AvalonBay Communities

I rented from them for five years. They are slumlords of the city and they will charge you for everything you request to be repaired and To put the icing on the cake, they will never even really fix it, they will come out say that they will be back then mark complete on the work order even if it wasnt or still wasnt fixed for example I had a leaking sink they came fixed it but it continued to leak and they charged me $65 so I just repaired it myself by upgrading the entire sink, frig went out I just bought another one, a lot of the door knobs and tub and sink knobs had issues I just changed them because they wouldnt, entire backyard was full of bricks we dug them up and now its all grass, shower heads covered in corrosion they never did change them from when we first moved in so we just upgraded them and replaced them ourselves ,,, we was better off fixing everything ourselves because they would come out and half fix things and charge for them,, anything over 250 was on them but no matter what it was they would still charge me something and not even fix the problem and mark the maintenance request as we also left all upgrades..This is by far the worst company you could rent from stay far away and you will 100% not get your deposit back, You will in fact owe them double your deposit because theyre gonna charge you for the as is/ Non-fixed repairs that they didnt properly repair After you have given notice to vacate and moved out and tell you that them having to professionally paint and clean the carpet is not normal wear and tear ..And anyone looking at their townhouse on Jana Lane Make sure it has a new AC unit or you will barely have AC and it will be 90+ degrees in there upstairs and 83+ degrees downstairs during the summer and also get something in writing about their poor plumbing and ceiling leaks and heavy growing mold behind the paint being fixed because Im sure they will paint right over it mainly in the upstairs bathrooms and patch up the ceiling without fixing the plumbing I literally had the roof cave in 3 times with 3 diff maintenance request orders put in I had those issues the entire time I lived there We had a whole the size of a car door for an entire year and they were never repaired. And thats just a few of the issues it was more .It is your life, but on God if you do business with them you will regret it!

Administration of Avalon Miramar Park Place Residential

From: Ernesto Alonso

Dear Sirs,

I am compelled to express my strongest objection to the $2,000 charge applied to my account for an alleged cleaning due to humidity levels supposedly outside the permitted range in apartment 4205. This charge is without factual basis or legal support, as I will detail below.

Proven Facts 1.

Humidity Conditions in Apartment 4205: During the visit by the mold treatment specialist, I was informed personally that all inspected areas in apartment 4205 had humidity levels within normal parameters, even though the terrace door was open following medical advice to ventilate the apartment due to high mold contamination. I have video evidence showing the specialist confirming that the test results were normal, verifying that no breach of authorized humidity standards occurred. 2. Consistent History of Compliance: Over nearly three years as a tenant in this complex, both in apartment 4305 and later in 4205, I have consistently maintained humidity levels within the prescribed limits.

If this were a problem due to my conduct or negligence, the previous apartment (4305) would have exhibited similar issues; however, no such problems were ever reported, demonstrating that the source of the problem is not attributable to my use of the property. 3. Systemic Mold Contamination Issue: Several apartments within this block, particularly those facing the lagoon, have experienced similar mold contamination issues, indicating a systemic problem related to the propertys structural and ventilation characteristics, not the actions of individual tenants.

Legal Grounds and Relevant Case Law 1. Federal and State Law Requirements for Habitability

Under Chapter 83, Section 51 of the Florida Statutes, which governs residential tenancies, property owners and administrators are required to maintain rental units in a habitable condition.

This includes providing premises that are free from defects affecting the health and safety of the occupants. Mold contamination and improper humidity levels directly violate this obligation, exposing tenants to significant health risks such as allergies, asthma, respiratory infections, and other serious health concerns.

Furthermore, the Federal Warranty of Habitability Doctrine, as interpreted by various courts, establishes that landlords must ensure that rental properties are fit for human habitation. This duty includes addressing and preventing conditions such as mold, which is known to be hazardous to health. 2.

Legal Precedents Holding Landlords and Administrators Accountable

There are numerous cases where courts have found landlords and property administrators liable for failing to maintain properties in a habitable condition, thus supporting the tenants rights against unjust charges: Brooke v. Homeward Residential, Inc. (2017): The court found in favor of the tenants, ruling that the lack of proper maintenance and exposure to mold constituted a violation of the obligation to maintain properties in a habitable condition, imposing substantial penalties on the administration for negligence. Park v.

