Control Number: 45435 Item Number: 12

Control Number : 45435
Item Number: 12
Addendum StartPage : 0
PUC DOCKET NO. 45435
§
§
COMPLAINT OF MELANIE BITTONE
AGAINST
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PUBLIC
&"88ftON
§
§
KINGWOOD LAKES APARTMENTS,
ADARA COMMUNITIES AND
CHOWDARY YALAMANCHILI
§
§
COMPLAINANT RESPONSE TO RESPONDANT DENIAL
COMPLAINANT hereby submits the following response to RESPONDENT's DENIAL to
COMMISSION Order No. 1. Respondents submissions are, indeed, incomplete, and. so misleading that
they should be disregarded.
However, at minimum, they reveal. numerous questions that require
resolution in order for the COMMISSION to fully and fairly adjudicate the matter. Complainant therefore
wish to enter clarification for these proceedings.
1. JURISDICTION
COMPLAINT CANNOT AGREE OR DISAGREE: It's possible the Commission may not have
jurisdiction over these proceedings.
Kingwood Lakes Apartments located at 3700 Kingwood Dr.,
Humble TX 77339, is located in the City of Kingwood TX, Kingwood in spite of a Humble mailing
address was its own municipality prior to annexation by the City of Houston. In 1996, the City of Houston
annexed Kingwood and all of zip code 77339, bringing the subdivision under the City of Houston Water
and Sewer services. Currently the City of Houston maintains jurisdiction over Water utility complaints
for all sub-metered residents. It is unclear if the City of Houston has jurisdiction over non-sub metered
or allocated consumer complaints. The City of Houston has requested Complainant submit a formal
complaint to the City of Houston to make a determination. Complainant has complied with this request.
COMPLAINANT AGREE the Commission has no jurisdiction over Gas utilities and further agree the
Commission has no jurisdiction over complaints of fraud. Complainant however disagree with Staff, the
Texas Railroad Commission has jurisdiction over allocated Gas utilities.
The Texas Railroad
Commission has jurisdiction over sub-metered natural gas consumer complaints and does not regulate
allocated gas utilities. The Texas Attorney General or the District Attorney has jurisdiction over allocated
natural gas utilities.
II. REPLY TO FIRST DENIAL
a) Rule 24.122 "Owner Registration and Records" Alleged Violation
Page 1 of 10
id-
COMPLAINANT AGREE she signed a Lease Agreement dated February 27, 2015. Attached to this
Lease Agreement was a Water/Waste Water addendum. This addendum reflects under Section 4.
Allocation Procedure, method (iii) average occupancy for (PUC) avg. for no. of bedrooms. On Page 1 of
Lease, Paragraph 9. Special Provisions; reflects a hand written statement of a flat rate of $54 per month
for water. Paragraph 9. Supersede the Water/Waste Water Addendum attached to the lease. Therefore,
Complainant agree she initialed this statement and therefore does not dispute the flat rate of $54 for water
for the period of February 27t", 2015 thru August 27", 2015.
COMPLAINANT DISAGREE: Complainant disagree she signed a lease or provision for a $47 flat
rate. Complainant signed a Lease Agreement dated February 24"', 2014 with no provisions for a flat rate.
Attached to this Lease Agreement was a Water/Waste Water addendum. This addendum reflects under
Section 4. Allocation Procedure, method (iii) average occupancy for (PUC) avg. for no. of bedrooms.
The Lease, specifically Paragraph 9. Special Provisions makes no mention of a flat rate of $47 per month
for water, During the period of February 24, 2014 thru February 24, 2015, Respondent did not provide
a "Notice of Intent to Change Billing Method". At no time during February 24, 2015 to February 24,
2015 did Complainant receive a notice to change billing from the allocated method in the Water/Waste
Water Addendum to a flat rate. At all times during this period Complainant expected to receive a monthly
water bill as outlined in the Lease Agreement.
LEASE AGREEMENT: The Lease is a legally binding contract under the laws of Texas. During the
lease, one party cannot change any terms of the lease agreement without the other party's consent.
Unless an agreement is reached, the parties must abide by every term in the lease agreement including
any attached addendums. At all times pertinent, complainant was current on all rents and was a duly
authorize tenant. Re'spondent had a contractual obligation to meet its duties under the lease agreement at
all times, including calculating water/waste water utilities under the terms of the agreement, submitting
a monthly bill under the terms of the agreement and registering with the TX-PUC under the terms of the
agreement. Respondent failed to meet its contractual agreement.
