Sunday, August 16, 2009
Two local apartment complexes have filed lawsuits against multiple former tenants, alleging they caused damage totaling hundreds or thousands of dollars.
Attorneys for the complexes, Saddlebrook and Saddlebrook West apartments in Waco, says the suits are justified. But some targeted tenants claim the apartments are acting unfairly.
The complexes, located in West Waco, are some of the most upscale in the area. Many tenants are well-paid professionals.
During the past two years, the complexes have filed at least 34 suits against former tenants. A few are pending. Some have been dismissed, and others have resulted in judgments for the apartments, with amounts ranging from about $500 to nearly $10,000.
Last month, however, a former tenant prevailed at trial. Baylor University associate professor Sung Joon Jang and his wife had been sued by Saddlebrook West for alleged damage to the carpet and countertops.
The Jangs contend they left the apartment in better condition than when they moved in. Their attorney, Dan Tilly of Waco, tracked down the previous tenant, who testified in court that her family had either caused or inherited the problems for which the Jangs were charged.
The jury ordered the complex to pay the nearly $12,000 in legal fees the Jangs have incurred.
Jeffrey Sprigg, a Plano attorney who represents both complexes, said Saddlebrook West is appealing the verdict and is optimistic it will prevail. His partner, Israel Suster, said the fact that the complexes have won most of the suits is an indication they are acting legitimately. He also said the number of suits compared to the number of tenants is small.
Saddlebrook has 216 units and Saddlebrook West has 241 units, he said.
“In the apartment industry, that’s always a common complaint,” Suster said of tenants claiming they did not cause damage. “. . . Everyone thinks it’s unfair when they get sued.”
A Tribune-Herald review of court records found no other local apartment complex has filed multiple suits against former tenants. Suster said that doesn’t mean his clients are overly aggressive, however.
What most complexes do to recover unpaid damages, Suster said, is send claims to a collection agency. The former tenants then get “harassed” without the benefit of a third-party arbitrator like a judge, he said. Plus, the complexes usually only recover a fraction of the money due, he said.
Because of that, the apartments’ owners have decided that bringing suit against former tenants is the best option, Suster said. He added that most of Saddlebrook’s tenants are sophisticated people with the resources to hire an attorney.
Saddlebrook is owned by a company called MAJ Partners, and Saddlebrook West is owned by another firm called Z, Z & Z Properties. The two companies have common investors, Sprigg said, and some are from the Waco area.
Tilly disputed the assertion that most tenants are equipped to fight lawsuits. The reality is that many do not have money to hire a lawyer or the time necessary to defend themselves, especially if they are moving out of town, he said.
The Jangs’ experience with Saddlebrook West began two years ago, when the family moved to Waco from out of state. When they arrived, the carpet in their unit had multiple stains, Tilly said.
That was a special problem for the Jangs, since their custom is to remove shoes before coming indoors, Tilly said. They asked the management to replace the carpet but were denied, he said.
Another anomaly the Jangs noticed after move-in was a cutting board glued into the kitchen countertop. When they asked a maintenance worker about it, they were told it was normal for the complex, Tilly said.
A year later, when the Jangs’ lease was about to be up, they contacted the apartment’s staff about doing a walk-through. The purpose of a walk-through is to check for damage for which a tenant might be liable.
The staff acted surprised that the Jangs wanted to be present for the walk-through, Tilly said, and stalled in setting a time. Because of that, the Jangs ended up vacating the apartment without a walk-through.
Not long after, the Jangs received a letter stating they owed damages totaling about $1,450. If they did not pay within five days, the letter said, they would be liable for more than $4,200 because of fees that would kick in for violating their lease agreement.
When the Jangs went to the complex and asked to see the alleged damage, they were denied, Tilly said. The next day, all of the carpet from the apartment was removed, he said.
At trial, apartment staff presented photos they said were of carpet stains. But the photos are so close up, there is no way to know the true nature of the stains, what room they were in or even if they were in the Jangs’ apartment, Tilly said.
In preparing for the trial, Tilly learned the carpet in the Jangs’ apartment had not been replaced since the complex was built in 2001.
“The day they moved in, the carpet was 6 years old,” Tilly said, noting that the complex has a six-year depreciation schedule for carpet.
