ComplaintsforMozart Management

• Initial Complaint

  03/07/2024

  Complaint Type:

  Order Issues

  Status:

  Answered

  More info

  In order to renew my lease, I am being forced to sign a document enrolling me in a credit reporting program, even though the form says that enrollment is not required as part of the lease. Furthermore, the utility billing has changed and I have not been given an opportunity to see the formula on how my utilities will be charged (since I dont hold the account). When I spoke to the property manager, he agreed this was left intentionally vague and could not guarantee that I would not be charged exorbitant amounts for my utilities and that if I wanted transparency I should move out.

  Business response

  03/19/2024

  The resident opposes a credit reporting service linked to our renewal documents that operates on an opt-out basis. The residents are unable to proceed with signing a lease and related documents without addressing this service. The program description does outline the option for residents to opt out and provides instructions on how to do so. She was informed she could opt out independently or we could handle it on her behalf. However, she declined both options, instead requesting the removal of the credit reporting program from her lease packet, which our software does not permit. We have provided the requested information regarding utility billing, including anticipated numbers for various utilities in her apartment layout and the billing methodology, via email and phone. The process is clear, and the resident was not informed of any intentional vagueness regarding utility billing. She sought absolute assurance against utility overcharges, but such a guarantee is not feasible due to the potential for human error.

• Initial Complaint

  03/31/2023

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  My fiance and I have been renting an apartment through Mozart Management. Our original lease was signed and began on 08/01/2020. We had to resign our lease in January 2021 as an addendum to be able to stay longer (1 year). We had continued to extend our lease and did a 8 month lease which would end 03/29/23. In November 2022, we were told we would need to sign if we planned to stay beyond March 2023 we would need to sign again. We chose a 6 month lease which would start 03/30/2023 and end 08/29/2023. In a turn of events we had the opportunity to purchase a house. We reached out to Mozart Management by email on Fri, Feb 10, 2023 to Jim V*** who handles move in/outs. I attached the email below from us to Jim and then his response on the same day. Per his email, we were under the understanding that as long as we were out before 03/29/23 and left the apartment "broom clean" that we would not be subject to the next lease as it had not started. On 03/31/23, my fiance noticed he had an email stating that April 2023 rent would be coming out of his account. He contacted Jim and was then told that he "didn't see the addendum" when he sent us the email telling us we were good to leave. He then stated that we would owe 3 months worth of rent for "terminating" the lease which would run from 03/30/2023-08/29/23 despite us reaching out in February. He also told us that we also would owe for April in addition to the 3 months for terminating. My fiance and I both spoke to him by phone, separately. I asked to speak with his manager and was told "no, they aren't in" and that "they don't speak with renters, that is what my job is for." He then suggested I send an email because they "sometimes" read them. I explained I was very unhappy with this, as we are now being told we owe $7,540 for the early termination. I said it was not my fault that he did not do his due diligence and told us by email we were good to leave. He told me that he did not have the authority to change a lease.

  Business response

  04/19/2023

  
  The complainants had a lease for the period of July 30, 2022, through March 29, 2023. On November 28, 2022, the complainants executed a renewal lease for the period of March 30, 2023, through August 29, 2023. On February 10, 2023, the complainants emailed Mozart Management to say they found a house and were planning on moving into it and wanted to terminate their upcoming renewal lease commencing as of March 30, 2023.  The complainants were then incorrectly advised by our staff that their lease ended March 29, 2023, and all they would simply need to do is vacate the apartment on or before March 29, 2023, turn over the apartment in a ‘Broom Clean” condition and return all keys and parking permits. Due to our error, we did not take into account and address the termination of the renewal lease and the financial consequences thereof.
  
  Complainants next contacted Mozart Management on the morning of March 31, 2023, after receiving an email about a renewal offer with respect to their lease ending August 29, 2023 (we send out renewal offers 5 months in advance). Complainants were understandably confused as they had moved out and had no plans to remain in the apartment. A second call came in from the other complainant at a time when no managers were in the office. This caller wanted to know the most money they might have to pay to terminate their lease. In the absence of managers on site, the response was cautious and conservative. The complainant was advised of the fees set forth in the lease for a lease termination.
  
  The lease allows for an early termination if two actions are taken at least 45 days prior to the new lease end date.   First, all parties must sign a lease termination addendum changing the lease end date and second, the outgoing tenants must pay a fee equal to three months’ rent. In the case of the complainants, the monthly rent starting March 30 was set at $1,885.00.  This lease termination fee does not cover the last month’s rent which falls within the 45-day period between the payment of the termination fee and the new lease end date.  If the complainants were held to the lease terms, they would have owed the three-month lease termination fee, which equaled $5,655.00 plus a final month’s rent, an additional $1,885.00 for a worst-case scenario of a total payout of $7,540.00.
  
  Subsequently that same day (March 31), once managers were on site and made aware of the situation, they reviewed the situation and decided to waive these lease termination fees. This information was communicated to both complainants on March 31, 2023. Specifically, the complainants were advised a zero-fee lease termination addendum had been prepared for their signature. They were explicitly advised they would owe no additional fees on their lease. As of this writing, complainants have not signed the zero-fee lease termination addendum even though it would be in their favor. The complaint to the Better Business Bureau was also filed on this same date, March 31, 2023.
  
  For the record, had the correct information been supplied in response to the February 10, 2023, inquiry, the complainants would have owed March rent, which they did indeed pay, and a three-month lease termination fee over and above March rent in the amount of $5,655.00.
  
  However, because of the miscommunication to complainants on February 10, 2022, and the time that had elapsed since then without any further communication, Management determined to fully waive the entire amount of lease termination fees.  
  
  Sincerely,
  
  Jim V***,
  Property Manager
  
   

*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. ↩