COMPLAINANT DISAGREE with Respondents implication, because respondent charged a flat rate
for water, Respondent was not required to register with the Commission. During multiple conversations
with Respondent representatives, Complainant was told the flat monthly water charge was based on the
monthly water bill the complex received from the City of Houston. The flat rate was allocated among
all tenants to cover the bill. During the meeting on or about February 1 Ph 2015, it was explained to
Complainant the complex receives a monthly bill, deducts 5% for common areas and the remainder of
the bill was allocated among tenants in a flat rate. Moreover, all tenants regardless of occupancy, square
footage paid the same amount. Because the bill was allocated among tenants, Respondent was required
Page 2of10
to be registered with the Commission. Throughout the above meeting, Respondent was adamant
Kingwood was in compliance with all TX-PUC rules and regulations regarding Water/Waste Water
allocation. At no time during this meeting did Respondent admit Complainant was over-charged or
offered a refund of overpayment.
Throughout Complainant tenancy with Kingwood, at all times
Respondent maintained Water utilities were accurate and fair.
Required Conversion to approved allocation method. An owner using an allocation formula other
than those approved by the commission were required to provide notice under §24.123 or adopt a method
approved by the Commission or install sub meters. The Respondent failed to do any of the following:
(1) adopt one of the methods offered by the Commission or (2) install sub meters and begin billing on a
sub metered basis; or (3) discontinue billing for utility services.
COMPLAINANT AGREE she was given access to only copies of 6 months of Water bills for the
complex'
COMPLAINANT DISAGREE she was given access to the actual calculations based on subdivision
(iii) average occupancy for no. of bedrooms in unit
COMPLAINANT DISAGREE she was given the formula, occupancy factors and percentages used to
calculate tenant bills. Respondents admit they did not use a formula based on occupancy or dwelling size
and therefore had no such records to provide Complainant
COMPLAINANT DISAGREE she was given total number of occupants or occupancy based on
dwelling size or number of bedrooms. Respondents admit they did not utilize occupancy or dwelling size
to allocate the water and therefore had no records to provide to Complainant.
COMPLAINANT AGREE she drove more than 42 minutes and approximately 26.3 miles from her
apartment in Humble TX 77339, to Respondent's office at 4420 Cypress Creek Parkway, Houston TX
77068 also known as 4420 FM 1960 West Houston, TX 77068, to view the limited records presented.
COMPLAINANT DISAGREE she was given a choice to view the records in the onsite Leasing Office.
Respondent did not give Complainant an option other than to drive 42 minutes to Respondents main
office at 4420 Cypress Creek Parkway, 26 miles away. Respondent never offered or presented any other
option to Complainant other than driving the long distance. The Rules are very clear as to Owner options
in making records available to tenants upon written request.
COMPLAINANT DISAGREE she would be charged more under the new allocation methods.
Attached is Exhibit 1 and Exhibit 2. (back of statement exhibit 3) Under the new allocation method, the
attached statements reveal a different story.
To protect the current tenants from retaliation from
Respondents, the names and apartment numbers have been hidden. The attached YUBS statements reflect
Page 3of10
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single bedroom. 700 sq, foot apartments with two occupants. You will notice the water bill for tenant A
is $59.21 for period 12/02/2015 thru 01/04/2016 while Tenant B also a single bedroom, 700 sq. feet, with
two occupants is $52.47 for the same period. Complainant was a single occupant in a one-bedroom
dwelling, also 700 sq. ft. Based on the current generated YUBS statements, Complainant water bill
would be less than $52. In spite of the inconsistencies on the statements i.e. tenant A is charge multiple
billing fees while tenant B statement has no billing fees; Complainant contends she was overcharged by
Respondent for all periods in question, particularly February 24, 2014 thru February 24, 2015.
COMPLAINANT DISAGREE the current billing is in compliance with PUC Rules. Among other
items, Respondent has not received Approval from the Commission prior to billing. In addition,
Respondent failed to have tenants acknowledge the new billing in writing or changes in Lease Agreement.
Respondent sent out a notice and began billing without tenant consent to changes from a flat rate to a
method approved by the Commission. Tenants occupying one bedroom dwellings with single occupancy,
have seen a reduction from $54 to an average of $35 per month, while tenants in single bedroom
dwellings, with two occupants have average around the same as the flat rate of $54 per month. Tenants
in two and three bedroom dwellings with multiple occupants will have a substantial increase in cost. A
cost which is unjustified in light of these proceedings and in violation of PUC Substantive Rules.
III. REPLY TO SECOND DENIAL
b. Rule 24.124 "Charges and Calculations" Alleged Violation.
COMPLAINANT Agree the Respondent has made the conversion to an allocated utility method.