Tilly also tracked down the previous tenants. The wife testified at trial that the carpet had some stains when her family moved in and that other stains had occurred during the two years they lived there. She also said the apartment had been flooded on more than one occasion.
The prior tenant also testified that the kitchen countertop had been damaged when someone in the family set a hot pot on it, Tilly said. She notified the apartment of the damage, she said.
The complex chose to “fix” the damaged portion by gluing the cutting board over it, Tilly said. Photos of the burned area underneath the board were introduced at trial.
“What the apartments were doing was rather than pay that as maintenance costs was to charge Dr. and Mrs. Jang,” Tilly said.
Tilly said his clients are pleased with the jury’s decision.
“It has been unquestioningly an issue of principle and integrity,” Tilly said. “They felt accused of something they did not do. . . . One of the things that was important to them was that they make an example,” so others in the community don’t have the same trouble.
Sprigg, the apartments’ attorney, said he did not want to get into details of the case because of the appeal. However, he said the Jangs violated their lease agreement by not doing the walk-through. He also said he thinks they caused the damage, saying there were inconsistencies in the previous tenant’s testimony.
Plus, Sprigg said, it wouldn’t make sense for the complex not to sue the former tenant if she had caused the damage, if the apartments are as aggressive as some claim.
Tilly disputed that, saying he thinks the previous tenants were not sued because the wife is an attorney and had properly notified the complex of the damage.
Another local couple who say they have been treated unfairly are Mike and Karen Singleton. She is a teacher at Waco Montessori School and he is in sales. They lived at Saddlebrook Apartments until a year ago.
Like the Jangs, the Singletons hired an attorney after receiving a letter from the apartments demanding payment for carpet damage. The amount was relatively low — about $800. But the couple decided to fight it out of principle, said their attorney, Josh Tetens of Waco.
If there was damage to the carpet, it was the result of the apartment flooding after a toilet hose disconnected, Tetens said. The couple came home from work one day to find water running out the front of their unit, he said.
The Singeltons immediately contacted management and stayed in another unit for 10 days while their carpet was cleaned. That involved cutting it in multiple places so that fans could blow underneath to dry it out, Tetens said. That opened the Berber carpet up to fraying, he said.
Plus, it was not properly reinstalled, Tetens said. For example, the area near a threshold was not glued down. The Singletons told management they wanted the incident noted in their file and were assured they would not be held responsible for damage related to the incident, he said.
When it came time for the Singletons to move out, they scheduled a walk-through, Tetens said. No one showed up at the scheduled time, however, and the couple ended up moving out without doing the review, he said.
Their case is pending.
Sprigg emphatically denied that the complexes try to avoid doing walk-throughs with tenants. In fact, he said, the apartments’ staff encourage tenants to participate in walk-throughs so any potential issues can be quickly sorted out.
cculp@wacotrib.com
757-5744
Comments
By Johnnyb
Sep 5, 2009 9:06 AM | Link to this
Naturally when a complex "shows" an apartment it's in great shape. That's how they sucker you in. Saddlebrook does this big time. My complaint is the apartment we actually got from saddlebrook had lots of messed up crap. Broken tiles on the floor, cabinets falling apart, paint in horrible condition, chips in fake wood floor, and NOT cleaned to include carpet stains along with carpet problems. However we were stuck with it. Moved from out of state and already signed a lease. The only thing that will "save" you is note EVERYTHING on the form, and take pictures / video. It's a digital world folks. Video is your friend.
By Someone who knows you and the situation
Aug 21, 2009 3:36 PM | Link to this
In response to ıYour a Liarı who we assume is no other that Philip Schuler, (ex resident, debtor and ex employee of Saddlebrook west apartments), your title should be ıI am a Liar!ı In reference to the young lady that was brutally murdered by her ex boyfriend years ago, her stuff was held in storage for over a year and her family was never sued. They were called repeatedly several times per month to come and retrieve her belongings. After 11/2 years, they finally did. They were never sued, and you can check with public records at the JP court in Waco to confirm this. You should not have written the NSF check to SBW for your last months rent, which indebted your grandfather to SBW. You are the one to blame for your spiteful attitude, not the apartments that gave you a huge discount to live there as an employee and a resident.
