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My water bill went from being around $7 a month (actual usage) to almost $30 (calculated, so they say...im calling BS)...I am almost afraid to look at ANY apartment for fear of MBS fetching them up. Is it possible to request an addendum to my next lease that states if MBS purchases the property, I have an out.
Documents at the corporate office were NOT completely destroyed. Corporate office employees have gone back to the office (that is on the 19th floor) in Metairie to retreive personal belongings. They CAN get to info - they just tell you they cannot. CALL the cell numbers of the people listed - you'll get NO response otherwise.
I am about ready to setup a website smear campaign against MBS.
I've got a forum that will be up later tonight, but it's not a smear campaign...just a place for people to document their experiences and then message with others about it. Sorry to anyone who has posted already (like bg), but I didn't know it was live yet!
smuckoff.com
Wow - Just WOW! I can't believe this. I too lived at Amli at Walnut Creek now known as The Park at Walnut Creek. I moved out about a week or two after MBS bought it.
I have over $500 in deposits tied up with these guys. I was actually told my deposit would take 30-60 days to arrive. I found out what the law stated and paid a visit about day 45 or so. Well they tried to blame previous management and hurricane Katrina which hit AFTER the 30 days. I've stopped by the office numerous times. I've tried to contact the corporate office but only got through once. I have sent two faxes from the Amli office to their corporate office as well.
I moved out around July 10th or so. It's now been almost four months and I haven't received anything. I'm not the suing type but this is absolutely ridiculous. I was told they would send my deposit but it could take up to a month. Being the nice person I am, I agreed. Well here it is ages later and still nothing. I'm done being nice!
I don't know how to file in small claims court but I'm about to learn. Maybe I'll get an attorney and have MBS pick up the bill since this is a hands down winning case.
Anyone else that wants to talk please write me. My yahoo email is cosmicdust1.
*edit*
I also filed a complaint with the Texas Attorney General's office. If they get enough, maybe they'll look into bringing these guys to justice.
http://www.oag.state.tx.us/
Hi Elation,
I'll let you know how my suit goes!
Please document your experience under "The Parks at Walnut Creek" at http://www.smuckoff.com .
Thanks so much. I want that site to serve as a repository of atrocities if I can ever get to a point where such information would be useful.
Thanks
Simply unbelievable. And here I thought we were the only complex that had such issues. I recently took ol' Mike Smuck to court and won a judgment in my favor 10/4/05. Long long story. Needless to say I am looking to file a writ of execution in the next day or so. I'm with you guys; I would like nothing more than to see this guy go down.
As it stands now, I still live in an MBS managed complex and badly want to move out. Things seem to get worse by the day.
Help.
:?
I just printed out a certified letter to send to these people. One question. Who do I send it to? My former apartment complex or the home office?
I sent mine to Smuck himself. Since he is ultimately responsible the letter needs to be addressed to him, esp if you plan to take him and the company to court.
I am no lawyer... just had to learn the process on my own.
Sonic knows what's up. Send the letter to MBS Companies, attn: THE MAN HIMSELF.
Congrats on your judgement, Sonic. Please keep us updated on your story here and at Smuckoff. I hope to add my success story to yours! I just got my case number today and they are attempting to serve him by certified mail. How did they serve him for you and what was the process like?
Thanks
I'm sure you're already familiar with this. I would just re-read it and see some of things you could be entitled to. You might be able to just get up and leave!Quote:
Quoting sonicjam
I think it's best to have a constable or sheriff serve the papers. I was able to find a constable to serve him in the area for about 30 bucks or so. I've noticed contact info isn't allowed in the forum so PM me if you'd like more info.
Seriously. This place has been a thorn in my side since day one.
Though the judgment isn't big, it was more about principal than the money. I'd like to hit them where it hurts though. More people should revolt. :wink:
I'm here to help anyway I can.
Thanks: I read in detail. About the only thing I fall under is security and lighting. We were without lighting for months it seems. People were mugged, cars jacked. Lately the cops have made trips more frequently.
The lighting has since been fixed but took weeks and that’s with an ungodly number of complaints I'm sure.
Of course, money is an issue too. I've recently started a biz and it’s tough to say the least.
One day soon. All I can do is look to it...