COMPLAINANT Agree the Respondent has filed the required Registration of Sub metered or Allocated
Utility Service with the PUC on December 30, 2015. However, Respondent has been allocating
Water/waste water to tenants for several years.
COMPLAINANT DISAGREE Respondent has complied with Rules regarding Rule 24.123 Rental
Agreement in its conversion process. Respondent has begun billing tenants without the changes in
writing or agreed upon in Tenant Lease Agreements. Further, Respondent has begun billing tenants
without the approval of the Commission. Respondent lumps several fees and utilities into one bill.
• "7enctnt Crgr eernent to billing method changes. A n owner shall not change the
method by which a
tenant is bi/led unless the tenant has agreed to the change by signing a lease or other ivriften
agreement. Thc:^ owner shall provide notice of the proposed change at least 35
days prior to
implementing the new method".
IV. REPLY TO THIRD DENIAL
Page 4 of 10
c. Rule 24.123 "Rental Agreement" Alleged Violation
COMPLAINANT DISAGREE, Respondent provided accurate averages. Respondent admit tenants
were charged a flat rate thereby eliminating the need to print and submit tenant water bills. Paragraph 7.
Previous average is based on the average bill for dwelling units in the previous year. Respondent admits
bills were not submitted and further admits to charging a flat rate to all tenants. There are no averages
of low and high bills if all tenants paid the same water utility throughout the previous calendar year.
COMPLAINANT DISAGREE Respondent offered a $200 rental concession for over payments.
Respondent on February 27, 2015 maintained all water utilities were, accurate, fair and just, and offered
no apology or concessions for overcharges. Respondent has maintained throughout these proceedings
all water charges were accurate, just and fair and therefore denies any and all allegations of violations of
PUC Rules. Complainant maintains she was offered $200 rental concession in exchange for signing the
"Release of Liability and Concession Addendum" (lease Exhibit 4 and Exhibit 5)? The letter dated
October 1, 2015 from Kathy Maxie was sent certified mail on October 26th approximately four days after
Respondent received a copy of the Informal Complaint. Respondent purposely makes reference to the
"Release of Liability Concession Addendum" in a different reference in order to confuse the issue and
the relevance to these proceedings. The "Release of Liability Concession Addendum" is integral to these
proceedings.
V. REPLY TO FOURTH DENIAL
d. Rule 24.125 Alleged Violations
COMPLAINANT DISAGREE Respondent Credited Complainant with $160. Complainant moved out
on August 27, 2015. Complainant paid her full rent through August 27th 2015 and paid her full. Utilities
on August 281h 2015, leaving a $0 balance. Respondent attempted to charge Complainant a late fee on.
August 12, 2015 of more than 100% on the late utilities, however after Complainant brought to
Respondents attention the maximum allowable late fee on utilities is 5%, Respondent made a DoubleEntry in accounting to remove the late fee. This is substantially different from providing Complainant a
credit. It was a simple Double-Entry in accounting records. In addition to the $160 Respondent also
charged Complainant $242 late fee on a $23.00 utility balance from February 2015. Again Complainant
paid all rent and Utilities for the month of February on February 2°d. Complainant had a $0 Balance.
Respondent charged Complainant $23 with an explanation Complainant was late 1 day in signing the
new Lease. Complainant has no control over when the lease is prepared and or presented for signing.
Respondent prepared the lease and presented the New Lease on February 28th 2015 which is the date the
Complainant signed the new lease. Respondent then charged the Complainant $242 in late fees for this.
This falls under the Texas DTPA which the commission has no jurisdiction.
Page 5 of 10
VI. Other Matters Relevant to the Complaint.
Respondent Chowdary Yaiarnanchili
Respondent Adara was under Respondent Yalamanchili direct supervision, employ and control at all
times relevant to these proceedings. Respondent Chowdary Yalamanchili is the Owner, Officer, Director,
General Partner, Managing Partner, Sponsor and or Managing Member of numerous Partnerships and
Investment Partnerships (See Exhibit 6). Mr. Yalamanchili creates partnerships, obtain loans from banks
and solicit funds from investors, he in turn, use these funds to acquire commercial properties including
Multi-family complex. To maintain control over the properties, Mr. Yalamanchili designates himself as
Managing Member or Director or Officer or President and his company Adara Communities as the
property manager. Prior to Adara Communities, the properties including Kingwood was managed by
CNC Investments.
CNC Investments is also owned by Mr. Yalamanchili.
This company filed
bankruptcy in 2013.
