I am looking for some advice regarding a small claims suit. I am in the beginning stages of submitting a claim against my apartment complex. I live in Texas and in Dallas County. http://www.dallascounty.org/html/departments/jp_courts/ The website above gives the fees. Can someone please explain the other items listed on this website? Do I need all of them?? Also, I am not the only one and this is not the only building. I have spoke with other tenants and their situation is worse. Any help would be greatly appreciated. THANKS! See attachment below: October 5, 2004 Settlement Investments Management Corporation (SIMC) 3131 Turtle Creek Blvd Dallas, TX 75219 Tammy Henry 3321 Esters Rd #1098 Irving, TX 75062 To Whom It May Concern: I'm writing this complaint because of a problem I recently encountered with Wind Tree Apartments (SIMC). I thought someone should know about it. I'm really annoyed by this. On June 2003 the management staff (Ms. Tracy) at Wind Tree leased Apartment #1098. This apartment is un-insurable. I attempted to obtain insurance on Apartment #1098 however; the apartment had a claim on it. The insurance company could not provide any specific information about the claim due to the Freedom of Information Act (FOIA). I would like to also add--the unit on the backside of my apartment is vacant due to continuous floodage. That particular apartment floods regularly therefore, the water flows directly into my apartment. This situation inflames me. The fact I was placed in an un-insurable apartment is outrageous. I presented this scenario to the apartment manager, Brandy. She stated she called headquarters with the situation--per headquarters she could only offer me to relocate my family to a different apartment within the complex. I pondered on this offer. The cost which I would incur are: Utility transfer fees Telephone transfer fees Moving truck rental fees Time-off work Cleaning apartment fee And then the inconvenience of changing the address on subscriptions, driver's license, credit cards, memberships, banks, and with Homeland Security. Last but not lease the packing and unpacking of my furniture and personal items. The fact of the matter is that I would be paying for a mistake Wind Tree made, not me. I am quite sure it is clearly noted in Wind Tree Apartment rental files which apartments are rentable. Building 3323 and building 3321 have occupied and unoccupied apartments, which flood every time it rains. The drainage system is extremely poor (practically non-working). In resolve each time it rains, I must take preventive measures. I must remove carpet out of the kitchen, remove carpet out of the bathroom, and remove all items from the floor in the closet. Wetness brings mold, bacteria, and insects. This environment is not healthy for my 3 year old or myself. Wind Tree contacts Best Texas (a carpeting cleaning companyâ??contact number 577-2828) to assist with drying of the walls and carpet after floodage. Best Texas brings in high-powered blowers for drying. These blowers use more electricity than the average home appliance. Once again, I am paying for Wind Tree's mistake through my utility bill. I want to emphasize I enjoy my home, floor plan, neighbors, quite environment, and office staff. Will I recommend Wind Tree Apartments to people I know? Definitely not. This situation baffles me. SIMC has expected their rental payments every month. I, Tammy T. Henry, have consistently paid my rent on time each month. However, the company has failed to provide adequate housing. In the meantime, the company has continued to make a profit off a LEMON. As a consumer and a tenant this is unacceptable. On October 4, 2004 the Ms. Brandy, manager of Wind Tree, spoke with SIMC Headquarters via the telephone. Ms. Brandy advised headquarters that I would be filing a complaint to my Congressman. They stated, â??Just let her out of the lease.â? This was a slap in the face to keep me quite. SIMC has not made prudent business choices. Therefore, here is what SIMC should do to solve the situation amicably: With all facts considered, there should be no rental of floodable apartments in the complex AT ALL. This a health issue. I am firmly requesting a reimbursement of half of my rental fee ($540.00). This reimbursement should begin from June 2003 to the present month of October. This amount totals to $3780. This reimbursement is minimal compared to the inconvenience and health issues. Since, living in this apartment my 3-year old childâ??s health has diminished tremendously. Therefore, a copy of this complaint will be submitted to my childâ??s pediatrician. This information will be documented for future reference in case of other health issues, which may arise later. I hope you can settle this problem in a timely and professional manner. I look forward to a personal response in 10 business days. Cc: City of Irving Health Inspections Cc: Better Business Bureau Cc: Senator Cornyn Cc: Attorney General Greg Abbott Cc: Dr. Maria Fisher, M.D., FAAP Cc: Fox 4 News Cc: Wells & Henry, P.C. Frustrated Tenant, Tammy T. Henry henrytammyt@aol.com