Thank you. And as stated above - grats.Quote:
Quoting sonicjam
I absolutely agree. Even though I thought I had arranged it prior, the JP in the Austin county went ahead and did certified. The intent was to have them send it to Houston for constable service, but since I didn't state a particular constable, they did certified without a second thought. I imagine it was sent 'restricted delivery', which is of course hopeless if Smuck lives in lala land. I'll see what the response is this week and go from there.Quote:
Quoting sonicjam
By the way, did your constable actually serve Smuck or did he attempt 3 times and then leave it with someone?
Regarding the property code, I'm not sure if all the stuff about the repairs has replaced the "constructive eviction" course of action, but you might google it if you haven't already.
Best wishes in your business and thanks for your help!
I believe the constable simply left it with his wife or daughter. The confirmation papers did not state he attempted more than once.
You are sending the serve papers to the corp office in Metarire, LA right?
Besides... I'm sure they have a written procedure: "In case of Constable/Sheriff..."
Thanks! I'm doing my best. I have a place to live and food to eat so I guess I'm doing something right. :D
Good luck to us all!
From what I understand, his offices are located in Houston at this time (In the Westchase area). That's where I've been sending my mail and where it's been getting received. People answer the phones there too. I was looking for a contact for serving him in the Houston area, but I imagine I'll figure out what needs to be done pretty soon. :P
Thanks much!
I live in a MBS property. I have been here for 7 months and have had a leaky roof ever since I moved in. Had brand new furniture when I moved in. Water leaked all over my couch. Wish I could get out of my lease. Any ideas?
***INTERESTING***
I am currently having an e-mail discussion with a woman who claims that she works for Michael Smuck. She is extremely upset about my website and nothing's even been posted there yet. In fact, myself and sonicjam are the only registered users!
I would like to ask others who have posted in this thread to please take a few minutes to copy and paste their situations over at smuckoff.com as well, so that we can create a repository of all MBS tenant incidents. Simply choose the apartment complex you live at (or did live at) and post a new thread!
I see this as a chance for us to use the power of our numbers to at least get the word out about Michael Smuck and MBS. Michael Smuck's business philosophy works on volume, so lets make our sheer numbers stand out as well!
Thanks
smuckoff.com
I would love to hear from anyone who has had problems with MBS Mangement. I too have the unfortionate problems with this company since I moved to The Villages of Sage Creek in Austin, TX in August 2005. I saw the warning signs before moving in, but I didn't take it seriously. Maybe it's a good thing that I am here now, because I like to hold this company accountable for their actions.
I have the capability to search previous renters from all properties and addresses. My goal is to accumulate previous tenants of MBS Management to inquire if they had received their deposit. Hoping there will be many, I will bring this case to legal representation and local and state law officials.
Someone will listen...
Also, it would be a greater benefit if I can get a hold of ex-employees to give their statement so it can be on record about the companiy's unethical practice and coruption.
[Contact info removed per author request.]
I appreciate everyones participation...
Hi Litigation Support,
I'm not sure how familiar you are with MBS, but hopefully I can save you a bunch of phone calls by informing you that it's pretty safe to say that no one has ever received their deposit back from Smuck unless they got a judgement and went on to do their writ of execution. The number of tenants that HAVE done this can probably be counted on one hand, maybe two.
Many landlords do look at non-return of deposits as icing on their investment cake and in Smuck's situation it SEEMS that his witholding of deposits is a systematic part of his business plan. Michael has something like 15,000 units in his possession. Assuming that each required only a paltry $200 security deposit, that's like what, $3,000,000 in his pocket? Having to pay out just 10 forced returns would leave him with (ignoring civil fees and tripling) oh, $2,998,000 ? Sounds like a smart move to me! :twisted:
Anyway, proving that his methods are systematic (and executed with malice of forethought) is what I personally believe will have the most impact in getting justice. Hard evidence to this effect would expose Smuck to actual JAILTIME, as 'conspiracy' is a criminal offense, not just a typical landlord tort. Getting employees to talk with you about inside information however, is probably next to impossible. (I would imagine that many tenants can't even get into the leasing office! Notice how they keep the door locked?) Even if you did manage to speak with an employee in a leasing office for example, they would most likely be too far removed from the heart of the operation to have any information of value. The man runs an extremely tight ship. What former employee would want to ruin such a wonderful reference anyway? ;)
As far as legal, state, local, etc, they're already up to their ears in their own messes with Smuck. There are liens, judgements, etc galore in public records throughout the state. You can do a search through the Houston Chronicle or Tampa Tribune and find some articles about the company as well. I'm under the impression that, provided with the proper proof, the Attorney General would be the man that one would eventually go about any investigation into Smuck and MBS, but I hear he's still pretty bogged down with Katrina and Rita messes at the moment.