Through Adara Communities Respondent Yalamanchili controls more than 32,000 units in Multi-family
complexes throughout the State of Texas. (See Exhibit 7) Most if not all of these Multi-Family properties
currently sub-meter or allocate Water/Waste Water and have not registered with the Commission. As
General Partner, Managing Member and or Sponsor of the Partnerships, Mr. Yalamanchili developed the
business plan and model, as well as operating policies and procedures. Respondent Yalamanchili is
responsible for the management of operations and finances: he oversees, and is familiar with, every
segment of the management of these properties, including those activities related to Lease, utility
allocation and sub-metering, and tenant billing and collection.
Through Adara and the various
partnerships, Mr. Yalamanchili has complete control over the policies, procedures, books, accounts,
minutes, letters, memoranda documents and all policies of Kingwood Lakes Apartments and the list of
properties in (Exhibit 7) . Joint Enterprise.
Respondents, Lake Kylasam, Adara and Chowdary
Yalamanchili individually and d/b/a Kingwood Lakes Apartments engaged in a joint enterprise as such
that each is liable and responsible for the conduct of the other which resulted in these proceedings.
COMPLAINANT AGREE She is no longer a tenant at KINGWOOD LAKES APARTMENTS; In
violation of Subchapter H of Chapter 92 of the Texas Property Code (§92.331 - §92.335) Respondent
terminated Complainant lease (see exhibit 12) and or refuse to renew Complainant lease. Again, at all
times relevant to these proceedings Complainant paid her rent and was an authorized tenant of
Respondent Lake Kylasam,
VII. REGISTRATION OF SUBMETERED OR ALLOCATED UTILITY SERVICE
Page 6 of 10
Respondent's application for registration failed to list common areas in the complex.
The complex
consists of a community swimming pool and a relatively large laundry facility. Tenants pay market price
for use of the machines and should not be double billed for water.
VIII. ELECTRICITY
Complainant moved into Kingwood on March 3, 2014 and had the electricity put in her name on April
3, 2014 with Just Energy. Attached please find a complete statement from Just Energy from April 2014
thru October 2015. (see Exhibit 10). The estimated $60 due for the month of March 2014 was paid with
April 2014 rent. Complainant never received an itemized bill for Electricity for the month of March, she
simply made an estimate of the bill and included the amount with April Rent. Approximately five months
after signing up with Just Energy, Complainant received a demand to pay $86.08 for Electric, from
Respondent. This demand did not provide the period, usage, kilowatts, per kwh charge. (see Exhibit 11).
The complex has meters for Electricity. Respondent does not provide an Electricity Addendum in the
Lease Agreement and provides little information to tenants regarding when the meters are read, how
tenants are charged, who provides the electricity, if there are fees including late fees, billing fees etc. It
appears most tenants select their own provider, however, a few tenants rely on Kingwood to provide
electricity.
Tenants relying on Respondent, tend to pay substantially more than tenants with their own provider.
Exhibits 8 and Exhibit 9 are for the same tenant. Two different amounts due on the same date without
explanation or details.
The tenant apartment number is covered to protect her from retaliation.
Respondents do not properly read the meters nor submit detailed bills for Electricity to tenants. The only
demand for payment are through the notices taped to tenant's door. Complainant has spoken to a number
of tenants, those which have their Electricity in their names receive a monthly bill from their provider
detailing usage and price per kilowatt as well as other applicable fees. For those limited number of
tenants whom electricity is in Kingwood's name, tenants are not provided with proper meter readings or
invoices which include usage, price per kilowatt or any other charges. The attached exhibits are the only
demand for payment tenants receive.
SUMMARY
The Texas Public Utility Commission's Substantive Rules are written in such a way that most middle
school students can read and understand. Complainant however concede, perhaps the Commission has
Page 7 of 10
special provisions, exemptions and or rules, which are non-public and which complainant is not privy.
In such a case, Complainant, respectfully request access to ensure she fully understands the PUC
Substantive Rules as they relate to Water/Waste Water and Electricity. If additional exemptions and or
provisions are not available, Complainant seeks the Commission ruling and clarification on the following:
a)
b)
Does the Commission exempt Owners of Multi-Family Complex from Registration when only a
flat rate is allocated to tenants for Water?
Does the Commission exempt Owners of Multi-Family Complex from Registration prior to
billing tenants under method (iii)?
c)
Does the Commission offer a provision which exempts Owners from providing itemized bills to
tenants?
d) Does the Commission include a provision for Owners of Multi-family complex to require
tenants, to travel to an off-site office, business, or other location to view books and records?
e)
Does the Commission exempt owners of Multi-family complex from providing an itemized
statement for electricity, when the electricity is sub-metered?
f)
Does the Commission exempt Owners of Multi-family complex from providing, fair, just and
equitable billing to all tenants of the same complex?