By Latrice
Aug 19, 2009 1:42 PM | Link to this
I really enjoyed reading all of these articles, and the comments back and forth among the different sides. However, all the spiteful comments, and comments that exude hatred do not impress me! It sounds like a spoiled child is writing them and he has just had his favorite toy taken away. Whoever made the uneducated comments about SB and SBW owners and the manager and apartments in Dallas, you are simply wrong!
I went to the secretary of state web site and found out the owners are exactly who the paper stated they were. As for Centerpoint Apartments there is a totally different owner than the ones you mentioned. Go to there web site if you donıt believe me!
As for Kendra, (whoever), at least she had the guts to mention her name and why she felt the way she did. You simply stated your name was, ıYouıre a Liarı which it sounds like you are. The people you mentioned might be shareholders in these companies, but you better learn the difference between a share holder and an owner.
You sound so angry, and it seems almost as if you might have experienced litigation problems yourself! (And lost!) Itıs funny that you seem to think you know everything about the case mentioned in the paper, were you there? These Waco attorneys definitely have an advantage over those who work for the 2 apartments and reside in Dallas.
I have always been one who enjoys hearing both sides of the story, and I have learned that the one who usually talks the most is the guilty party.
The Waco Attorneys have had a lot more air time and exposure. The Dallas attorneys have made their point and are professional in the way that they conduct their business.
Have you heard the old saying, ıA closed mouth catches no fliesı? It is my understanding that the Jangıs case has been appealed, and I know that in appeals things can always turn out differently.
In closing I would like to say I enjoyed the comment about the TAA Lease and the addendums that one lady posted. To answer her question I would think that stamps and addendums would only emphasize that SB and SBW apartments are trying to get their residents to understand. Maybe they have experienced these conditions in litigation before and simply want to make the residents aware of what they fell is important in their contracts. If you have ever read the TAA lease, you must know that it is 6 pages long and the writing is very small. I can see where past residents might have complained or stated that they did not realize certain clauses were in their lease contract. I also feel it is very brave of SB apartments to invite anyone out to look at an apartment that is ready to move into.
I will always respect people who divulge their identities and are straight forward with their opinions. For the ones who hide behind names like, Youıre a Liarı, or ıMaint. Manı you sound like people who donıt think that debt should be paid. Your kind appalls me! In fact if you look at the state our economy is in today, the banks gave loans and signed contracts with people such as yourselves and look what happened. I guess to you the banks are slum lords too!
P.S. Shame on you for your slander about the ladies that work at SB and SBW, I imagine you could ask any resident and they would tell you what great people they are. I know several people who live there who adore them and say they have never experienced better management. As far as I know there has never been an elderly assistant manager that has ever worked at either of these complexes
By Previous tennant w/ just the facts
Aug 18, 2009 11:54 PM | Link to this
I have a previous experience with Saddlebrook West. When it came time to move out, we had to really pester management to schedule a walk through with us present. The woman I met with was an elderly woman (assistant manager). We couldn't get the silver disks under the coils in the stove clean enough to our satisfaction, so we bought new ones. This is how well we cleaned and took care of our apartment. She was very pleased with the condition we left our apartment in. There was a small piece of candy stuck in the smaller bedroom carpet (smaller than a dime), but she was not concerned b/c she said they already planned on replacing the carpet when we left. She told us to expect our entire deposit back and we all signed the walk through papers. About 2 months later we got our deposit less about $100. When I called to find out about the rest of our money, I was told that it went toward carpet damage. When I told them about the walk through and our paperwork, I was told that the lady that did the walk through was no longer working there and that we would have to pay for the carpet. It was cheaper than hiring an atty, so we didn't fight it. We knew we could never recommend this complex after experiencing their unethical practices. I will continue to tell my story in hopes that others will not make the same mistake we made by living there. Please avoid both of these apartment complexes.