I personally believe that getting the word out to other potential tenants is the best bet for the public good, but even a Chicken Ranch kind of expose wouldn't do anything to Smuck or MBS itself. Since many of his renters are on vouchers, his occupancy rates wouldn't be affected enough to concern him.
The man does indeed have his act together.
By the way, thanks a lot for your post on my website, but could you perhaps re-post with just your story and without the business reference?
Thanks very much!
My story is on www.smuckoff.com
I am hoping others will be using the website too.
Just to let you know I am very resource and when it comes to matters such as this. I use to run a Private Investigation Company in Houston. And I don't just talk, I do the walk too... Anyway, I ran a profile report on MBS management and they are having legal troubles across the board. Mostly with venders and other service providers.
What I am trying to do in the short-run is to have some of this illegal actvities be looked at by local auathorites... My long-run goal is to get law-makers look into this matter so that landlord/tenant laws be updated. Tenants need to be protected from abusive landlords such as, Michael B. Smuck.
Someone will listen and someone will be accountable...
Goodluck with your case, let me know if you need my assistance with reports, etc...
Very nice on the goals! I think the long-term is ambitious, but would be quite awesome if realized! :)
Just to let you know, I did remove the last few lines of your post over at smuckoff, as it isn't intended for any solicitation, even if accidental or whatever. Anyway, the content of your story remains untouched.
Thanks again so much for providing it for others to see!
I have lived in a MBS property for 7 months and have had a leaky roof since my first weekend. I had brand new furniture now my couch is stained from the roof leaking on it. What can I do.
I live in Steeple Crest Apts in Houston. I ahve had a living room roof that has leaked for the entire time I have been here. It leaks pretty bad. What can I do.
This is the letter im submitting to Indian Hollow, a MBS property:
========================
This letter serves as notice that we, xxxx and xxxx, decline renewal or the reinstatement of a lease with the Indian Hollow Apartments. As of November 20, 2005, apartment #xxx will be vacated and all appropriate collateral (keys, etc.) returned to the management. No attempts where made on Indian Hollow’s behalf to fulfill their obligations of a “make-ready”, or even basic yet mandatory maintenance for apartment #xxx, despite repeated requests to do so. Indian Hollow has acted in such a way as to be in violation of good business practice, common sense and certain safety ordinances.
Since no contract exists for the occupancy of this unit, attached to this notice are documents recording the terms of Indian Hollow’s malfeasance in breach of verbal and written contract by neglecting the agreed upon conditions of move in. Copies of this letter and the attached documents will be sent to the appropriate officials.
==========================
My story is pretty much same as everybody elses, except management is so inept they didnt bother to give us a contract for our lease!?
Well where shall I start? I moved to Mirada about 2.5 years ago and it was a fantastic place to live, then one day MBS moved in (queue black clouds). As soon as they took over Mirada things started to go downhill very fast.
One of the first incidents arose when many residents started to notice that the dumpsters seemed to be removed less and less and eventually not all. Trash was spilling over the top of the dumpsters and into the parking lot. Many of us asked the MGMT what was wrong and they said that the company that removed the trash was having “issues”. Little did they know but disgruntled employees told us that Mirada was consistently late and sometimes not paying at all for the trash removal. The company just stopped removing the trash until they were paid for past services. Eventually Mirada boned up and paid to have the trash removed.
Now comes the day where I need a larger place to live and luckily they have a 2x2 available (figures since the place was only at 50% vacant) we got the keys and walked into our less than new apartment. Well it was not that ready for us to move in, the carpet was crusty and still soaking wet in some places from a feeble attempt to clean the carpet. We had no choice but to move the items into the APT since we already hired movers. Anyway it dried but the wet smell stayed for days. Every day I complained and pleaded for help but every week there was a new manager or employee in training sitting there with a Cheshire cat grin. As you guessed it we never got them to fix the carpet but we at least got them to admit in writing that it was their problem.
