. Never heard back from her after that.
1/2/2009
Put January Rent in escrow with an escrow hearing scheduled for 1/16/2009. Spoke in person with Kristin about the Escrow and we then discussed the Disputed August 2007 rent once again and talked about the possibility of setting a payment arraignment. She said she would speak with her manager and either her or her manager would get back to me.
1/5/2009
Called and left message for Kristin to call me back, Person that answered phone asked if I was calling about speaking to her manager. I said yes she said that she knew the manager was in meetings all day and I should be hearing from her either later that day or the day after.
1/6/2009
After no phone call from the regional manager I Left message for Kristin to call me (no call back)
1/8/2009
Called Kristin at 8:45 am left message, Called Kristen at 12:30 pm to ask about the status of everything.
She said her hands are tied because of the Hearing from the rent escrow. And we could move no further till after the hearing on the 16th.
This made no sense to me as the but I figured if they want to go to a rent escrow hearing about this fine. Now I had to take a day off of work, don't know how that will help my ability to pay this.
1/16/2008
I Showed up at 9am for the Court Hearing, Kristen was late because she went to the West Saint Paul Court House and not the Hastings Court House (This is the person in trusted to run a apartment complex)
The Judge called out case and asked if we had come to an agreement I said "No we have not." and explained to the judge that Southview Gables is refusing to discuss this matter with my until the outcome of this case. The Judge then asked us if we could come to and agreement there today and Kristen replied: "I don't have the authority to make any desicsions regarding this" and that she could not do anything unless corporate tells her to. (My thought was, why is corporate not here then? Sounds like she is just a puppet and corporate doesn't think she is smart enough on her own to make any decisions. Could be true but who am I to judge.) So anyway the judge said this will be on hold pending a trial on 1-30-2009 and that I had the Bourdon of proving I paid my August 2007 Rent.
1/30/2009
I took another day off work to appear in court. Kristen once again was late because she could not find the correct court room (Even though all the cases and court rooms are posted in the entry of the court house.). So we both presented our case and I showed the judge my State of Minnesota Certificate of Rent Paid, that I had mentioned above. that shows the amount paid in 2007 and I explained to the judge that I didn't see the need after receiving the CRP to have to keep any receipts. The day in Court ended with the Judge saying she will be making her ruling and informing us of her decision.
2/4/2009
Took a long lunch and placed February 2009 rent into the escrow account at the courthouse.
2/16/2009
Received a phone call from Briana a Southview Gables Staff member. She was calling because they never received any information or proof that I put February rent into escrow. I then faxed her a copy of my receipt and called to make sure she received it.
She then put me on hold and the lovely Kristen picked up the line. She had the never to say that yes she can see that I added the February rent into escrow but was wondering why I didn't put any extra in to cover the August 2007 rent. I said that we are waiting to hear what the judge says. She then told me would show good faith for when I lost that I was willing to pay it... after a few more words I told her I thought it would be best if we did not continue this conversation.
This was the last we spoke.
2/26/2009 (Same Date of Letter telling me they would not renew lease.)
Received Court Order in Mail stating that I met my Burden of Proof. Proving in fact I did pay my rent in August 2007. (Now that I proved that I paid my rent Southview Gables wants me to move out because i have paid my rent. Does not make sense to me.)
2/28/2009
Paid my March 2009 rent in Office and got receipt. Also sent the following e-mail.
Melissa and Kristen, I just wanted to inform you that I just dropped off my March 2009 rent to the office. I have also attached a copy of the receipt I received from the office and a copy of the court order stating that I met my burden of proof backing up my claim that my rent is paid in full. I am attaching the court order due to the lack of communication from you as I am assuming you have yet to receive it. If you have not received it I would recommend contacting the Dakota County Court Office and informing them of this.
Also on another note if possible every month from here on out I will be dropping my rent off in person and asking for a receipt and following up with you both via e-mailing, a copy of the said receipt in order to help Southview Gables avoid any further accounting errors on my account.
Furthermore, I would like to request an updated account ledger from you as soon as any and all adjustments are made.
Thank you for you time.
3/3/2009
Sent the following e-mail to Melissa about the non renewal of my lease.
Melissa, glad to see you are back to work. I hope the birth of your child went well.
Now for the reason I am writing. I had received the notice from you stating that Southview Gables will not be renewing my lease. This came to somewhat of a surprise as I have lived here 3 years, 3 years today as a matter of fact. I am saddened that you have come to this decision. as I have made my apartment a home. I am hoping that I can convince you to change your mind as I really would like to continue to live here. Also my I inquire as to why Southview Gables has decided not to renew?
Hope all is well
Thank you.
3/4/2009
Received updated account ledger from Kristen. and the Following e-mail from Melissa
The decision to non-renew your lease has been made and will not be altered.
Melissa Bernatz
Community Manager
Southview Gables
4930 Ashley Lane
Inver Grove Heights, MN 55077
651-455-3714
www.dominiumapartments.com
3/5/2009
Responded to Melissa with the following e-mail
Melissa, that is very unfortunate. However I would urge you to reconsider. As a Apartment Manager in the state of Minnesota I am sure you are aware of Minnesota Statute 504b.441. If not let me inform you of it.
RETALIATION
A landlord may not evict a tenant or end a tenancy in retaliation for the tenant’s “good faith” attempt to enforce the tenant’s rights. Nor can a landlord respond to such an attempt by raising the tenant’s rent, cutting services, or otherwise adversely changing the rental terms. For instance, if a tenant has reported the landlord to a governmental agency for violating health, safety, housing, or building codes, the landlord cannot try to “get even” by evicting the tenant.
If, within 90 days of a tenant’s action, the landlord starts an eviction action or gives the tenant a notice to vacate, the law presumes that the landlord is retaliating. It will then be up to the landlord to prove the eviction is not retaliatory. However, if the landlord’s notice to vacate comes more than 90 days after a tenant exercises the tenant’s rights, it will be up to the tenant to prove the eviction is retaliatory. These provisions apply even to oral rental agreements.
Some Prohibited retaliatory acts are as follows.
Terminating a tenancy
Giving notice preventing the renewal of a lease
Constructively evict a tenant by reducing heat, water or electricity.
Now you may think our recent rental dispute was not a "Tenant Action" However because it was a Rent Escrow case this is considered a"tenant action" in the state of Minnesota.
I would recommend contacting your legal department for their thoughts on this matter.
If you could acknowledge that you received this e-mail it would be greatly appreciated.
Thank You.
She Responded with the following on the same day.
I have received your email and forwarded it onto my regional manager.
Melissa Bernatz
Community Manager
Southview Gables
4930 Ashley Lane
Inver Grove Heights, MN 55077
651-455-3714
www.dominiumapartments.com
7-1-2009
I moved out of Southview Gables, about a month before I put up this site, I am sure they are aware of it as on my check out Melissa was very nice and didn't even really look at my apartment and told me that it looked great and that I would get my full deposit back... About a week later I received the check at my new address. I have heard stories of people complaining about not receiving there deposit back at all or having to call many times to get a check.
I have also never pursued any court case about retaliation even though my Lawyer says I have a good case... I think this site is enough, I am receiving about 10 hits here a day and am at the top of google search ranking so I guess I got the last word.
Please take this site to heart. Do not move here under any means, sense I have posted this site I have received many people e-mailing me with similar sotries. Glad to know I am not the only one and I am sorry that I will not be the last.
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