Complaints

• Initial Complaint

  01/04/2025

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We are currently in a state of emergency for cold weather. I submitted a maintenance request for my hot water being out this morning. 5 hours later after no response I called the after hours line. She tild me she would put out an emergency request order. 2 hours later and no call I called back and they tell me they wont do anything about it until Monday at earliest because this is not an emergency. So I cant shower or have access to hot water for Two more days during a severe snow storm because they dont want to send anyone because its not an emergency

  Business response

  01/06/2025

  Thank you for allowing us the opportunity to address the recent complaint submitted by one of our residents regarding a hot water issue. We take all resident concerns seriously and strive to provide prompt and professional service to ensure their comfort and satisfaction.

  On the day the resident reported the issue, our maintenance team promptly assessed the situation. It was determined that the hot water tank required a reset. This was completed on the same day the resident placed the maintenance request, restoring full functionality to the hot water system.

  While we understand the resident's frustration, it is important to note that this situation did not meet the criteria for an emergency maintenance request. The resident did have access to water, albeit not hot water, and the issue was addressed as quickly as possible within standard operating procedures.

• Initial Complaint

  11/05/2024

  Complaint Type:

  Billing Issues

  Status:

  Unresolved

  More info

  Rented an apartment at ************************ and signed a lease with *************** Property **************************** expired Aug. 31, we terminated and ************** was purchased and transferred to *********************************** in spring 2024. We did not sign a lease with them.Requested touch-up paint 4 times they said no and that they would take care of it.We still patched the holes after seeing they charged $55 for every 10 nail holes.We were not asking for a gallon, or even a quart of paint, just a small container. Deductions from $800 security deposit included $290 for a full repaint of both bedrooms, dining room, and living room.Also included a deduction for damage BEHIND the refrigerator and stove which they admitted was wrong and returned an additional $35. No apology for that even being included in the first place. They stuck to the remaining amount for the painting saying that the lease addressed the issue of paint it did not. Our lease with *************** never addressed paint and, in fact, rule #** specifically permitted small nail holes and lease allowed for normal wear and tear.We were specifically told by previous management that we could hang anything we wished.I wish to note that they deducted nothing for bathrooms and kitchen because I had paint and was able to restore those walls to the condition they were in when we moved in. No one could find a sign of a nail hole.We take issue with Mountain Creek coming in and forcing us to pay their expense of turning over the apartment. Shouldnt fresh paint be expected any time an apartment changes hands? It is unconscionable and an unscrupulous business practice to use a Catch-22 of not supplying paint to restore walls, but, at the same time, expecting those walls to be restored. It creates a no-win situation for the tenant, and it is an underhanded way for them to get tenants to pay for everything. We are seeking the return of the $290 deducted for full painting.I can supply documentation.

  Business response

  11/08/2024

  
  Thank you for allowing us to address the concerns regarding the deductions made from their security deposit after their tenancy at ************************. We appreciate the opportunity to clarify our position and demonstrate that these charges are both justified and consistent with the lease agreement.

  Justification for Painting Charges
  Upon inspection of the premises at move-out, we observed numerous wall patches of excessive nail holes across various rooms, including both bedrooms, the dining room, and the living room. These areas contained visible white patches resulting from attempts to repair nail holes. While we acknowledge the tenants efforts to patch the walls, the extent of these patches disrupted the consistent appearance of the walls and went beyond typical "wear and tear."
  Based on the photos, it's evident that multiple areas throughout the unit have patched spots from nail holes, which create visible white patches across the walls. These numerous patches go beyond what would typically be considered "normal wear and tear," as they disrupt the uniform appearance of the walls and require full repainting to restore a consistent and presentable finish.
  Given this extent of patching, spot touch-*** would not adequately address the issue, as the contrast between the patches and the original paint is quite noticeable. Therefore, a prorated painting charge was applied to cover the necessary repainting of the affected areas in the unit,as allowed by the lease terms.

  Excessive Nail Holes and Wall Patches Lease Provision on Damages (Section 13):
  According to Section 13 of the lease agreement:
  Tenant agrees to occupy the Premises in a careful, clean,safe, and proper manner, to suffer no waste or injury to be done, to pay for any injury or damage occurring to the Premises as a result of tenants act or negligence and, upon vacating the Premises, ... to leave the Premises in the same condition, including the condition of cleanliness and sightliness as upon his entry on the same, natural wear and tear excepted
  

  The large number of patched nail holes left visible white spots throughout the home. Due to this, the walls required professional repainting to restore the unit to a uniform, move-in-ready condition for the next tenant. Photographic evidence is attached, illustrating the extent of these patches and supporting our decision to apply a prorated painting charge.
  
