• Report: #992577

Complaint Review: Bradley D Williams

  • Submitted: Mon, January 07, 2013
  • Updated: Mon, January 07, 2013

  • Reported By: ApartmentApplicant — Nashville Tennessee United States of America
Bradley D Williams
PO Box 40934 Nashville, Tennessee United States of America

Bradley D Williams Brad Williams Unjustified Retention of First Two Weeks Rent After Rejecting Tenant Application Nashville, Tennessee

*REBUTTAL Individual responds: Deposit Dispute

*Author of original report: Reply

*Consumer Comment: You didn't actually have a signed lease with the landlord, did you?

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  My first appointment at 109 Lauderdale Road Unit B, Nashville, TN, 37205, was with the property manager, Brad Williams. Together we looked around the unit. (~ 11/15/11 or 11/14/11).  I asked Mr. Williams if he would be willing to rent the apartment to me mid-December explaining that I had to give a one month notice to my current apartment complex and would like to mitigate the expense of paying for two places at the same time.  Mr. Williams expressed that he was not amenable to that and that his apartment needed to be rented at the beginning of December.  He also explained that he requires applicants to provide one-half months rent with their rental application as earnest money.  He assured me that if he rejects an applicant, he always returns the money.    
Despite Mr. Williams being unwilling to rent to me starting mid-December, I submitted an application with $600 for first two weeks rent (11/17).

        Brad Williams calls me (11/18) to tell me he contacted my current apartment leasing office and they told him I had a 3 year lease (mistake of the leasing office).  I tell him that the information is incorrect and I would be happy to call them have them correct their mistake.  I specifically ask Mr. Williams if he could call me after he hears from the leasing office, just to make sure he received the correct information.  He replies that, yes, he would definitely do that.  After waiting several hours to hear back from him, I call to find out whether or not he ever received the corrected information; he replies on the phone that he did.  I said Oh, I was waiting to hear from you to which he does not respond, but then goes on to email me the deposit receipt and a copy of a rental agreement. (11/18)

        I write him on 11/26 to tell him I need the meter number or name of his current tenant to get the electricity transferred.  He text messages me back in response: My tenants name is XXX XXXXX  - Brad.  This is the first communication we have via text message.  I text him back Thank you.  After a couple minutes, Brad then actually calls me to tell me that he text messaged me.  Confused, I respond that I had gotten his text and told him that I had actually texted him back.  (11/26).

        The following week, Brad gave me the option to obtain an email scan of the lease, and I said I could have my banker pay him directly on (12/1). He said the next day was fine, and the following day he texts me asking when he could expect payment. I text him back explaining that I wouldnt be able to pay until the following Monday.  At that point he asked me to call him, however I had a bad transmission on my car and needed to get that taken care of before I could drive to meet him.
   
    He texts me saying that Im making him nervous and asks whether he can meet me. I text him back, explaining that I didnt know how to respond to his concerns, but that I would bring him the documents and $ on (12/5).

        When I write him on Monday [12/5/2011] to apologize for not being able to meet and to arrange a time/place for me to bring him the money and the signed lease, he writes me back telling me to call him.

        I call to apologize for not being able to meet him the previous week. Mr. Williams pauses and then asks me to consult my deposit receipt.  I reply Ok. And after another long pause on the phone he says I have decided not to rent to you but he does not explain why. His only response is that He likes things to go a certain way.   I ask him if he is returning my money.  He replies that he is not returning my first half month's rent but does not provide a reason for retaining it. When I asked him directly why my being delayed was a problem when he had the first two weeks rent from me, he does not answer my question but goes on to say that he chose me from a pool of applicants.  I didn't understand the response knowing that landlords pick tenants based on a number of factors centered mainly on reliability of monthly payment, yet Mr. Williams was characterizing his choice to rent to me as some kind of privilege he was bestowing on me while avoiding my direct question.  He then says, "If I could give you some advice as a landlord...," at which time I ended the conversation seeing it was unproductive because Mr. Williams was not responding to my direct questions.