Hoffmann (Florida, 2019): The court held that the property administration was negligent by failing to adequately address mold issues, which resulted in health damages to tenants. The court mandated compensation for the affected tenants, reinforcing the principle that landlords are responsible for ensuring safe living conditions. Krebs v. Canyon Lake Property Owners Association (California, 2020): In this case, the court determined that the administration breached its duty of care by failing to promptly remediate mold conditions, leading to significant compensation for the affected tenants.

This decision underscores the administrations duty to ensure that property conditions do not pose health risks to the occupants. Castle v. Barrett (Texas, 2021): The court ruled that the administration could not transfer the responsibility of structural or systemic issues to the tenant, especially when these issues impact multiple units in a complex. This precedent makes it clear that landlords cannot unfairly impose maintenance-related costs on tenants when the issues are beyond the tenants control.

Barrett v. Lipscomb University (Tennessee, 2019): The court found that the property owner failed to maintain the property in a habitable condition by not addressing mold contamination and awarded damages to the tenant. The decision emphasized the landlords duty to provide a safe living environment, free from conditions that could harm tenants health. 3.

Non-Transferability of Maintenance Costs to Tenants

Federal and state laws, including the Uniform Residential Landlord and Tenant Act (URLTA) adopted by many states, prohibit landlords from passing on the cost of repairs or maintenance necessary to address structural or inherent problems in the property to the tenant. This doctrine has been consistently upheld in numerous court rulings: Javins v. First National Realty Corp. (D.C.

Cir. 1970): The court established that tenants have the right to a habitable residence and that landlords are obligated to repair and maintain rental properties. This landmark case clarified that tenants could not be held liable for repairs that are the landlords responsibility under the implied warranty of habitability. Marini v.

Ireland (New Jersey, 1970): The court found that landlords must bear the costs of repairs necessary to maintain a habitable condition, reinforcing that tenants cannot be charged for conditions that are beyond their control and responsibility. Green v. Superior Court (California, 1974): This case reaffirmed the principle that landlords must provide habitable living conditions and cannot pass repair costs onto tenants for issues related to the propertys habitability. Knight v.

Hallsthammar (California, 1981): The court emphasized that the landlords duty to maintain the property in a habitable condition is absolute and non-delegable, meaning that such responsibilities cannot be transferred to the tenant under any circumstances. 4. State-Specific Protections and Rights of Tenants

Florida law, under the Florida Residential Landlord and Tenant Act, mandates that landlords maintain rental units in a condition that meets health and safety standards. This obligation includes rectifying any mold contamination or other environmental hazards that may arise due to structural or maintenance failures.

Any attempt to charge tenants for addressing these issues constitutes a breach of the landlords statutory duties.

Final Considerations

The $2,000 charge imposed is clearly unjust, without merit, and lacks any basis in verifiable facts or law.

My conduct as a tenant has been exemplary, always maintaining proper humidity levels and complying with all rules established by the residential complex.

Therefore, I formally request the immediate removal of this charge from my account. I also request an urgent meeting with the mold treatment specialist and the maintenance manager to discuss this matter openly and transparently.

I urge the administration to act with the integrity, ethics, and professionalism expected in these situations, and to rectify this mistake promptly.

I look forward to your prompt and favorable response and the confirmation of the requested meeting.

Sincerely,

Ernesto Alonso

Apartment 4205

Avalon Miramar Park Place Residential

On a call with an Avalon Bay person who threatened me! She said that if I didn't pay $493.80 immediately, they would send this small outstanding balance to a collection agency who would harass me every day.

I explained to her that I didn't even know that we had a balance due and she was already threatening me! I told her that this was the first I was hearing about it and that we'd work with the roommate for the payment. Then she checked and saw that they neglected to send me the notification 2 months ago. She didn't apologize for her oversight.

Horrible service and treatment of a customer who paid their high rent for months without ever missing a payment.

Also, the place is a dump - mold and roaches everywhere. Don't rent here!

Packages and Mail: We had our mailboxes broken into and mall stolen multiple times. Package room is kept wide open and people steal from their all the time.