  Requests for Touch-Up Paint
  The tenant requested touch-up paint to address the patches.However, it is our policy not to supply touch-up materials to tenants, as this does not guarantee a uniform finish across all walls. Spot touch-*** are typically insufficient for restoring the property to a consistent appearance,particularly with light-colored walls where patched spots can be highly noticeable. Thus, a full repaint of the affected areas was required to bring the unit back to a suitable condition.

  After review of lease and move out inspection, we have determined that the deductions made from the tenants security deposit were fair and in line with the terms of the lease agreement. While we appreciate the tenants efforts to patch the walls, the extent of the required restoration justifies the charges applied. Therefore, we will not be reimbursing the resident, as all charges are fair and consistent with industry standards.

  Customer response

  11/14/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below. There was no offer made.

  
  I would like to refute the claims made by Mountain Creek in their answer.
  

  They said there were numerous patches that required full repainting. They may want to blame the patches for the full repainting, however, there were many water stains and cracks on walls and ceilings due to a leaking roof and backed-up gutters. In the back portion of the apartment, the walls had dropped away from the ceiling drywall so there was a gap between wall and ceiling and the drywall tape was loose. All these things would have required fixing and repainting.
  

  They went on to say that they couldnt do just spot touch-*** because of the nail hole patches being white. They contradict themselves later in the reply saying they dont supply touch-up paint to tenants because it wouldnt match. Which is it? Walls can be touched up or they cant.
  

  Furthermore, if a full repaint between tenants isnt a normal practice, thats unsanitary and disgusting. Also, in our 3.5 years living there we ALWAYS saw the painter at apartments being turned over.
  

  If they plan on only doing spot touch-*** between tenants, then why wouldnt they supply the touch-up paint as requested? I have been a graphic artist for more than ***************************************************************************** the bathrooms, kitchen, stairwell or garage because it was seamless. It was much, much better than the patches the professionals did after the major plumbing work that was done during our tenancy. Those patches were obvious even after they painted, and I hung something on the wall in the bathroom just to hide some of it.
  

  They keep saying the nail holes (patches) were excessive, but never define excessive and that word isnt mentioned in the lease we signed with *************** Management. That company told us to hang anything we wished, even inviting us to hang TVs. Furthermore, they freely offered and PROVIDED touch-up paint which I used.
  

  We maintain this whole dispute could have been avoided if they had simply provided a small container of touch-up paint. They contradict their own statements on touch-*** and small nail holes were expressly PERMITTED in our lease. They think they can buy the property and change the rules. Just because they say it is their policy doesnt make it fair, equitable or right. To further illustrate the character of this company, they tried to charge us for damage behind major appliances. When we called that out, they admitted it wasnt justified but retuned a measly $35 for that charge.
  
  Sincerely,
  ****** and ******* *******

  Business response

  11/26/2024

  Thank you for the opportunity to address the concerns raised by a resident regarding deductions from their security deposit following their tenancy.

  
  The residents occupied the unit from June 2021 to August 31, 2024, under a lease initially managed by *************** Property Management and later transitioned to MountainCreek Property Management.

  Upon move-out, $290 was deducted from their $800 security deposit to cover the cost of repainting specific areas of the apartment due to excessive nail holes and wall patches. Following a reevaluation, a $35 refund was issued for a charge related to paint behind appliances, reducing the total painting charge to $255.

  
  Justification for Painting Charges
  During the move-out inspection, numerous wall patches from excessive nail holes were observed across multiple rooms, including the bedrooms, dining room, and living room. These patches resulted in visible white spots that disrupted the uniformity of the walls. While we acknowledge the tenants efforts to patch the walls, the extent of the patching went beyond normal wear and tear.

  Photos of the unit show that the patched spots were prominent and significantly impacted the overall appearance of the walls,necessitating the repainting of certain areas. Spot touch-*** would not have been sufficient to address the contrast between the original paint and the patches. Therefore, a prorated charge was applied to cover the labor and materials for repainting the affected areas, as permitted under the lease agreement.
  