Then summer came, and the pools pump broke down and they failed to fix it. When they did get enough complaints they decided to fix the pump however they neglected to change out the sand in the filter which resulted in an almost instant infestation of green algae that lasted for over two months. The algae problem finally cleared up when a resident bought the much needed chemicals. Yes you read that correctly a resident purchased the required chemicals to clear the pool. He said he wanted to enjoy the pool so he took upon himself to fix it knowing that the MGMT was not going to fix it. Later the MGMT blamed the algae infestation on residents who do not shower. The Mgmt. forgot to mention that the main pipe that fills the pool with water has been broken for the past 5 yrs so they have been using an ordinary green garden water hose to add water to the pool. While the pool was green and festering with mosquito larvae the staff would proudly walk prospective residents by the pool to SHOW IT OFF to them. How ignorant can one be? Occasionally an angry resident would yell "THEY ARE LYING!" or "IT HAS BEEN GREEN FOR MONTHS!" when they walked by but I am not sure if it was ever taken seriously since they continued to try and sucker people in.
Let’s move along to the water billing incidents. When MBS was not around my water bill was $7 to $10 a month now that MBS came in it jumped to $25.They tried to pull a fast one on me and try to tack on a charge for trash when my lease clearly stated it will be paid by the mgmt. The Mgmt. said they sent out a notice of the change and I would have to comply with the new bill. I reminded them that the lease was a binding contract between both parties and if they were going to change it on a whim I would be happy to consult a lawyer. They eventually bowed to my relentless barrage of calls to the main office, Ms. Blanco (MBS Upper Staff Member) and the new billing co (Master TEK). To add to the fun they ignored the official request for the water billing records. I hand delivered a signed statement to the office requesting to view the “adequate records” listed in the Texas Water Code § 13.503, and even had the office worker sign a statement saying he received the statement. However it went ignored and from what I was told the manager said he did not even read it. If you still live in a MBS property I dare you to ask for the records, they will toy around with you even though the law says they have to comply.
http://www.capitol.state.tx.us/statu....htm#13.503.00
§ 13.503. SUBMETERING RULES. (a) The commission shall
encourage submetering of individual rental or dwelling units by
master meter operators or building owners to enhance the
conservation of water resources.
(b) Notwithstanding any other law, the commission shall
adopt rules and standards under which an owner, operator, or
manager of an apartment house, manufactured home rental community,
or multiple use facility that is not individually metered for water
for each rental or dwelling unit may install submetering equipment
for each individual rental or dwelling unit for the purpose of
fairly allocating the cost of each individual rental or dwelling
unit's water consumption, including wastewater charges based on
water consumption. In addition to other appropriate safeguards for
the tenant, the rules shall require that, except as provided by this
section, an apartment house owner, manufactured home rental
community owner, multiple use facility owner, or condominium
manager may not impose on the tenant any extra charges, over and
above the cost per gallon and any other applicable taxes and
surcharges that are charged by the retail public utility to the
owner or manager, and that the rental unit or apartment house owner
or manager shall maintain adequate records regarding submetering
and make the records available for inspection by the tenant during
reasonable business hours. The rules shall allow an owner or
manager to charge a tenant a fee for late payment of a submetered
water bill if the amount of the fee does not exceed five percent of
the bill paid late. All submetering equipment is subject to the
rules and standards established by the commission for accuracy,
testing, and record keeping of meters installed by utilities and to
the meter-testing requirements of Section 13.140 of this code.
Then came the hockey team these guys drink beer like it is water, they have no regard for time nor do they have any ears since they can't hear their own horrible voices while they sing Jimmy Buffet songs all damn night. They leave empty bottles of Molson everywhere and hell one of them was so stoned he left his water bong out on the patio. But wait the management is giddy to have them since I am sure they got free tickets or something.
As I spoke to other residents I found out that they were all having similar issues and were all fighting their own battles. Some of them gave up and moved and others were itching for their lease to expire. If you are in a MBS property I suggest you pass the message along to everyone you know to not rent from them. And to not forget that if you ever have to have something fixed ask for a copy of your request.
An organized event to discuss the problems we all endured as residents of Indian Hollow Apts. There might be news reporters present.
Thursday, 11/17
7pm to 8pm @ Panchito's Mexican Cafe
more info:
apartment1123@yahoo.com
For MBS Tenants getting shafted with their security deposits in Travis County, Texas in particular, please see this helpful information to take action.
When less than $5000 is involved, the tenant can sue without a lawyer by going to the local Justice of the Peace office. One cannot waive part of an amount due in order to get within the jurisdiction of a particular court.