Security: Doors for the building are kept open or broken so anyone can walk in.

Was shown by maintenance and told that all security cameras are broken. Avalon will not do anything about that.

Rent Increase: Every time I renew my lease, they up the rent by $500.00 - $750.00. One neighbor had their rent raised to an extra $1000.00. Also, they always add hidden fees to the rent making it a lot more.

Parking: Have to fight for parking or pay for special spots.

Multiple times our cars were egged and toilet papered by teens.

Breaking In: Had a camera set up in my apartment. Maintenance broke in and stole multiple times and even random people broke in and stole. By the way, maintenance has keys to all apartment.

Repair Time: All Maintenance requests and repairs goes either unanswered or in pending for long periods. My window was broken and maintenance taped it.

Took them a full year to repair it after a full year of complaints.

Pets: People would let there pets to roam free in the hallways. These pets will go (bathroom) everywhere. Can smell it in the elevator, hallway, and everywhere else. Have to wait for cleaning team to clean it up.

Money Grab: When you try to move out, they become your worse enemies.

They try to milk every penny from you. Besides them keeping last month rent and security deposit, they will try to sue you or scare you into giving them more for the most random things.

Scam Reviews: It is proven that Review Websites will except payments to promote a company with fake Reviews, and to hide the negative Reviews.

Everyone can tell you that Avalon pays for fake Reviews that builds them up.

In a full sense, there is nothing good about Avalon. Avoid this place, because the stress is not worth it.

I found serious black mold in my vents, years worth of it, maintenance wouldn't clean it and I reported it to code enforcement. Then the leasing office and maintenance stopped taking calls and stopped me from entering the office.

My car was then towed twice and security follows my children and me wherever we moved around our complex. theyd show up at the gym, the pool or in the garage. I discovered I was being tracked by my fob key. when the city made them do repairs, they installed a camera in my fire alarm.

for 9 months they didnt care I didnt have one, and then they installed on that video taped my family. when I found the camera and took it to the office, the woman called the police and then filed a harrassment suit against me. my neighbors who were there went to court and gave evidence that all I did was knock on the door to get in. The manager had every employee say the same things in affidavits that they are concerned about my behavior and are scare because they felt my behavior was escalating over a short period of time and they didnt know what I would do.

They knew exactly what I would do, write a letter of complaint and when that didnt work, find the next person over their head, like everyone does. They got an order. So first they cut me off from service, then blocked me from requesting service then got a court order that says I cant ask for service. That court order assisted them in finding a way to evict me.

They used a process server who intentionally does not serve people because the first clue I received was.a notice from the court masking a court case. I could get info about it until I got a day off of work because I had to get information in person. My first day off a sheriffs notice was posted on my door. I was evicted by default and my attorney filed a set aside default judgement request and at the hearing two process servers said in court they served me, and they did not.

I showed video from my ring camera on the days and time service was said to have been made, and still the commissioner Johnson denied my default judgement. And even though its almost always reverse for evictions due to their 5 days to respond instant lawsuit type and because the courts prefer litigation so both sides are heard when a Defendant has a good reason and wants to have his/her/their day in court. Also court allows these motions to be filed for up to 2 years, and my request came 4 days after the default. so out of the 748 days courts allow Defendants to file for set aside default, I was extremely early at filing 744 days before the deadline.

winner takes all in CA courts, so the AvalonBay said my family owed them $20k, plus all the rent through the end of my lease $13k. Then I received another bill for attorneys fees $1500 and 3 months after that $6400 for 2 additional months rent. AvalonBay requires renters to give them 60 days notice of moving out, which is 2 months before the lease that expires, which will always expire, and they wanted notice that I was moving out? So legally they are owed up to 2 months rent, and the worse part of that is, well its in two parts, 1) the renter cant stay in the apt during the time period of that clause and 2) the monthly price is AvalonBays to dictate.

The market is never the same as it was a year prior, but raising the rent by $900. They never cleaned the vents even for the new tenants. My sister and her husband toured AvalonBay so. that they could check the ventilation in both bathrooms.

I am hopeful that facts will be reversed, but experts say, NOT IN SANTA CLARA COUNTY. We will see.