  Lease Agreement Provisions
  The lease agreement states:
  Tenant agrees to occupy the Premises in a careful, clean, safe and proper manner, to suffer no waste or injury to be done, to pay for any injury or damage occurring to the Premises as a result of tenant's act or negligence and,upon vacating the Premises, to deliver the keys to the landlord or its agent,and to leave the Premises in the same condition, including the condition of cleanliness and sightliness as upon his entry on the same, natural wear and tear expected; any necessary cost or expense for cleaning, or for damage to the Premises or any part thereof including but not limited to walls, carpeting,equipment, counter and sink tops, kitchen and bathroom fixtures and windows and screens, or the making of new keys to be charged to the tenant which charges may be deducted from the security deposit..
  The visible disruptions caused by excessive nail hole patches required repainting to restore the unit to its original condition. The charges applied reflect only the labor and materials for the damaged walls and do not include the cost of a full apartment repaint.
  
  Touch-Up Paint
  Spot touch-*** rarely achieve consistent results, especially on light-colored walls, where patched areas remain highly noticeable.Repainting the entire affected walls was necessary to restore the unit to its original condition at the time of move-in.
  

  Proposed Resolution
  While we stand by the validity of the deductions under the lease agreement and industry standards, we are committed to resolving this matter amicably. As a gesture of goodwill, we are willing to issue an additional $55 refund, reducing the painting charge to $200.

  Thank you, 

  Customer response

  11/29/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
  

  
  Once again, Mountain Creek has failed to address the inconsistency in their reply. 
  

  In paragraph five, they state, Spot touch-*** would not have been sufficient to address the contrast between the original paint and the patches. Note that they infer that they would normally only do spot touch-*** between tenants, not a full repaint. 
  

  In paragraph seven, they state, Spot touch-*** rarely achieve consistent results as justification for not providing touch-up paint as we requested multiple times. 
  

  Which is it? Spot touch-*** work and they regularly use them, or they do not, and a full repaint is usually used. Keep in mind, we lived there for 3.5 years, not just a few months. 
  

  Again, we signed our lease with *************** Management and in our lease, Rule #**, it stated: Small nails are permissible. Also, *************** offered and freely provided touch-up paint to their tenants, which I accepted. I was able to patch small holes in the kitchen, two bathrooms, stairwell, and garage because I had the touch-up paint from WR. They make no complaint about those patches, proving that I did a professional job. Unfortunately, the paint I had for the living room and bedrooms had dried out and was unusable, so we find ourselves in this Catch-22.
  

  I further maintain that the walls needed a full repaint anyway due to water stains and cracks from a leaking roof and constantly clogged gutters which caused water to pour in the windows and into the wall. The tenants below us reported the water leaking into their apartment at the exact place where water went into the window. We reported these things multiple times while we were tenants, and they were not addressed. In addition, the buildings foundation was slipping down the slope and the drywall on the walls and ceiling was separating and the tape was loose. That would also have required repair and repaint.
  

  Mountain Creek tries to get tenants to pay for the necessary expenses when they turn over an apartment with their unfair and ludicrous rules. In their move-out packet, the itemized list states that they charge $55 for every TEN holes, -inch or less. So, a tenant is left with an option to pay that or patch the walls as I did. If they provided touch-up paint as the previous management company did, there would be no issue here at all, although, I wonder if they wouldnt have found something just as ludicrous. 
  

  I dont know if they take advantage of all the tenants that move out in this way, or if we were singled out because we are senior citizens and they think were pushovers, stupid, or both. My husband and I have owned and rented many places in several states over our lifetimes, and weve never seen a management company so unscrupulous and cheap.
  

  While I appreciate their gesture of goodwill, its not enough. 

   

  Regards,
  
  ****** *******

  Business response

  12/02/2024

  Dear Better Business Bureau Representative,

  Thank you for forwarding the follow-up response regarding complaint ID ********. We stand by the facts and clarity of our initial response and offer the following firm clarifications to address the points raised in their latest communication:

  Regarding Spot ********* vs. Full Repaint:
  As outlined in our original response, spot touch-*** are not always sufficient to address significant visual inconsistencies, particularly in areas with substantial patches or contrasting paint colors. While spot touch-*** are a reasonable approach for minor damage, the limitations of achieving consistency, especially with older paint, may necessitate a full repaint. These statements are not contradictory but demonstrate the careful consideration given to restoring the unit to a leasable condition.
  