It is emphatically the duty of the Commission to interpret the PUC Substantive Rules to say what is the
law. Those who apply the rule to particular cases must, of necessity, expound and interpret the rules. If
two rules conflict with each other, the Commission must, decide and weigh the protection of the consumer
with the rights of the Owner. The very essence of P.U.C. PROC Chapter 24 is to protect consumers to
ensure sub-metered and allocated utilities are just, reasonable and equitable for all tenants in the State.
The rights of each tenant consists of the right to claim the protection under the laws of the Commission.
One of the first duties of the Commission is to afford that protection, particularly, when sub-metered and
allocated utilities are unjust, unreasonable and unequitable. The acts of the Respondent are egregious,
flagrant and simply misleading at best. Respondents flagrant disregard for tenants' rights, the laws of
this state and the integrity of these proceedings are evident.
Page 8 of 10
PRAYER
WHEREFORE, PREMISES CONSIDERED, Complainant respectfully request the Commission
grant relief sought, assess administrative penalties for violations and afford current tenants the protection
of the PUC. Complaint in particular ask the Commission to weigh the economic harm of current tenants
and grant relief where possible.
Respectfully submitted,
Melanie Bittone
19780 Atascocita Shores Dr
Humble, TX 77346
Email: nielaniebittone(cr^msn com
Phone: 201-737-3789
Page 9 of 10
CERTIFICATE OF SERVICE
I certify that 10 copies of this document will be sent to the Public Utility Commission. I
further certify that a copy of his document will be sent to all parties of record on February 4,
2016.
AMelanie Bittone
Patrick L. Reznik
Braun & Gresham, PLLC
P.O. Box 1148
Dripping Springs, Texas 78620
Austin, Texas 78737
Lake Kylasam Limited
Partnership
c/o Chowdary Yalamanchili
4420 FM 1960 West
Suite 224
Houston, Texas 77068
Page 10 of 10
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Total Charges:
Due Date:
Statement Date:
W Yotta utility billing services
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$1,535.92
2/1/2016
1/8/2016
Utility Statement for Kingwood Lakes Apartments
3700 Kingwood
Kingwood, TX 77339
Current Rent and Lease Charges
Prior Balance
Rent
$784.95
02j01/2016-02/29/2016
$670.00
Rent and Leasing Charges due on 2/1/2016
$1,454.95
Current Utility Charges
Water & Sewage
Gas
Trash
Pest Control
Service Fee
- 01/04/2016
- 02/29/2016
- 02/29/2016
- n9/')ohn1c
$21
$1.00
$2.50
Current Utility Charges due on 2/1/2016
$80.97
Prior Balance
Rent and Leasing Charges
Utility Charges
$784.95
$670.00
$80.97
Total Balance Due on 2/1/2016
YUBS
Apartment #:
Yoffa utility billing services
PO.BOX 680746
Total Charges:
JIM
$1,535.92
Due Date:
2/1/2016
Houston- TX 77268-0746
Statement Date:
1/8/2016
*Balances are uploaded from your property management. It is
current as of the date of this statement if any changes or
payments have been made to your account since this date,
Please check with the office for your updated balance.
a0010aoo+ urpg
3700 KIN
VIM
KI
$1,535.92
OD DRIVE
OD, TX 77339
Pay amount due to the leasing office by date specifxed. You might
have a balance or additional charges through your apartments
leasing office that are not listed on this bill. For final amounts
due, please check with the offiee. Please note that although your
rent is due on the ist, your utility charges are not due untt116
days from the date this bill was mailed.
Yotta utility billing services I yubs.support@cybersoft.net
((401)-433-YUBS
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Total Charges:
Due Date:
Statement Date:
Yotta utility billing service B
40111110
$759.25
12/1/2015
11/13/2015
Utility Statement for Kingwood Lakes Apartments
3700 Kingwood
TX 77339
Current Rent and Lease Charges
-12/31/2015
$670.00
Rent and Leasing Charges due on 12/1/20;15
$670.00
Current Utility Charges
water & Sewage
Gas
Trash
Pest Controf
Service Fee
09/29/2015 -11/02/2015
12J01/2015-12/31/201S
12/01/2015-12/31/2015
12/01/2015 -12/31/2015
$60.75
$1.00
$2.50
Current Utility Charges due on 12/1/2015
$89.25
Rent and Leasing Charges
$670.00
Utility Charges
$89.25
Total Balance Due on 12/1/2015
$759.25
Please contact the Leasing Office with any questions regarding
your bili.