By American
Aug 18, 2009 5:08 PM | Link to this
It sounds to me that everyone is making a big deal out of nothing! The truth is business men are in business to make money. If you have ever paid a credit card payment late, you know what the repercussions are. I think most of us pay our mortgage or rent on time so we do not end up in court or possibly homeless after that. I feel for both sides. If things boil to a point where you have to go to court, someone will loose. It is a shame that we can not work out contractual differences without a judge deciding what is right and what is wrong. In this case, I will defer to the judges decision and respect it. Shouldnıt you?
By Tony
Aug 18, 2009 4:58 PM | Link to this
Did anybody notice the pictures that the attorney in the paper was holding up? They were only black and white but anybody could tell there was severe carpet damage. It looked like there were severe bleach stains and a hole torn in the carpet. This in no way looks like flood damage to me. If the Jangsı carpet looks like that, I can understand why they were charged for damage, regardless of depreciation or not. Just because you live on a carpet for a certain amount of time does not give you the right to destroy it!
By Maint. Man
Aug 17, 2009 10:30 PM | Link to this
Since all the cantor on here is from Saddlebrook employees and owners you keep talking about contracts and leases why don't you the read the part about normal wear and tear oops! you missed that part. I don't think I would be on here defending myself if I were Saddlebrook They froze my daughters bank account and had court dates without ever sending a registered letter. well Saddlebrook I will tell you crooks one thing you won't get any more of her and my grandbabies money and the only reason you sue these people is because you know they have money if everyone of your tennants are DRs. lawyers and professionals as you say. Enjoy your negative pulicity Saddlbrook I think if I were you people I would keep my mouth shut and let this go away.
By Your a liar
Aug 17, 2009 8:44 PM | Link to this
Mr. Ratso as a matter of fact, no the family of the murdered woman did not sue Saddlebrook West....but oh wait a minute, Saddlebrook West did sue them!!! They were sued for not paying for the storage unit they had that poor womans belongings in. Then when the family could not pay for it, Mr. Zidell "liquidated" all of her belongings. In the paper the Zidell's attorney states that the properties are owned by 2 other companies, MAJ Partners and Z,Z & Z properties, when in fact they are both owned by 2 sons and there father. Mike & Jeff Zidell are the brothers and Alan Zidell is the dad. You guys can figure out the rest, oh and the 3rd party collection agency that they "don't use" is JSZ financial (Jeff owns that one).
By Your a liar
Aug 17, 2009 5:39 PM | Link to this
The comment by Kendra Hientzelberger is hilarious!! She is the mutant red head who works for Jeff Zidell (Saddlebrooks owner) at his Dallas complex. Centerpoint Apartments on Frankford Rd. in Dallas. If you think what the Waco residents have to say is bad, look up the Centerpoint reviews on ApartmentRatings.com. I worked and lived at the apartments and have never met such terrible crooks and slum lords. Your right, no one has to sign the lease, but when looking for a home you stumble upon Saddle Brook, you are promised the world, in return you get a glued on cutting board, what are you to do? This is really funny because the maintenance man they have was notorious for duck taping, caulking and glueing everything that needed a repair. The Zidell's will get everything they give back and I'm so happy to see it is finally happening. Oh and those wonderful Waco bred, bottle blonde, orange skinned meth addicts managing and leasing at the apartments are GREAT!! Enjoy your stay!
By John
Aug 17, 2009 5:12 PM | Link to this
I am an apartment owner and I just want the readers to understand that most of the apartments are owned and financed by lenders. We have mortgage payments to make, electricity bills, water bills, TAXES, payroll, repairs and maintenance, locator fees, and several other expenses. When we take losses , itıs just another expense that we have to pay and shouldnıt have to pay because of broken contractual agreements. We live and die by the lease contract and the addendums that people sign when they move in. If these contracts are not considered fair, the resident always has the right not to sign them or lease at our apartments. We are just trying to make a living like everyone else, and have bills like everyone else. I think itıs a unique idea to try and recoup money through the legal system. I have never done this because it is simply too expensive. If SB apts chooses to do so and can afford to do so, I donıt see anything wrong with their actions. The ex-residents always have the right to counter-sue and plead their side of the story. If SB has won most of itıs cases, then a Judge and or Jury must have agreed with them. If they actually garnish peopleıs checking accounts then they must have spent a fortune to finally reach the point where a garnishment could be filed. Itıs only the culmination of a long process of trying to collect a debt.
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