As it turns out, Mr. Williams decided not to rent to me on Friday (12/2) itself, and re-posted the craigslist ad for this apartment on Friday itself after our text conversation.  He did not inform me that he made this decision.  I was left to find out after contacting him the following monday.  If he had informed me of his decision to not rent to me when he made that decision, I would have had the entire weekend to make efforts to rearrange my plans and cancel the utilities activation.  It is unclear to me why he chose to surprise me with this information when I wrote him on the following Monday.    

        As of December 1st, he had $600 for my ?rst two weeks of rent, and I had
all utilities scheduled for activation along with electricity already active at
the unit.  I had not signed any document with Mr. Williams aside from my rental application.  


        I believe that I showed clear intent to rent with a short delay in meeting the landlord.  

The reasons he gives for retaining my earnest money deposit are:

1.)   It takes up to a month to rent a place;
2.)   He needs to retain the money to offset the costs of his decision to not rent to someone in December
3.)   We are both out $600 and in his words, We have to agree to disagree;
4.)   He said that there are consequences to my actions.

        Additionally, he falsely advertised on his craigslist ad that there was a W/D included. When I arrived at the unit and asked about the W/D, however, he said there was a set downstairs but it didnt work and that the current tenant was taking the working set with him.  He relayed this information to me walking up the stairs from the basement before glaring at me and angrily stating that I hadnt even seen the bedrooms yet as I had ended up seeing the basement first as the door was ajar and I had asked him if I could see the basement.  I wasnt sure how to interpret this beyond the possibility that Mr. Williams was bothered that I didnt see the rooms in the order which he wanted them to be seen in.

        In an email exchange following our phone conversation (12/5) when I state to Mr. Williams that the deposit receipt says that the first two weeks rent is only forfeit if the tenant decides not to rent and in this case, since he as the landlord is deciding not to rent to me, under the specifications of the receipt, my money must be returned. Mr. Williams does not respond to my pointing out this fact; instead, he goes on to alternate between the reasons stated above as why he is retaining the deposit.

        After looking at the deposit receipt again, I realized that it only has his signature on it.  Mr. Williams continuously referred to this deposit receipt as a contract saying I did not honor it.  However, what he refers to as a contract is only a receipt with only his signature on it that only proves that he has my first two weeks of rent that I included with my rental application.  At this point I had only signed a rental application.  Mr. Williams decided not to rent to other applicants and returned the money they appended to their applications.  But even though Mr. Williams is now rejecting my application, he is not returning my first two weeks of rent.
       
        An email request for Mr. Williams to please send a scanned copy of my signed rental application went unanswered.

        My confusion lays in the fact that the landlord did not make the apartment available to other renters, yet he cites the vacant apartment and lack of rental income for the month of December, 2011, as reasons why he is being unreasonably inconvenienced.  My position is that Mrs. Williams made the decision not to rent to me after I made it clear that I was willing and able to rent from him; indeed, I took initial steps to finalize the move with Mr. Williams knowledge and approval. I believe it stands to reason that when a landlord makes a decision that deprives him/her of a renter, then s/he must absorb the financial burden themselves. In this case, Mr. Williams felt that burden belonged to me, which I contest.

This report was posted on Ripoff Report on 01/07/2013 06:44 AM and is a permanent record located here: http://www.ripoffreport.com/r/Bradley-D-Williams/Nashville-Tennessee-37204/Bradley-D-Williams-Brad-Williams-Unjustified-Retention-of-First-Two-Weeks-Rent-After-Rejec-992577. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
1Author 1Consumer 1Employee/Owner
Updates & Rebuttals

#1 REBUTTAL Individual responds

Deposit Dispute

AUTHOR: Brad Williams - ()

Mr. Neil Kutty has a very selective memory and refuses to accept the consequences of his own actions despite being warned clearly in the Deposit Receipt I gave him and several times verbally.  Mr. Kutty doesn't understand or doesn't want to accept that my policies are necessary in doing business and that time is of the essence in most business transactions.  I only recently found Mr. Kutty's remarks on this site - remarks he made earlier this year about an event that occurred in December 2011.  Nonetheless, I feel it necessary to rebut some of the inaccuracies in Mr. Kutty's version of events:

It is my distinct recollection that Mr. Kutty went incommunicato near the end of November and thru the 5th of December with exception of one text message.  He was not returning my repeated phone calls, emails, and text messages about setting up a time to sign the lease and collect payment by December 1st.  I do remember him finally texting something about needing until the following Monday and 5 days into the month sounds about right.  But Mr. Kutty refused to speak to me directly on the phone.  

