Complaints

• Initial Complaint

  20/08/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  I paid to rent ********************* Commercial kitchen on July 26th 2024. THE POSTAL CODE IS V6A 0H1. I rented it for August 10th and 11th between 9am and 2pm. He mentioned to me that I had to pay a $1000 refundable security deposit as well. So I paid $1640 inclusive of the security deposit. I requested to have a written contract but she was very defensive that Vancouver Coastal Health usually just calls him to find out if the kitchen is rented so he would not write me a contract. All these communications were via email. While visiting the kitchen, he was exceptionally rude to myself and my staff, I believe it was because we are Black. The kitchen had roaches roaming it as well as a strong sewage scent. I mentioned this to him, and he flipped; stating that nobody else never complained but me. Afterwards, he went for an air freshener. I used the kitchen on Aug 10th, ***** was in the kitchen for the entire time. When we finished cleaning up for the day, I asked him if everything was okay, and he said yes. On August 11th, I reached out to him that I really cannot handle the smell of the kitchen so I would not use the entire 5 hours that I had initially paid for. He stated to me that we do not need to discuss anything and that I should not come to his kitchen. I did not visit his kitchen on August 11th. I then made a ****** review about his business to which he replied but after the 5-7 days have passed for me to get my $1000 security deposit back, he wrote me an email threatening me as well as saying that due to the review, he is retaining my security deposit. Please see the screenshots of the emails attached. I do not wish to be in any back and forth conversations with this man. I have never seen any business owner first handedly treat clients like this and I will not sit and let him rob me of my hard earned money. I do not deserve this. This is not okay. I have already filed a complaint with VCH about the roaches and sewage stench.

  Business response

  20/08/2024

  ******************* (hereby referred as KM) in her complaint, only attached 6 screenshots of our text and email exchanges, but deliberately omits her unwarranted MALICIOUS slanders and attacks on me and my business, via her ****** review and social media (ie Tiktok), with false allegations and calling me RACIST *****************, urging the public not to rent my kitchen, mocking me using her Jamaican slang to wish me and my business go down to h*** (see attached my supporting documents).
  From KMs own attached screenshots, people could see I have been very professional and courteous ie saying thank you, addressing her name with Hi K, put everything in writing to protect both parties etc vs hers, with no name, no thanks, but people wont know she is also very abrupt on the phone, she hung up on me every time she did not get what she demanded.
  Examples: She hung up on me after I had explained to her that I only sign a formal contract with people who lease my kitchen full time for 1 year, that for casual use of my kitchen like hers for 2 days for a few hours, our written exchanges, confirmations and etransfer proofs and receipt acknowledgement will form our written contract, and that if the Health Inspector would not accept such, inspector can call me to verify that I have agreed to accommodate KM to use my commercial kitchen (this a pre-requisite to get a health permit for KM to sell food in the festival). She also hung up on me when she later demanded to also use my walk-in cooler without paying extra rent, I told her there would be extra rent, she retorted that the cooler space should be included in her already paid kitchen rent. On Aug 11 2024, she also hung up on me after I have answered her when she demanded to know when exactly she would get her refund. Then a few minutes later, she wrote nasty ****** review against me and my business, saying my kitchen is infested with cockroaches and smell like sewage that make people want to vomit, urging the public to stay away from me and from renting my kitchen.
  On Aug 10 when she came to my kitchen to set up at 9am, she did not complain about the ***** and smell, only when she came back in the afternoon to pack up, she rudely complained there is bad smell in the kitchen (but no ***** complaint), so I explained that the smell comes from strata sewage floor drain pipe that occurs occasionally, then I immediately used air freshener to mitigate the smell. Believe her complaint is her pre-emption to cancel second day use.
  When she texted me just after midnight on Aug 11 Sunday to tell me that she wont be using my kitchen on Aug 11 and said she would discuss later. I knew her intention is to cancel Aug 11 rent and discuss her refund for Aug 11 non-refundable rent of $320 plus her damage deposit $1000 with the smell as an excuse. Out of good will, I told her no need to come to discuss, I shall refund her $320+$1000 next week. She then texted me asking me when next week?
  Some casual renters would cheat, ie after getting permit from the *********** by using the commercial kitchen on the 1st day (one time), then they cancel their subsequent commercial kitchen rent, then cook from home on 2nd day (or subsequent day/week). As KM knew her rent for 1st and 2nd day is not refundable, so she used the ***** and smell as excuse to cancel the 2nd day and asks for refund. In her ****** review, she claimed that This is the worst commercial kitchen she ever rented, but most likely this is the only kitchen she has ever rented, based on her lack understanding what entails in getting a health permit in renting a commercial kitchen, she didnt know how to use a commercial convection oven.
  Any person who has lots of experience working in different commercial kitchens, would say my kitchen is comparatively very clean and tidy. I acknowledge my place is not perfect. But KM is a very rude and spiteful person, who complains over little thing or exaggerates things. She is ungrateful, never thank me: (1) that I told her I usually dont accommodate people during the weekend or I would charge higher rent but charged her weekday rent, (2) KM fully used my entire kitchen on Aug 10 (rent is only $320) vs the agreed just 2 tables use, (3) when she came to the kitchen on Aug 10 to set up, I was kind enough to offer to use my trays and bun rack (which is not part of the agreement) which she used to increase her productivity. KM is deceitful by asking a refund of $1640 (including the Aug 10 rent $320).
  As expected, besides online defamation and slander against me and my business to whomever she meets, she has complained to BBB and Vancouver Coast Health to harass me and my business. Health Inspectors have been to my kitchen many times, they dont expect a perfect kitchen, and it is true, no one ever complains like her. The one or two roaches and occasional smell dont render my kitchen unusable, as I have so many other tenants have been using my kitchen for the last 2 years.
  In her initial ****** review, she exaggerates that the smell made her wanting to throw up. In my reply I said her staff and I were in the kitchen from 9-2, no one complained about the smell nor wanting to puke. Then she changed her review falsely claiming all her staff also wanted to puke and I was also rude to all her staff.
  In my reply to her ****** review, I concluded that people should also see her other very nasty negative ****** review on another business. KM as of Aug 15 2024, only wrote 2 reviews on ******, all are vicious attacks on businesses as she wasnt happy the other business not willing to do her favour free of charge when she asked them, HEY, can you do me a favour?. Then on Aug 15 and Aug 16 she wrote two FAKE very nice positive reviews on 2 other businesses, to show the public there is a benign side of her, vs her spiteful nasty side.
  Not only she did not rescind her malicious ****** review, she doubled down with more embellishment and ******* attacks calling me RACIST *****************. I was waiting for her till Aug 17 to feel remorseful so to rescind her unwarranted attacks, but to no avail, so I wrote her an email, saying her libel has caused damages to my reputation and my business income, her $1000 damage deposit is retained. $1000 is not even enough cover the damages she has caused. Also told her that I have withdrawn my good will, not to refund her the unused rent of Aug 11, as she agreed it is not refundable, and it is her own choice to cancel Aug 11 use of my kitchen, with lame excuse of the exaggerated smell. I told her if she dispute the retention of her security damage deposit $1000 and the unused non-refundable rent for Aug 11 $320, she should take me to Court.
  On August 19, ****** removed her review on my business citing it is against ******s policy. But KM already inflicted damages on me and my business, and there are other online defamation materials written by KM that I am yet to come across. I appreciate that BBB wants to mediate, but with such a malicious and spiteful and unreasonable person, her dispute should be addressed via Court and Police, so I respectfully ask BBB to deny her complaint to be published online, like what ****** did.