Within the Justice of the Peace office are two Courts: Justice Court and Small Claims Court. The jurisdiction of these two courts overlap. The major difference is that Small Claims Court is less formal and the rules of procedure and evidence are relaxed. Justice Court is governed by the Texas Rules of Civil Procedure and Texas Rules of Evidence; it is much more formal.
Do not be intimidated by the prospect of going to court. The forms that must be filled out are self-explanatory. The staff of the Justice of Peace office can give you the proper forms, but they will not offer any legal advice. Soon after the suit is filed, and the landlord is served with a copy, a hearing will be set. The hearing will take about an hour or so, but plan on several hours just in case there is a delay. A tenant may also pick up ATC's brochure, Filing Suit in Small Claims Court for more useful information.
In Travis county, the current filing fee is $57.00. For an extra $5.00 a jury trial can be requested and for $65.00 a witness can be subpoenaed. (These costs may vary from court to court.)
In court, the major problem the judge faces is determining which side is right based on the evidence presented in court. The tenant should bring copies of the lease, deposit receipts, cancelled checks, the move-in and move-out inventories, the letter given to the landlord with the forwarding address, the demand letter, and any other materials that will be helpful in providing evidence in the case. In addition, any witnesses that are important to the case must be present.
The Texas Property Code, §92.101 - §92.109, protects the right of renters regarding their security deposit. Unfortunately, many tenants are unaware of this law and do not receive a proper refund of their deposit. The law states that the landlord has 30 days after the tenant surrenders the premises to refund the security deposit. If the tenant fulfills the lease contract, the security deposit is always refundable; a tenant can never waive their right to a refund of the security deposit. However, the landlord can keep part of the deposit if the lease states that a "redecorating fee" or a "make-ready fee" will be deducted from the deposit. If the landlord retains all or part of a security deposit, the landlord is required to give to the tenant a written description and itemized list of all deductions providing the tenant meets certain conditions. These conditions are:
Important Contact Info:
Attorney General’s Consumer Protection Division in Austin, TX - Enforces the Deceptive Trade Practice Act which sometimes applies to the security deposit.
Good Luck
Hello All,
After reading all of this, I am shocked that there are so many other current and former residents that were and have been effected by MBS management.
I moved in to The Leeward about 4 months ago and I wish I would have known what I know now! Needless to say I would be putting my $$ towards a more rewarding place to live!
Since I have moved in, my apartments have had a major water main break that took almost 2 months to fix! In result of it, most of the units near the break, including my unit, had hardly any water pressure at all.
This was my biggest concern as far as safety:
They don't notify us of exterminators entering our unit days before the workers come on the property. I came home from work last month and there was a strange man in my unit. he claimed he was exterminating but he didn't have a company shirt on just an exterminating chemical bucket. I asked him why there were notices place on our doors or sent to us, he stated that the apt complex is responsible for that. Regardless of whose responsibility it is, notices should have been put out.
I was worried when I thought of different scenarios about this: What if I had been in the shower and he knocked, and I didn't hear? So the exterminator guy enters anyway thinking no one is home? He could have gotten hurt or if not worse killed! Texas has a CHL Law (Concealed Handgun License Law) he was out at risk as well as the tenants. You never know who could enter your unit with this company!!!!!
When the pools get dirty it takes them forever/weeks to clean them. If you ask they say they ran out of supplies and are ordering new stuff.
When appliances are broke or need repairs the maintenance staff have to steal from the vacant units to repair the ones that need it instead of buying new parts or appliances because no one will approve for the funding of new stuff to be repaired and/or replaced.
I have not yet had to deal with getting my deposit back yet. But I guess my time will come! I just want to say I feel for all of you and wish the best that you can get whatever you can out of this place. MBS Companies is a huge JOKE!!!!
I am currently looking into trying to get out of my lease early!!!!
CursedbyMBS
I moved out of an MBS apartment(Bridges of Eldridge) 2 months ago and I still have not recieved my security deposit.The managemnt at the apartment complex say they have instructed MBS corporate office to repay me but still no cheque.As all the other responses say they are using Katrina as an excuse-still!!!After reading the responses to the thread I am beginning to wonder if I will ever get my deposit back.I am now in Kansas City so am too far away to go to the apartment complex(Houston) to get answers. I may have to go the route of the small claims court.If anyone can give me details on how to initiate proceedings I would appreciate it.
