Consumer complaint received 2019-11-18
Company: Rowland Avenue Management, Inc. A/KA Columbia Debt Recovery, LLC d/b/a Genesis
State: NH
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Hello : This is in regards to my previous rental agency regarding a fraudulent debt they have placed into collections. I have written a synopsis for your knowledge. 

On XX/XX/XXXX, my husband spoke with a Move Out Specialist regarding our final account statement and extenuating circumstances. 

I had been communicating with XXXX XXXX from Corporate and XXXX ( new property manager at XXXX ) regarding the ongoing mold  issue that was in my apartment dating back to XXXX. 

On XX/XX/XXXX I informed XXXX that I was diagnosed with XXXX  XXXX   XXXX  and that I needed the mold  inspection that XXXX stated they did for my doctor. Per a work order, on XX/XX/XXXX there was a mold  inspection done by maintenance and that a " mold  reference guide '' was to be used. 

On XX/XX/XXXX XXXX responded that he saw a service request where there was reported mold  in our bathtub and that notes indicated that it was due to cleaning in my bathtub. Also, that the chipping in my tub was addressed. I responded to XXXX that cleanliness of my bathtub had nothing to do with the mold  that we had been observing since XXXX. At that point, I requested a third party qualified mold   inspector come to my unit and then provided him a record of service requests dating back the last 5 years regarding the mold. XXXX then stated he would send XXXX ( Maintenance Manager ) to our home on XX/XX/XXXX. I responded that I wanted a third party mold  inspector, someone who was qualified as XXXX had been sent in the past and nothing was resolved. 

According to the lease, we had to give notice on XX/XX/XXXX. During this time, we were hoping things would get resolved by XXXX in time so that we could make the best decision, as we hoped to sign a new lease. 

( 10 days in between since I heard back from XXXX ) Come XX/XX/XXXX I had to email XXXX and told him that I was writing in reference to the notice that would need to be given by XX/XX/XXXX. I stated that we had raised concerns for mold  and that we hired our own mold  inspector to come out ( they came out on this day ). I requested an extension on the notice until we could receive the full report back so we could make a determination as to whether we could stay or not. 

XXXX responded that we only had until the end of the week and he requested the results. I told him we would be happy to share, but in order for proper mold   remediation to take place, we would need to vacate the premise as mold spores could be released. 

On XX/XX/XXXX I sent XXXX a copy of the mold  report which noted elevated concentration of mold  in the HVAC system and that it stated " immediate proper mold  remediation is required '' and that we couldn't be in the unit. I requested that we be moved to an updated unit to reduce and avoid further health complications. 

XXXX responded and provided an option to move, but we wouldn't qualify financially and we couldn't afford such a hike in rent. I told XXXX if we were to stay in our current unit, it would need to be done by a certified mold  company and not a contractor of XXXX. I told XXXX again that proper mold remediation, as indicated in the report, would mean we could not be there during remediation which could take up to several weeks. 

On XX/XX/XXXX XXXX wrote me back stating that rent is high due to upgrades and that his company had licensed contractors to do the job. He further stated that work in the HVAC unit could be done without us having to leave because they could access the outside closet without entering the patio and that the vents are a closed system. I responded back that his information was not accurate and that the report indicated mold  not only in the HVAC, but the supply vents in the master bedroom - where black mold  was discovered there a year prior. Also, that it isn't a closed system and we were being exposed to the spores being released in the air. I further stated, again, that beyond the results the report indicated that " residents should vacate '' and I explained why. I told him again that my immune system was compromised and that I had XXXX  XXXX  XXXX. I told him that staying in the unit would put myself and my family at greater risk. I told him that XXXX would need to put us for a few nights to reduce and prevent further health complications ( which is what ended up happening and why we only gave 30 days ). 

As you can see, we had already surpassed that mark of giving a 60 day, BUT not because I didn't want to stay, but because things were not addressed timely or appropriately. 

We had gone back and forth via email. XXXX then sent out their own mold   person to do their own report. XXXX responded on XX/XX/XXXX that they only found half of the deficiencies that the Environmental Specialist we hired found and he outlined what they were willing to do ( some cleaning ) and that it would be done in a 12 hour period of time. They were not willing to put us up. 

On XX/XX/XXXX We spent the night out of the home and had to pay for lodging. Upon returning to the unit, I became extremely ill ( because further mold  was released into the air and onto some items in my room ), which I have pictures of. 


We are currently being charged {$1800.00} for an Insufficient Notice Fee. As you can see, that is not my fault nor lack of communication on my end. 
We were more than willing to sign another lease IF the cleaning done by XXXX was sufficient enough to remove the mold. Unfortunately, proper remediation of the mold  did not take place and my health further declined, so I gave my notice right away. That was the ONLY reason why we didn't give a 60 day notice. 

XXXX stated that corporate was willing to let us go without owing any money IF we signed a " Settlement Agreement and Release ''. 

We are also being charged a {$50.00} removal/damage fee. I left the apartment clean and completely empty, which I took pictures of. 

We moved out on XX/XX/XXXX - having only stayed 2 weeks that month. They kept our security deposit of {$500.00}, which would have left us owing {$300.00}. We were more than willing to pay the {$300.00}, but not until they changed the remaining balance on the ledger. They said they would do that once we signed a Settlement Agreement - we did not want to sign anything, until they changed the amount. 

Now, both my husband myself have been contacted by Genesis, a collection agency. I have submitted several documents for their review and investigation - proof of medical records, emails, copy of the settlement agreement, etc. 


****I have more documents that this will not let me upload**** Thank you

Company response to consumer: Closed with explanation