  Lease Terms with *************** Management:
  Section **************************************************************************************** woodwork without prior written consent. The complainants have admitted to failing to obtain such consent, constituting a direct violation of the lease.
  

  Condition of the Walls:
  We have no record of maintenance requests for water damage or foundational issues affecting the interior walls during the complainants tenancy. It is our policy to promptly address any reported maintenance concerns. If these alleged issues existed but were not reported through proper channels, the responsibility does not rest with us. The charges in question are solely for tenant-caused damage, as documented during the move-out inspection.
  

  Move-Out Charges and Policies:
  Our move-out policies are transparent, explicitly outlined in the lease agreement, and reiterated in the move-out packet provided to all residents. These policies are applied uniformly and without exception. The charges assessed for wall repairs reflect the labor, materials, and time required to restore the unit to a leasable condition. These are standard practices that ensure fairness and consistency across all residents.
  

  Goodwill Offer:
  Despite the damages exceeding ordinary wear and tear, we extended a goodwill offer to reduce the charges. This offer was made in good faith to provide an amicable resolution. It is neither required nor reflective of any liability on our part.
  

  Allegation of Targeted Treatment:
  The complainants baseless accusation that they were targeted due to their age or any other characteristic is categorically false. Our company upholds strict policies of equal and fair treatment for all residents. Such unfounded allegations are entirely without merit.
  

  We consider this matter resolved with the goodwill offer extended. If the complainants choose to decline this offer, we request the immediate return of the mailed check. Beyond this, we will not engage further on this matter and respectfully request the Better Business Bureau to close this complaint.
  

  Thank you for your time and assistance.

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

  
  

  Customer response

  12/06/2024

  Better Business Bureau:
  
  I have reviewed the response made by the business in reference to complaint ID ********, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

   

  While Ms. ***** may consider this complaint closed, we do not. We wish our complaint to remain visible on the BBB website as unresolved and I am passing this communication on to the Ohio Attorneys General, as I have opened a complaint there as well. If they no longer wish to engage, fine.

  To address their latest reply, which is really just a rehash, I still maintain that they are inconsistent in stating that touch-*** are often not enough and therefore they do not allow tenants to have touch-up paint. However, they state that the ONLY reason they couldnt do touch-*** and had to do a full repaint was because of my patches. How is that NOT inconsistent? You do touch-***, but tenants cannot? Mountain Creek had no complaint with the bathrooms, kitchen or other places where I had paint and was able to patch and paint the walls.
  

  Ms. ***** is incomplete when she quotes Section 15 of our lease. What it states is that tenants may not drive nails or screws into the wall except as permitted by the rules and regulations. Rule number 11 says Small nails are permissible. We were not in violation; we followed the rules. 
  

  Furthermore, the former office staff as well as the maintenance people told us verbally that we could hang anything we wished. They even suggested we hang a TV over the fireplace, creating holes in two walls to do so. We did not do that. Should we not have taken them at their word?
  

  Once again, the previous management company also provided touch-up paint which I used to touch up all the rooms. Unfortunately, the paint for the rooms in question had dried out and was unusable. ************** refused to provide more. Had I known before the complex was sold, I would have requested paint under the old management.
  

  The policies of ************** are far different than the previous management and no notice was given before the transfer or after, that those policies were changing. It wasnt until we were moving and received our move-out packet that they explained those policies which included a charge of $55 for every ten nail holes, one-quarter inch or smaller. That is ludicrous, so I patched the holes myself. Because they couldnt charge us for the holes, theyre charging us for the paint. 
  

  So, their tenants can choose to hang nothing on the walls or pay their business expenses for paint. It is unfair and unjust and they are taking advantage of their tenants. 
  

  In closing obviously there was no goodwill in the gesture of returning an additional $55 since they asked for it back. We will return the check.
  

   

  Regards,
  
  ****** *******

• Initial Complaint

  08/03/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am sending you a message to complaining about not having adequate air conditioning with this heat.. There is a window air conditioner in the enclosed kitchen that only cools the kitchen. Bedrooms are at least 80+ degrees this issue has been going on for three weeks now. my rent is due and I’m getting frustrated. The apartment manager tells me there is a refrigerant and coolant shortage right now. That’s not my fault thank you a heart

  Business response

  08/03/2022

  There has been a back order on refrigerant.  We are doing our best to get it in stock to restart the Central A/C unit.  We were unaware tenant needed a second window unit.  One will be installed today. 

*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. ↩