My husband and I currently live in The Leeward/Windward, and went out today to picket in front of the complex. We are absolutely sick and tired of the way we are treated, and plan on taking extreme action. And we are not the only ones. While we were standing out there, we had numerous tennents stop and talk with us about their awful experiences, drive by and yell out the window "I live here and it sucks!!", or simply just give us the thumbs up sign. I won't even start naming the problems, there are just too many. We have contacted the Houston Chronicle, and a reporter is coming out Sunday to interview us. Another young man we talked to said he has contacted a number of the local news team investigators. We will not let this crook get away with treating good, hard-working people like this anymore!!!!
My wife and I can relate to everything that has been said on this topic.We used to stay at a MBS property in Houston and are still trying to get our deposit back. At first we were not paying any water bill but when MBS took over a water billed appeared.It was for $8 the first month then $25 then $40.Outrageous.The pool was filled a few times and I wonder if the residents footed this water bill.We were told the complex was on a different water meter than the residents but I dont know about that.It was an awesome apartment complex but just went downhill fast.We are glad we are out.It seems to be MBS's tactic to buy upmarket complexs and inherit the upmarket residents that generally are law abiding and pay up.The complex is allowed to run down but still the residents pay up as they are generally law abiding and have a credit rating to protect.If residents do move-section 8 residents move in so no loss.Brilliant tactic.As for getting the security deposit back....
I cannot stand MBS. I am living in the Walnut Creek Apartments right now. They have not done a good job at all! I have had noisy neighbors I have complained about continously and nothing gets done. They said they had never received any complaints from us and I have. I am in graduate school and work early in the morning. These people have made noises late at night when I am trying to sleep and during the day when I am studying after work.
These used to be awesome apartments and MBS is ruining it. They also lied about having an after hours security guard. They told one lady they had one when the security guard informed her and I that he was fired. They told him they did not need him anymore.
I am trying to find a way out of this lease. I hate them.
I have lived at the Leeward for a few months and let me tell you it sucks! the pool was dirty for the last two months of nice weather. They promised me new carpet until I moved in then said Hurricane Katrina affected their corporate offices. What a lie, they are on the 19th floor of a building that wasn't even in a flood area! They moved me 4 times in the week of my scheduled move in date and I had to go almost two weeks without electricity!! I also had to pay for cancelation and start-up fees for electric services that I had no control over! I am starting a petition with another tennant and have contacted a senator and a city council member from the area, don't know exactly what will happen but with the newspaper and television people coming out hopefully the word will spread about this MBS (Michael B. Shmuck) group!!! Good luck to all and remember that there is power in numbers!!
________
Security deposits are sent back on a regular basis WHEN THEY ARE OWED. If you do not give a forwarding address you will not get your deposit back until it is submitted. Also, most of the MBS properties run $99 move-in specials on a regular basis and this money goes toward rent, not deposits so the majority of residents DO NOT have a deposit to refund. You have no idea what you are talking about in this regard "Thanks".
First of all, rarely is someone charged $200 for a security deposit during the “concession wars”. Secondly, there is a $75.00 admin fee charged to every resident at the time they move in and there are times when this comes from their deposit, as stated on the lease agreement. Then you must factor in that the communities are not 100% occupied - I would say, all averaged, 85%. Further, you will need to factor in the broken leases on all these properties which results in charges being incurred, usually 3 to 4 times the amount of the deposit, and is deducted from any deposit there may have been. So, let's revisit your assessment and using the number of units you indicated, with my changes factored in:Quote:
Many landlords do look at non-return of deposits as icing on their investment cake and in Smuck's situation it SEEMS that his witholding of deposits is a systematic part of his business plan. Michael has something like 15,000 units in his possession. Assuming that each required only a paltry $200 security deposit, that's like what, $3,000,000 in his pocket? Having to pay out just 10 forced returns would leave him with (ignoring civil fees and tripling) oh, $2,998,000 ? Sounds like a smart move to me!
