Consumer complaint received 2021-10-27
Company: HW Holding, Inc
State: TN
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I lived at a property called XXXX XXXX XXXX. We had lived there for one lease term ( 12 months ) already and renewed our lease for another 18 months of XXXX of XXXX. In XXXX of XXXX we learned the noise levels in the property were affecting our health because our unit was facing the freeway, was within 40 feet of the freeway, and the noise levels were above 60 decibels at all times. My XXXX had been suffering after my XXXX and i was nearly XXXX  in my apartment. We told the property manager and he indicated we had a buyout option in our lease. 

Our lease allowed us to buy it out on 60 days notice for XXXX. It also contained a clause saying if the letter of notice and money was accepted, the buyout was complete. 

I provided a letter on XX/XX/XXXX stating that we were going to vacate as of XX/XX/XXXX ( but we left XX/XX/XXXX ), due to the noise levels and the impact on our health and that and that of our XXXX XXXX. In the letter I stated that because of those reasons we hoped theyd accept the short notice. They accepted the money. 

However, after the fact, they stated that we gave them defective notice and owed them XXXX. They did not return our security deposit. I tried talking to the manager via email since he had accepted the notice and the buyout fee but he wouldnt speak to us. He was a new manager since the apartment had just changed ownership. We were already frustrated because as soon as they took over theyd raised our rents. He was open to discussion then, so we tried talking this out with him as well. 

He did not care what the language in our contract stated. At He was adamant we owed 19 days of rent for 19 days deficient notice. At the time I was a practicing corporate attorney, so I understood our contract well. I explained in our buyout option it said if they accepted our payment then our notice was accepted. Since he has accepted it, and hadnt said anything about it being defective etc, we had satisfied our obligations. I told him that as far as I understood, under the law, they would still have the ability to seek recompense for any actual damages, i.e. perhaps he could sue us for any actual amounts the business lost due to the defect in our notice if he couldnt rent the unit back out before the end of the notice period. He didnt speak with me further. XXXX XXXX then proceeded to take legal action some months later. I disputed the claim, as we exercised our buyout right and that absolves us from any further debt to the landlord. They can not claim XXXX for insufficient notice after accepting our buyout fee as reflected in our lease document. 
They have harassed us with phone calls from Hunter Warfield. Theyve contacted family to talk with me. Ive told them I dispute the debt. They had no desire to work it out. I do not appreciate being harassed. I called to discuss the matter with Hunter Warfield after they hired another company called XXXX to contact me and transfer me to them. They didnt allow the XXXX agent to tell me who was speaking. XXXX called me on XX/XX/XXXX and XXXX. They contacted my family members the same day. On the XXXX i spoke with XXXX and said to tell their client I would speak via email or letters but didnt prefer phone calls since I couldnt document them. They also had XXXX contact my family members ( my little brother ). Hunter Warfield called me that day. They wouldnt talk to me unless I provided an account number. I tried to explain the situation ( and also that I dont have an account number ). The Hunter Warfield agent said I wasnt being harassed and then hung up on me when I tried to explain. 

I am appalled by the behavior of all companies involved and believe that action should be taken. I am XXXX and trying to get XXXX benefits and have a lot of debt I do owe, so being harassed for something I dont owe is very frustrating and makes me feel very poorly.

Company response to consumer: Closed with explanation