Please see reverse for charge explanations and messages
*P
YUBS
Yotta utility billing services
F'O.SOX 680746
Houston, TX 77268-0748
Apartment #:
Total Charges:
Due Date:
Statement Date :
+.aIll
$759.25
12/1/2015
11/13/2015
*Balances are uploaded from your property management. It is
current as of the date of this statement. If any changes or
payments have been made to your account since this date,
please check with the office for your updated balance.
ACwo9819 o1py
3700 KING WOOD DRIVE
^
KING WOOD, TX 77339
Pay amount due to the leasing office by date specified. You might
have a balance or additional charges through your apartments
leasing office that are not fisted on this bill. For final amounts
due, please check with the office. Please note that although your
rent is due on the lst, your utility charges are not due antall6
days from the date this bill was mailed.
Gas
Your rent charges have been included with your utility bill as a courtesy. Your
lease with the management will still serve as the control document for all
applicable rent charges.
Trash
Gas Services are provided by CenterPoint Energy. Your charges are based on a
flat rat e _per unit for your gas services.
Trash service is provided by Republic Services. Your charges are based on a flat
rate per unit for your trash service.
Water & Sewage
Pest Control
Water and Sewer services are provided by City of Houston. Service provider
issues bill, property management pays a portion to cover common area usage.
Remaining amount is paid by residents usi ng a multiplier based on square
footage and number of residents in your dwelling.
service Fee
Pest service is provided by Envirotrol Pest Control. Your charges are based on a
flat rate per unit for your pest service .
Utility bill allocation and statement processin
*This bill Is not from your local utility provider or from any other provider. Your charges are calculated using the service
provider bills issued most recently. Vacant charges are prorated from your move-in date.
This statement is generated by Yotta utility billing services (YUBS) based on information provided by the leasing office. For
billing questions or disputes please contact leasing office at 281-358-0819.
Please Remit Payment to:
Kingwood Lakes
3700 Kingwood Drive
Kingwood, TX 77339
281-358-0819
Pay Now Online
AML
t ' Share your email with the leasing office
WMIN
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Resident Login
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Enter your email and apartment number
and Click Submit
0 A temporary password will be emailed
Select New User Registration
Click go back to login page and enter
your new password
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Fit p r r
Kingwood Lakes Apartments
3700 Kingwood Drive
Houston, Tx 77339
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Melanie Bittone
19780 Atascocita Shores Dr. Apt. 435
Humble, TX 77346
October 1, 2015
Ms. Bittone,
Thank you for your recent inquiry to our office regarding the lease agreement between you and
Kingwood Lakes, apartment number 3605. We will do our best to explain all charges in detail.
•
Initial security deposit In the amount of $300 paid to Kingwood
Lakes. The lease dated
February 28, 2015 reflects the correct security deposit paid; $100 posted to security deposit and
$200 posted to a One-time non-refundable Risk Fee. The correction was explained to you in
detail during a meeting with our District Manager, Kathy Maxie, on February 27 ; 2015,
•
*Both lease contracts and the signed Risk Fee Agreement are attached.
Keys returned on August 28"',
201,5, walk through of the unit the same day. Attached to this
check was a statement with a $242.21 charge plus $160 In late fee. On this lease it shows a
lease start date of February 25, 2015 and a move-in date of February 24, 2014.
The dates on
the disposition statement are correct; your initial move-in date was in fact February 25, 2014,
not February 24, 2014 as you have stated above. The renewal lease date was in fact February
28, 2015; not February 25, 2015 as you have stated above.
o
A beginning balance of $242.21 is reflected as you have stated; the charges include a
prorate rent charge of $23.62 due as a result in a delay in signing the lease renewal on
February 28`fi, 2015; ►
ease expired February 24th, 2015. A prorated rent amount was due
in the amount of $716.81 for the August 1, 2015- August 27, 2015; a payment in the
amount of $658.21 was received on July 31, 2015, leaving a balance of $58.60. As a
result of the outstanding balance on your account a late fee of $160 was charged and
then removed, credited, on September 4tn, 2015 as stated on the move-out disposition
form.
o Total
due at time of move-out was $82.21; paid on September 5, 2015.
o
•
A refund in the amount of $100 was paid to you; no move-out charges were charged.
/am also requesting the return of rent overcharges February 24,
2014 through February 25,
2015.
A$200 rental concession was discussed during our meeting on February 25, 2015. You
refused to sign the Release of Liability and Concession Addendum therefore, the concession was
not given. You were
made aware of this during our meeting on February
27`h, 2015.