In his text message, he tells me something about his car breaking down and that he needed to buy a new one, so that he did not have the money to pay me for a while.  He refused to meet with me and stopped responding again.  From his only text message and the content of it, I had to assume that Mr. Kutty's situation had changed and that I would never hear from him again.  I had to take immediate action to mitigate my financial damages as a result of Mr. Kutty not signing a lease and paying the rest of December's rent by December 1st as required and clearly noted on his Deposit Receipt.

It does in fact take up to 30-days to line up a tenant for an apartment.  Most responsible tenants have to give 30-days written notice to their current landlords.  Mr. Kutty put down his deposit around the first of November.  I remember there being a lot of interested applicants there at the showing.  Mr. Kutty was the first applicant, therefore I gave him the first opportunity.  I ask for half of one month's rent with the application to protect me if the applicant waits until the last moment and changes his mind - leaving me with an empty apartment and no renter.  

In this case, I readvertised the apartment around the 3rd and took an application from a young couple who moved in January 1st.  I had to absorb the loss of $600 because of the risk I took with Mr. Kutty.  When Mr. Kutty did contact me again on the 5th, I told him that he had breached the agreement on the Deposit Receipt and that I had to find another tenant at that point.  He could no longer rent the apartment because I had promised it to another couple.  The $600 deposit Mr. Kutty gave me reserved the apartment only until December 1st. 2011.  It clearly states that if he does not rent the apartment by that date, the deposit becomes NON-REFUNDABLE.  

I also take offense with his allegation of false advertisement:  A new Washer/Dryer unit was in fact included with the apartment.  There were two sets in the basement. One did not work and the other was the tenant's.  I clearly told him that I would be providing a new Washer/Dryer set.  He clearly misunderstood me or is attempting to slander me.  Mr. Kutty is also confused about me not making the apartment available to other renters.  He contradicts himself on this matter because he noted that I readvertised the unit on the 3rd. If Mr. Kutty truly believed that he deserved a refund, he should have sued me for it.  But he knows that he was in the wrong and is making matters worse by attempting to slander my good name. 

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#2 Author of original report

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AUTHOR: ApartmentApplicant - (United States of America)

Reply @ MovingForward - Palm Beach Gardens (USA)

My contention is not with the landlord deciding not to rent to me, he is free to rent or not rent to whomever he decides to.  

I contest that when he decided not to rent to me, he did not inform me and he refuses to return my first two weeks rent earnest money I appended to my application.

The only document with my signature on it is a rental application.  The same one that every other applicant filled and signed along with their first two weeks rent which the landlord returned when he decided not to rent to them.

The only other document between us is a receipt for the earnest money deposit that only has the landlord's signature on it as proof that he possesses the money. 
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#3 Consumer Comment

You didn't actually have a signed lease with the landlord, did you?

AUTHOR: MovingForward - (USA)

From your post, you were going to rent it from Mid-December, but the landlord wanted the lease to start Dec 1st. He expected you to have the signed lease back to him by your original date and when you texted him that you were not able to do anything until Dec 5th he asked you to call him. It is clear that you didn't have a lease signed with the landlord so he rented the property to someone else.

 

Now, if you had a signed lease with both your signature and his signature and both of you had copies of it, than that is a different thing. It sounds like you never delivered your copy of the signed lease to the landlord. Did you sign anything regarding the deposit? What did the application say about the deposit?

As to the landlord changing his mind about renting to you, he did the prudent thing. You missed your date to return the signed lease and payment. He is looking for someone to be responsible with the rental payments and if you missed the original date what is to say that you won't have other excuses for not paying on time during the course of the lease. He can only go by your past history and his experience with you.



In the future, if you don't really like the place like you state in the last half of your report, then don't make arrangements to rent it. If you do like it and you make arrangements to sign a lease (contract) then stick to your arrangements. A landlord is looking for someone that will follow through with their verbal and written agreements.

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