15,000 - 15% Vacancy = 12,750 occupied units (roughly)
12,750
x 125 (average for all deposits, even pet - minus pet fees that are automatically deducted and taking into consideration more than half the new residents do not pay a deposit )
= $1,593,750.00
Subtracting admin fees of $75.00 per deposit ($93,750.00):
= $1,500,000
Subtracting deposits based on a $50 deposit ( remainder after admin fees), charged back for damages - about 2.5 out of 5 or 45%
= $675,000 Total
Of the remainder of these deposits which will be owed a refund, there will often be minimal charges for misc. cleaning or repairs - let's say $20.00 on 50% of the remaining refunds - $5,400:
= $669,600
If you want to take this one step further - let's look at what this averages out to per apartment community:
$669,600 / 12,750 = $52.00 per unit
or by apartment community based on 40 communities:
$16,875 per community
Now let's say, giving you the benefit of the doubt, that only 1 in 10 of those deposits remaining in good standing are refunded, or 10%:
$602,640.00 Total in his pocket, based on what is being said here. Not quite the same figure as Thanks came up with.
Now, istead of sitting at your computer b*tching about not getting your deposit back, why don't you simply go to small claims and file - it is not brain surgery and, if you win, you will be refunded the court costs + 3x the amount of your deposits....that would not only take back the $602,640.00 he is pocketing free and clear, but it would cost HIM (and this amt is without court costs) = $1,807,000 - almost 2 million dollars!!
Some things to keep in mind when contemplating a return of your deposit:
Must give 30 or 60 day notice
Apartment must be cleaned and any damages caused by resident repaired
All charges, including late charges, damages, and unpaid water bills, must be paid
YOU MUST GIVE A FORWARDING ADDRESS
I won't even justify the offices being closed - it's simply not true. And jail time - please, lol.
FYI -There are only a handful of residents living on affordable housing and only on 2 or 3 properties. There are no section 8 (vouchers), properties managed by MBS in Houston, San Antonio, or Austin.Quote:
I personally believe that getting the word out to other potential tenants is the best bet for the public good, but even a Chicken Ranch kind of expose wouldn't do anything to Smuck or MBS itself. Since many of his renters are on vouchers, his occupancy rates wouldn't be affected enough to concern him.
Finally, I do not agree with all of MBS Companies’ business practices, but blowing numbers and incidents out of proportion only leaves you with less credibility moving forward.
I would assume that you are an employee with MBS in some way, shape, or form, correct?Quote:
Quoting apples
With that in mind, I haven't had the deposit return issue YET because I just moved in about 4 months ago.
But what I have had to deal with is repairs on the property and the managment and office staff liying ALL THE TIME WITH EXCUSES ON WHY THINGS AREN'T GETTING FIXED!!! So, what this tells me is that MBS Companies sure don't like to put any money into the apt. complex when repairs are needed to be done. I have been trying to get several things repaired in my unit since move-in and when it is repaired the maintenance team has to steal parts from other units.
I had to have my refreg. door fixed becuase it fell off completely and the man that fixed it had to rig it to work, so now when I close the door I have to lift up as I am closing it to keep it shut or else it won't close all the way........
So how can we expect to get a deposit back when MBS can even do minor repairs to the units? Hell even the unit I signed to move in, has lumps and stains (I had to clean it myself) in the carpet from previous renter/s. I asked that it be cleaned or replaced, 2 weeks before move-in, and the rep. I was working with said that it would be done before we move in! Well guess what? It wasn't and that person is no longer there nor any of the others. Told the manager and that person said there was nothing they could do about the capret!
Out of the 4 apartment complexes here in Houston, TX I have ever lived in. MBS Companies is by far the WORST I have ever had to deal with!!!!!! I wish I knew then (before lease signing) what I know now!
You obviously do not live in any of the wonderful MBS properties do you?? I wonder what position you employ with MBS? Only a fool would think that the people here are blowing things out of proportion! Have you actually read, I mean truely read some of these complaints? Go to apartmentratins.com and read what the people have to say! Its not "blown out of proportion" when people have no water service and trash doesn't get picked-up because the owner didn't PAY THE BILL you Jack**s! Try living in an apartment where your carpet is soaking wet and smells of mildew because your dishwasher doesn't work.They din't come fix it for almost two weeks then didn't clean the carpets because as I quote "Hurricane Katrina has destroyed our corporate office and we are having to share a carpet cleaner with another complex until we can get the funds to purchase another one." What a load of crap, Hurricane Katrina didn't effect their corporate office which was on the 19th floor and not even in the flood zone! "APPLES" your a joke go back in your hole!Quote:
Finally, I do not agree with all of MBS Companies’ business practices, but blowing numbers and incidents out of proportion only leaves you with less credibility moving forward.
ct1609 I would just like to say that yes the corporate office located in Louisiana was effected by Hurricane Katrina. All the windows in the 22 story office building were blown out by the 100 mph plus winds, thus causing water damage to the whole building which in turn made the building uninhabitable. Not to mention that the building sits right on the lake and flooding was felt in all areas! You did not have to be in a flood zone during Hurricane Katrina to be effected by flood waters, I think that was obivous from the news broadcast.