After a full audit of your account it has been brought to our attention a pet fee in the amount of
$350 was due as of your move-in date of February 25", 2014; no payments were received
towards the non-refundable fee of $350.
o Pet Addendum attached.
+
It was also brought to our attention a rental concession of $670.00 was posted to your account
on May 20th, 2014 in addition to a $99 move-in special posted to your account in September
2014; however the agreed move-in special on your Welcome letter states a total move-in special
of $500 was to be given; rental concessions in excess of $269 were given.
As it is stated Kingwood Lakes has no further financial obligation to you and your account is considered
closed. Please feel free to contact my office directly to discuss any areas of your account or lease
agreement documents if you have any other questions of concerns,
Regards,
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Exhibit 10
j
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Just En€rgy
P Ol. Box.4607^J8. Houston, Texas
77{356
?"1.856-5£7-g&74
F i.888 549-7^i9t7
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3700 KtNGUIf(UC}Cy DR #36Q5
KINGWOOD, TX 77339
Dear MELANIE BITTONE,
October 12, 2015
As per your request, please find the documents attached. If you have any questions or additional requests, please feel free to
contact us using one of the methods in the top right corner.
Sincerely,
Just Energy
Customer Service
Date Range: 4/2I2014 - 14i/i}2015
Hill No
Sill bate
Due Date
service
service
End
start
1 404066996
1403107006
14060S$4Q8
1406239989
1407102278
1408029822
141809550'S
1408271422
1409028052
1411045422
1412002830
1412051647
1501020861
1502009393
1 503036300
250404959g
1505032920
04/02/2014
05/12/2014
06/11/2014
04/03/2014
05/10/2014
06/09/2014
06/28/2014
06/26/2014
07/12/2014
07/10/2014
08/03/2014
08/12/2014
08/30/2014
09/05/2014
11/06/2014
12/02/2014
12J07/2014
08/01/2014
05/12/2014
06112/2014
06/28.2014
07/12/2014
08/03/2014
48/10/2014
08/12/2014
09/28120.14
08/30/2074
08/31/2014
11/04/2014
11130/2014
1210412014
09/05/2014
11/06/2014
01128/2015
02103/2015
03/05/2015
04/04/2015
05/04/2015
03/03/2015
04/02/2015
04/29I2015
03/0512015
04/04(2015
05104/2015
Current
Charges
Tax
Amount
Net Due
Amount
0
0.00
65.00
0.00
64:36
0.64
0.00
60.00
0.00
59.4.1
0.59
4.04
60:00
0.00
59.41
0.59
0.00
0.00
50,00
0.00
49.50
0.50
0.00
0.00
60.00
0.00
59.41
0.59
0:00
0.00
50.00
0.00
49.50
0.50
0.00
0.00
50'00
0.00
49.50
0.50
0.00
0.00
40.00
0.00
39.60
0,40
0.00
0.00
100.00
0.00
99.01
0.99
0.00
0.00
43.00
0.00
42.57
0.43
0.00
0.00
9.90
010
0.00
0.00
49.50
0.50
0.00
0.00
59.41
0.59
0.00
0,00
59.41
0:59
0.00
0.00
49.50
0.50
0.00
0.00
59;41
0.59
0.00
0.00
59.41
0.5:9
0.00
0
0.00
0
0.00
06/29/2014
Q
07/13/2014
0
08104/2014
0
08113/2014
0
08/31/2014
0
09/06/2014
0
1 U07/2014
12108/2014
02/03/2015
Adjustmeats
Applied
06/12/2014
12/0712014
01/03/2015
Payments
Received
05/13/2014
12/0.3/2014
01101/2015
$alancc
Fotsvard
Amount
04/04/2014
12102/2014
01/03/2015
KWH
Qvantdty
0
0
0
0:1/04/2015
p
02104I2015
0
03/06/2015
0
04105/2015
0
0.00
0.00
10.00
50.00
0.00
60.00
0:00
60.00
0.00
50.00
0.00
05/05/2415^ Ju 0Energy 0 00m
60.00
60.00
Jus
t
Just Energy
P.O. Box 46000 z, Houston, Texas
77056
RE1s#9 0052
1506030132
1507049316
1507284456
1508010688
05/04i2015
07103/2015
07/29/2015
08/03Y1015
1508212718
08/24/2015
1509001072
09102/2015
T 1-866-587-8674
F 1.83&-54&-7690
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0610212015
0711)112015
07/27/2015
08/01/2015
08/22t2015
08i31/2015
06/0412015
07l0312015
07/29/2015
08/03/2015
0610512015
0
07104,2015
(}7/30/2015
08/0*,2015
08/24/2015
08/2512015
09/02/2015
08l31/2015
0
0
0
0
0
0.00
80.00
0.00
80.00
0.00
9.00
0.00
0.00
0.00
www.JustEnergy.com
80.00
15:00
0.00
0:0a
79.21
0.79
0.00
0.00
79.21
0.79
0.00
0.00
8.91
0.09
0.00
0.00
79.21
0.79
0.00
0.00
24.75
0.25
0.00
0.00
-7.70
0:00
-7:'70
3
,^ ^ •
Kinmood Lakes Apartments
3700 Kingwood Drive
Kingwood, TX 77339
(281) 358-0819
(281) 358-4630
08/08J2014
Dear Resident(s),
According to o
ecords,
in the amount o 119.30
futl, in the form
u have an outstanding balance on your account
eCtric Balance This balance must be paid in
ey order, cashier check, or credit/debit card
imrnediatejly.
