Aviana at Tuscany

PLEASE READ IF YOU ARE RECEIVING PROBLEMS FROM AVIANA UPON MOVE OUT

From: -Anonymous-
Date posted: 8/2/2008
Years at this apartment: 2009-01-01 - 2009-01-01
1 response

OBVIOUSLY AVIANA TRIES TO SCREW EVERYONE OUT OF WHATEVER THEY CAN. I RECENTLY HAD THIS UNFORTUNATE EXPERIENCE AND HOPE THAT I CAN HELP SOMEONE OUT WHO MAY BE GOING THROUGH THE SAME THING. AVIANA WANTED TO KEEP MY DEPOSIT AND CHARGE ME SOME $700 ON TOP OF WHAT I OWED. I KNOW I THOROUGHLY CLEANED THE APARTMENT, BUT THEY TRUMPED UP CHARGES AND SAID THEY HAD "PICTURES" TO SHOW THE STATE OF MY APARTMENT. WELL, I FOUGHT THEM FOR A YEAR THROUGH LETTERS AND EVENTUALLY THEY TOOK ME TO COURT. THE PICTURES THEY HAD WERE A JOKE (THEY TOOK A PIC OF BEHIND THE WASHER WHICH WAS ALL DUSTY WHICH I LAUGHED AT BECAUSE I HAD TOLD THEM IT WAS FILTHY BEHIND WASHER WHEN I MOVED IN). THERE WERE I BELIEVE FIVE PICS TOTAL AND NOT ONE ACTUALLY SHOWED ANY UNCLEANLINESS OR DAMAGE DONE TO THE APARTMENT ITSELF. THEY WERE OF TOTALLY RANDOM THINGS. LONG STORY SHORT, THE CASE WAS DISMISSED, I TOLD THEM TO KEEP THE DEPOSIT (WHICH WAS ONLY $300, BUT I DID NOT PAY THEIR OVERCHARGES). THEY TRY TO BULLY PEOPLE INTO GIVING THEM MORE MONEY BUT THEY DO NOT HAVE ANYTHING TO BACK IT UP.
SO IF YOU MOVE OUT PLEASE PLEASE PLEASE LISTEN TO ME SO YOU DO NOT HAVE TO GIVE MONEY TO A PLACE THAT DOES NOT DESERVE IT.
1) WRITE A LETTER OF EVERYTHING THAT WAS WRONG IN APARTMENT, NO MATTER HOW SMALL, AND WHETHER MANAGEMENT FIXED IT OR NOT. I HAD SUCH A LETTER AND IT SHOWED THE NEGLECT ON THEIR BEHALF.
2) IF YOU CAN TAKE PICS YOURSELF BEFORE YOU TURN IN KEYS DO IT, BUT IF YOU CANT DONT WORRY ABOUT, I HAD NO PICS BUT A WITNESS WHO SAW APARTMENT
3) JUST DOCUMENT EVERYTHING!!! EVEN IF IT IS AFTER THE FACT. IF YOU ARE THINKING ABOUT MOVING OUT OR MOVING OUT SOON, START DOCUMENTING EVERY PROBLEM YOU HAVE HAD SINCE YOU MOVED IN, GIVE A COPY TO THEM AND KEEP ONE YOURSELF
4) IF THEY COME AFTER YOU FOR MORE MONEY, FILE A REPORT WITH THE BETTER BUSINESS BUREAU. THEY HAVE TO REPLY. I DID THIS AND THE MANAGER ADMITTED IN HER REPLY THAT IN A SIX MONTH PERIOD THEY NEVER FIXED MY DRYER. I PRINTED THIS OUT AND BROUGHT IT TO COURT WITH ME. THE BBB PROBABLY CANT GET YOU YOUR MONEY BACK, BUT IT IS A RECORD OF YOUR EXPERIENCE AT APARTMENT.
5) THIS IS THE BEST PART. THERE ARE TWO NEVADA REVISED STATUTES THAT PROTECT YOU THE RENTER. THEY ARE NRS 118A.242 (SECURITY) AND NRS 118A.290. THE FIRST ONE STATES THAT IF THE LANDLORD FAILS OR REFUSES TO RETURN THE REMAINDER OF A SECURITY DEPOSIT WITHIN 30 DAYS AFTER THE END OF A TENANCY, HE IS LIABLE TO THE TENANT FOR DAMAGES. THEY CAN ONLY CHARGE YOU FOR DAMAGES "BEYOND" REASONBLE WEAR AND TEAR, AND THEY HAVE TO BE REASONABLE CHARGES. ALSO THE LAW STATES THAT YOUR CLAIM TO DEPOSIT AS A TENANT TAKES PRECEDENCE OVER THE CLAIM OF THE CREDITOR OR THE LANDLORD. IN SHORT, THE LAW IS ON YOUR(!!!!!) SIDE. YOU CAN GOOGLE THESE LAWS AND THEN PRINT THEM OUT. IF THEY SEND YOU A BILL AFTER YOU MOVE OUT, IMMEDIATELY RESPOND IN WRITING THAT YOU DISPUTE THE CHARGES AND MENTION THE LAW NRS 118A.242. REQUEST YOUR DEPOSIT (MINUS FLAT FEES FOR CARPET ETC) IMMEDIATELY UNDER THAT LAW.
IF THEY PERSIST IN THEIR CHARGES, KEEP RESPONDING IN WRITING WITH THE SAME LETTER, TO THEM, THEIR CREDITOR AND LAWYER. ALSO THEY CANNOT CHARGE YOU INTEREST IF A BILL IS IN DISPUTE. THEY ATTEMPTED TO DO SO WITH ME AND THAT ALSO IS AGAINST THE LAW. IF YOU DISPUTE A BILL, INTEREST CANNOT ACCRUE!
THESE PEOPLE ARE JOKERS, WHEN I CONFRONTED THEM WITH THE LAW, THEY COULD NOT EVEN MAKE A RESPONSE. THE DAY WE WENT TO COURT, WE DID NOT EVEN MAKE IT INTO THE COURTROOM, BECAUSE THEY KNEW THEY DID NOT HAVE A CASE. AVIANA FILED A MOTION TO DISMISS. I ALMOST WISH WE HAD GONE IN BECAUSE UNDER THE LAW I MAY HAVE BEEN ENTITLED TO RECEIVE SOME OF MY SECURITY BACK. I JUST LET THE $300 GO SO I COULD BE DONE WITH THE WHOLE THING. ITS BEEN ALMOST TWO YEARS BEGINNING TO END.
ANYWAY I HOPE THIS HELPS...BE STRONG...AND DONT LET THEM BULLY YOU INTO TAKING YOUR HARD EARNED MONEY!!! THEY ARE LIARS AND TOTALLY UNSCRUPULOUS. OH AND THAT WONDERFUL MANAGER THEY HAVE, SHE DIDNT EVEN SHOW UP, SENT A MINION TO DO HER WORK!!
PLEASE REPLY IF YOU HAVE ANY QUESTIONS!!

Last updated: 5/2/2009

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