If you are hearing from the property that you live on that they were effected then you are getting a load of crap, no equipment (you mention carpet cleaners in your post) is kept in the corporate office in Louisiana, most of the time they are just to lazy to help you with your problems.
So how many people are you suggesting AREN'T owed their security deposit? Do that many people not care about their money? You obviously have the numbers, so please enlighten!Quote:
Quoting apples
Red herring.Quote:
Also, most of the MBS properties run $99 move-in specials on a regular basis and this money goes toward rent, not deposits so the majority of residents DO NOT have a deposit to refund. You have no idea what you are talking about in this regard "Thanks".
Before we revisit anything, where is the itemized list of deductions that is required of the landlord if not returning the security deposit?Quote:
First of all, rarely is someone charged $200 for a security deposit during the “concession wars”. Secondly, there is a $75.00 admin fee charged to every resident at the time they move in and there are times when this comes from their deposit, as stated on the lease agreement. Then you must factor in that the communities are not 100% occupied - I would say, all averaged, 85%. Further, you will need to factor in the broken leases on all these properties which results in charges being incurred, usually 3 to 4 times the amount of the deposit, and is deducted from any deposit there may have been. So, let's revisit your assessment and using the number of units you indicated, with my changes factored in:
None of these charges are owed if the deposit isn't returned within 30 days. You're trying to justify unethical non-return of deposit.Quote:
15,000 - 15% Vacancy = 12,750 occupied units (roughly)
12,750
x 125 (average for all deposits, even pet - minus pet fees that are automatically deducted and taking into consideration more than half the new residents do not pay a deposit )
= $1,593,750.00
Subtracting admin fees of $75.00 per deposit ($93,750.00):
= $1,500,000
Subtracting deposits based on a $50 deposit ( remainder after admin fees), charged back for damages - about 2.5 out of 5 or 45%
= $675,000 Total
Of the remainder of these deposits which will be owed a refund, there will often be minimal charges for misc. cleaning or repairs - let's say $20.00 on 50% of the remaining refunds - $5,400:
= $669,600
Wow, $600,000. What a measly amount!Quote:
If you want to take this one step further - let's look at what this averages out to per apartment community:
$669,600 / 12,750 = $52.00 per unit
or by apartment community based on 40 communities:
$16,875 per community
Now let's say, giving you the benefit of the doubt, that only 1 in 10 of those deposits remaining in good standing are refunded, or 10%:
$602,640.00 Total in his pocket, based on what is being said here. Not quite the same figure as Thanks came up with.
This is where the whole problem lies. While, yes, it is POSSIBLE for every tenant to go to court if they have the means to do so, people like Smuck know that the majority will not have the time, means, legal know-how, etc. Smuck knows this is less than ethical, but it is indeed legal. This kind of thing is what Kohlberg termed the "conventional" stage of moral development. In other words, landlords like Smuck sport the moral intelligence of an adolescent. They understand the "higher" implications of what they're doing, but they go ahead and do it anyway because technically, their acts aren't illegal.Quote:
Now, istead of sitting at your computer b*tching about not getting your deposit back, why don't you simply go to small claims and file - it is not brain surgery and, if you win, you will be refunded the court costs + 3x the amount of your deposits....that would not only take back the $602,640.00 he is pocketing free and clear, but it would cost HIM (and this amt is without court costs) = $1,807,000 - almost 2 million dollars!!
How many people aren't doing that, honestly?Quote:
Some things to keep in mind when contemplating a return of your deposit:
Must give 30 or 60 day notice
I guess that means Smuck can't get his deposit back?Quote:
Apartment must be cleaned and any damages caused by resident repaired
All charges, including late charges, damages, and unpaid water bills, must be paid
Does anyone not do that either?Quote:
YOU MUST GIVE A FORWARDING ADDRESS
Anyway, who here has considered the possibility that MBS may just be a front for an elaborate money laundering scheme...???...???...???
(bamp bamp BAMP!)