This is the letter my daughter sent to The Fingers Company
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I am having an issue with the above location. I went in on May 26, I viewed an apartment and I gave the $50.00 application fee and a $300.00 deposit. I was told after 72 hours you do not get your deposit back; however I was later told if the application process takes longer that I would get my deposit back. They did say it could take four to five days. At the time I submitted the application I was working with Jamie the assistant manager. I asked if I had to give my current landlord she advised me no we should not have to use her. I told Jamie that my current landlord did not know I was looking and I am not sure her reaction. She said that would be fine we probably would not need her.
I called the following day to check on my application and Jamie was out sick. I was told somebody would contact me. I waited until later that afternoon which is now May 28th. I was told again Jamie is out and my application is still being reviewed and somebody would call me tomorrow. I never received a call at any time to let me know how the process was going.
Between May 28th and May 29th I called in again and I was told my application was on hold because of my background. I was told when this comes up the process stops. I still never received a phone call from anybody on my application. When I called back again I was told my background check was cleared, but now I was told I needed a cosigner. My mother agreed to cosign for me, she did submit the application online. I called to check to see if they had gotten it and they did verify that they had.
I needed to have my mom come in to sign and give the $50.00 application fee. I went in there with my mother on May 31 and she signed and gave the $50.00 application fee. At this time I asked what happens to my deposit then because it is after the 72 hours. I was told that if it takes longer then I would still get my deposit back if the application is still being reviewed. I was never told if I canceled at any time now I would not get my deposit back.
In the mean time I had been contacted for my current landlady information. I said I would give it to them but really did not want to because she did not know yet that I was looking to move. I did give the woman on the phone her name and phone number. I then contacted my current landlady to let her know somebody would be contacting her for a reference on an apartment. She did not take it well. She asked if she should put the place up for rent yet and I told her no because I did not know if I was approved yet.
In the meantime she did stick the for rent sign out and had gotten calls to view the apartment and at this time she gave me an ultimatum to either sign another year lease or plan on moving. I had not heard back from the apartment yet. I really had no other choice but to sign another year lease. I called and talked to Jamie on the June 2nd and told her I had not heard back from anybody there in a week. Everyday I called I was being told my application is still being reviewed.
I told her the situation that I had to sign another year where I was at. She asked me if there was any way my landlord would let me out of it and if I could call her and ask her. I did call, and I did ask, however she told me no. I called Jamie back. I called back on either June 3rd or 4th asking about my deposit. Jamie told me I would get it back in 30 to 60 days. She never informed me that I would not be getting my $300.00 back.
I received a letter in the mail over this past weekend June 20th telling me I was being charged a $300.00 cancel fee. I called the property and spoke to a woman who told me I canceled after the 72 hours so I lost it. I told her I was told who I thought was Jamie, that as long as the application was still in process that I would get it back. She informed me this is not the policy and I would have to call back on Monday June 22nd and talk to Jamie, as she is the one who does the books as well. I did realize later that I was in there on the 31st and that is when I was told about it being past 72 hours and it was not by Jamie.
I called back on June 22nd and spoke with Jamie who denied telling me I could get my deposit back and that I was the one who canceled. She had told me I would get it back in 30 to 60 days. She said she did inform me that all they needed was my current landlord to contact them back and I was approved. This does not mean I am approved then. I asked her what would have happened if they couldn't have gotten a hold of her and I was not approved? Then what would I have done? I called my current landlady and she said she was never contacted nor had any messages for her to contact anybody.
I really did like this property and had very much wanted to live there but I was put in a situation where I had to make a decision and the employees at the property were not giving me any answers. I do not feel my deposit should be kept because the staff did not process my application in a timely manner.
I have now called The Finger Companies four times and spoken with Chuck twice on this issue. I have realized after the phone call on 6/23/09 that this issue is not being taken seriously.
I received a letter in the mail over this past weekend June 20th telling me I was being charged a $300.00 cancel fee.
Thursday June 25
I recieved this reply from The Fingers Company;
Based on the Rental Application Agreement, a binding legal document, signed by you, we are keeping your deposit as liquidated damages as defined in paragraph 3 of that document. I apologize for any misunderstandings or miscommunications that may have arisen over this issue.
Sincerely,
Charles S. Willits
Charles Willits
The Finger Companies
99 Detering, Suite 200
Houston, Texas 77007
Voice 713.867.7044
Facsimile 713.867.7030
With all that said, I had to pay $50.00 for a background check to be her co-signer. We knew that was unrefundable. The lady we spoke to that day said in front of me... She would have no trouble getting her deposit back if this process wasn't completed in the 72 hours. They didn't say anything if she cancelled because the process was not done in a timely manner she would loose her deposit. This is a very dishonest way to do business!
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