  Customer response

  21/08/2024

   
  Complaint: 22166353
  
  I am rejecting this response because:
  
  ***************** has NO right to retain my $1000 security deposit due to an online review on MY platform. All I need is my $1000 security deposit. I am here asking you kindly to let this man pay me back my security deposit as I did NO damage to his kitchen. How can ones security deposit be retained over an online review? This is insane! I will not rest until he pays me my money. 
  
  Sincerely,
  
  *******************

  Business response

  22/08/2024

  Appreciate that BBB wants to mediate. The damages Kerrista ***** (KM) has inflicted on my name and business are far bigger than her $1000 damage deposit, so please ask her to e-transfer me another $9,000, as $10,000 is the acceptable out of court settlement for defamation lawsuit. KM should consult a lawyer that she would be liable for a defamation lawsuit where Canadian Courts usually award damages far bigger than $10,000 for malicious ****** review like hers. Though KM is not remorseful at all, but she should now know that there are consequences for her nasty actions, and that the damage deposit not only covers kitchen/property damage, but also damages to personal and business reputations.
  KM has been abusing ****** Review, BBB and Vancouver Coastal Health Complaint processes to hurt and spite people, with the malicious intentions that her complaints would lead the *********** to shut me down, her libelous ****** Review (and other social media platform) and BBB Complaint would deter others from doing business me, so to harm me financially. ** also has been asking her friends/colleagues to email and phone me, to harass me.
  KMs attacks are relentless. She already said she wont rest attacking and harassing until she gets her $1000 deposit back (while I was willing to refund her $1000 damage deposit plus the non-refundable rent of $320). KM may only stop attacking/harassing when she and or associate(s) get arrested by Police and charged with criminal offences or locked in jail or served with Court papers. Her colleague *************************** via email dated Aug 20 and phone call on Aug 21, has threatened me with legal action if I dont refund KM $1000. BBB should not condone her malicious and nasty behaviours any longer, but close all her complaint cases, and let our disputes be handled by the Court and or the Police.

  Customer response

  22/08/2024

   
  Complaint: 22166353
  
  I am rejecting this response because:

  For one, my ****** review is still public and will remain public. 
  

  Also, I have all right to freedom of speech. I have voiced my experience with this establishment to every organization who would possibly need a commercial kitchen within my community since this incident. They have all taken heed and expressed their sorry with what I had to go through. 
  

  I have spoken my truth and will continue to do so, forever. I had the worst experience working with this person and I am just warning other folks. 
  

  What does this person expect of me? To be intimidated by his threats? Just so he knows, this story is reaching all the right ears and they are all listening. So what will he do? Say that I am lying when I have all the evidence? 
  

  Also, to even think that I would be visiting a kitchen smelling like sewage again is very absurd to me. Regret is even an understatement to describe how I feel about associating myself with this business. 
  

  I am a business owner myself and I have never seen any other owner in my life treat unhappy customers this way. Instead of owning up to the situation, this man has all the time in the world to argue back and forth instead of accepting the truth. 
  

  I will NOT apologize for speaking my truth. This is MY truthful story and everyone should hear it.  I will feature it on the news too. 
  

  How do you feel to falsely retain someones hard earned money? Is it my fault that your kitchen smells like that? NO! 
  

  I even got a call from a VCH health inspector yesterday that he went to the establishment but this man told him that it was closed for renovations. So if this persons kitchen was perfect, why is it closed ironically at the time when I made the complaint? 
  

  Evil will never win *****************. I have spiritually called on my Elders and my ancestors to take charge of this situation. This is a wicked act and I promise you, you will come to this realization soon. I know you already see that nobody wants to do business with you. 
  

  Pay me back my $1000 deposit and let us go our separate ways. I have ZERO interest in doing ANY form of business with you in my entire lifetime. 
  

  
  Sincerely,

  *******************

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