If you do not understand thi s letter or have any questions please contact the
office at (281) 358-0819.
Immediate attention to this matter is required,
Assistant Manager
Kingwood Lakes
Promise to Pay Date:
Balance must be paid in full by due date
of eviction will be filed
Ki.n;wood Lnkes Apnrtments
3700 Kingwood Drive
Kingwood, TX 77339
(281) 358-0819
(281) 358-4630
7/29/2014
Dear Resident(s),
According to our records, you have an outstanding balance on your account
in the amount of 1113.95'
his balance must be paid in full, in the form of a
money order, cashier check, or credit/debit card immediately.
If you do not understand this letter or have any questions please contact the
office at (281) 358-0819.
Immediate attention to this matter is required.
Assistant Manager
Kingwood Lakes
Promise to Pay Date:
Balance must be paid in full by due date
or eviction will be filed
Kinwwood Lakes Apartments
3700 Kingwood Drive
Kingwood, TX 77339
(281) 358-0819
(281) 358-4630
08/08/2014
Apt. #: 3605
Dear Resident(s),
According to our records, you have an outstanding balance on your account
in the amount of $86.08 electric balance This balance must be paid in full,
in the form of a money order, cashier check, or credit/debit card
immediately.
If you do not understand this letter or have any questions please contact the
office at (2811358-0819.
Immediate attention to this matter is required.
Assistant Manager
Kingwood Lakes
Promise to Pay Date:_
Balance must be paid in 1l by due date
or eviction will be filed
_
-
^
^.
_.._ ...
. , _.... ._^.....
ADVANCE NOTICE OF LEASE TERMINATION
AT EN1? OF LEASE TERM OR RENEWAL PERIOD
07/02/20 15
Melanie Bittane
Date
(Names of all residents)
3700 Kingwood Drive # 3605
(Street address and dwelling unit number, if applicable)
Kingwood, Texas 77339
(City, State, Zip)
Re:
Notice to vacate at end of lease term or renewal period
TAA Lease Contract dated
02/2812015
between residents named above and
KINGWOOD LAKES (
owner)
Dear Resident(s):
Your current TAA Lease Contract expires on
08/27/2015
your -lease, we are writing this letter to give you sufficient notice of our- requ According to the advance notice provision of
for possession of your dwelling unit on
x'
202a Please consider this letter as tawful, , . to v^a
n that date.
an I^--
DATE notice was given by the method checked below
S
RE of own
representative
The notice was: (check at least one)
hand delivered to any one of ihe
/// vvV residents named above,
^ hand delivered to any person `16 or
older residing in the dwelling;
posted on the inside of the dwelling's
main entry door (not the screen door)
that has a keyless bolting device or
keyless deadbolt on it;
q sent by regular mail;
q sent by certified mail,
return receipt requested; or
0 sent by registered mail.
n00d Lakes Ap^.rtmrents
3 700 Kingwood Drive
Kingwood, TX 77339
(281) 358-0819
(281) 358-4630
08/08/2014
Dear Resident(s),
According to our records, you have an
outstanding balance on your account
in the amount of $133.95 electric balance This
balance must be paid ^n
' full,
in the form of a money order, cashier check, or credit/debit card
immediately.
If you do not understand this letter or have any questions please contact the
office at (281) 358-0819.
Immediate attention to this matter is required.
Assistant Manager
Kingwood Lakes
Promise to Pay Date:
Balance must be paid in fu17 by due date
or eviction will be filed
THIS IS NOT AN EXHAUSTIVE LIST
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Allocated Water $65 average
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Allocated Water $25- $35 averaage
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(281) 890-1700
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Prestonwood Apartments
PAGE
0
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Allocated Water $25 - $44
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W
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e
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