Consumer complaint received 2021-04-21
Company: T.S. Holdings
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
In XXXX, I contacted XXXX on Medical ( hereafter Broadstone or management ), an apartment complex located in XXXX XXXX, TX. I was looking for a three-month lease. At first, the management from XXXX showed me an apartment that was suitable for my needs. On XX/XX/XXXX, I filled out the application form and paid the application fee. 

After finding the apartment suitable, I stopped looking for other living arrangements and relied on XXXX. However, on XX/XX/XXXX, after the application form and nonrefundable fee were already paid, XXXX management informed me that the apartment they had shown me and for which I had applied would not be available until a month later. XXXX management effectively pulled a bait and switch. Because I had relied on XXXX and stopped searching for other living arrangements, I had to accept the new apartment, which XXXX assured me in the same condition. 

On XX/XX/XXXX, XXXX informed me that they had approved my application for the other apartment. The terms of the lease were as follows, three months at {$890.00} per month. I moved in on XX/XX/XXXX, and I paid the first month and deposit before moving into the apartment. I paid for a second month on the first week of XXXX. 

As soon as I moved into the new apartment, I realized that the new apartment was not in the same condition as the first apartment that XXXX initially showed me. I found the following issues : 1. The air conditioner did not work.

2. The washing machine leaked water.

3. The refrigerator leaked water.

4. The bathroom faucets leaked water.

5. The carpet was broken.

6. The smoke detectors did not work.

7. The dishwasher was broken and was dirty from a previous tenants occupancy. 
Please see attached pictures. 

I verbally requested that XXXX fixed these issues. On the first occasion, XXXX told me that someone from maintenance would come by the apartment. Nobody from maintenance showed up, and I wasted my entire workday. I made new complaints, but management did not address any of my complaints. Two weeks after moving in, someone from maintenance did show up to fix the washing machine. The next day I used the washer. Once again, the washing machine leaked water. I did not use the washing machine or dishwasher for the remainder of my stay in the apartment. 

On XX/XX/XXXX, my wife made the first written complaint. Please see attached communication from XX/XX/XXXX. We received an answer from management the next day, XX/XX/XXXX. XXXX stated that maintenance would come by the apartment within two days. Nobody came. On XX/XX/XXXX, I emailed the management to complain once again and to put them on notice that the air conditioner did not work. Please see the document attached. 

Because of the hot climate in Texas, I started developing a skin rash. Yet there was no response from management. Please see the attached pictures showing the temperature around midnight at 82 degrees and a picture of the air conditioner sat for 66 degrees. According to the thermostat, the temperature inside the apartment was 82 degrees, the same as the outside temperature. I took these pictures on the same day, at the same time. The air conditioner was on all day, but it did not work. I am also including another picture that shows the thermostat set at 66 degrees, while the thermostat records the apartment 's temperature at 90 degrees. I have saved videos that show the faucets leaking and would gladly provide them if necessary. 

Finally, I had had enough. The condition of the apartment was affecting my health, and management was unwilling to fix the problems. Although I had paid the rent until XX/XX/XXXX, I moved out on XX/XX/XXXX. 

I informed management in writing. Please see the attached picture of the email exchange. I gave XXXX plenty of time to fix the deficiencies with the apartment while living there and after I moved out. Management responded that I was liable for the remainder of the lease agreement. Please note that management still did not express any intention to repair the apartment. 

I returned to the apartment complex a week later and noticed that new tenants had moved into the apartment. I do not know if XXXX fixed any of the problems with the apartment. 

In XXXX, a collection company, IQ Data International ( hereafter IQ Data ), started calling me. They said that I owed {$2200.00} because I had broken the lease agreement with XXXX. I provided IQ Data with my address and asked IQ Data that all future communications be in writing. Per Section 809 of the Fair Debt Collection Practices Act ( hereafter, FDCPA ), I also asked for documentation to validate the debt and a copy of the assignment of the debt. The first person I talked to said that it would not be a problem but then said that this would not be necessary since this kind of case is cut and dry. According to the IQ Data representative, I had broken the lease agreement, and providing documentation of the debt would not change anything. 

Another IQ Data representative called me a week later. I reiterated that I did not want to receive calls, that all communication be in writing, and that I wanted validation of the debt and a copy of the assignment of the debt. The second person said that I would have to pay the debt before getting the documentation and further threatened me with legal actions unless I paid the debt.

During a third call, I repeated myself and asked for all communication to be in writing ; I provided my address and asked for validation of the debt and notice of assignment of the debt. This time, the IQ Data representative said that IQ Data had already sent documentation to an older address provided by XXXX, and they did not have to send me the documentation to the address I had provided. 

During all calls with IQ Data, I explained the following points : 1. I did not want to receive phone calls and wanted all communication in writing. 
2. I provided my current address at XXXX XXXX XXXX, XXXX XXXX, TX XXXX. 
3. I requested validation of the debt and proof of debt assignment of the debt.

4. I explained that I did not have any responsibility for the debt they were trying to collect and that I wanted the validation to then respond in writing disputing the debt. 
5. I also explained that I had not broken the lease agreement because XXXX provided an apartment that was not in livable conditions and refused to fix it. 

Sometime during the year XXXX, I saw that IQ Data reported the debt to the three credit bureaus.

Their actions violated my rights under the FDCPA and the Fair Credit Reporting Act. IQ Data engaged in verbal abuse ; continued calling me after I requested that all communication be in writing ; reported wrong information to the credit bureaus and misrepresented information about the debt ; and refused to provide validation of the debt and a notice of assignment. 

I should not be liable for the debt for the following reasons : 1. By failing to provide documentation and continue to harass me by phone, IQ Data violated FDCPA rules and my consumer rights. 
XXXX. XXXX did not provide an apartment that was in livable conditions. 
XXXX. XXXX did not suffer any financial harm because I paid for the first two months, and XXXX rented the apartment to new occupants before XX/XX/XXXX. Furthermore, I mitigated possible damages because I returned the apartment before the last day XXXX had paid for, XX/XX/XXXX. XXXX took possession of the apartment and rented it to new occupants, which constitutes acceptance of the apartment. 
4. If I were liable for the apartments lease remainder, I should only be responsible for the third month, the amount of {$890.00} since I had paid for the first two of the three months in the agreement. However, IQ Data claims that I owe {$2200.00}. 
5. Finally, IQ Data acted in bad faith by knowingly sending documentation to a different address where I did not reside, especially because I had provided IQ Data with my current address. 

Along with this complaint, I am attaching the following supporting material : Copies of the communications with XXXX. 
Pictures of the apartment 's condition. 
Pictures of the air conditioner thermostat and screenshot showing the outside temperature.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with non-monetary relief