Chesson- Robert W. Attorney in Milford, CT

Ernesto Aguero wrote something

HAWTHORNE APARTMENTS
On Tue, Dec 26, 2017 at 8:34 AM, Ernesto Aguero wrote:

Amanda,

Your lawyer's office asked me to follow up directly with your office in order to get my check from the settlement as we had agreed. There has been no follow up from your lawyer (he did not even have the politeness to take my call and said I had no choice but to call you directly), and there has been no response by you.

If I do not hear from you today by the end of the day, I will let Small Claims Court know that you have been acting in bad faith, and will reinstate my suit not only for the money but also for the abuse and trouble that you have caused us.

I am convinced that your poor and tricky business practices are a reflection of the way Simon Konover manages his company, where a good chunk of revenue probably comes from trying to outsmart your customers. It is a shame to take advantage of customers, especially when those customers were excellent tenants in every aspect.

Ernesto Aguero

On Fri, Dec 22, 2017 at 11:11 AM, Ernesto Aguero wrote:
Amanda:

As per your lawyer, Robert Zhesson, I would be getting $1,500 back from you to settle my suit. I sent you the WITHDRAWAL from Small Claims Court by certified mail on 12/11. Is there any reason why you have not sent it yet? I think it is for your best interest to end this affair as soon as possible. I would appreciate if you let me know the date when we will be getting it.

Sincerely,

Ernesto Aguero

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On Sat, Oct 28, 2017 at 7:10 AM, Ernesto Aguero wrote:
Amanda,

The document from your lawyer is the renewal of the lease in 2017 on a month to month basis. The deposit that we are talking about is the one we gave for the first year rental, which is shown on the Lease Contract in 2016, which is explained on the "Offer to Rent" document.

That deposit money should have been returned to us 30 days after our first year contract ended given that we gave norice that we were leaving. You then prepared a different contract on a month to month basis.

Once again, we are requesting that you return our deposit of $1,500 that we paid for the one-year contract.

On Oct 26, 2017 10:08, "Hawthorne Manager" wrote:
Ernesto,



Per our attorney, I have attached for your records the copy of your month to month lease. This document was signed on 4/25/17 by you. By signing this document you agree to WE Hawthorne not holding any security deposit for your unit.





Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com




The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.




From: Hawthorne Manager
Sent: Thursday, October 26, 2017 10:31 AM
To: 'Ernesto Aguero'
Cc: Crampton, Christopher
Subject: RE: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Ernesto –



At this time, I will be consulting our attorneys on the matter for advisement. I have provided you all the information that we have and confirmed to you that you do not owe any rent to us. In all of your paperwork, there is no mention of “one month free” nor proof of payment for a $1500 deposit.



Thank you,





Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com





The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.





From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Thursday, October 26, 2017 9:39 AM
To: Hawthorne Manager
Subject: Re: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Another business that needs to be investigated by court is the fact that both, the prior owner and your company, have had a big add on the street where you offer a free month's rent. However, based on our experience, it seems that you are not treating all renters equally and fairly, as you have been giving the free month to some customers but not to others.

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On Thu, Oct 26, 2017 at 9:18 AM, Ernesto Aguero wrote:

Amanda,



This is my final attempt to get our deposit back and avoid a lawsuit that will be costly and time consuming. I have consulted with a legal advisor about this situation and have been advise to sue The Hawthorne and Konover Residential Corporation for Defamation.



The fact is that you have, in written form, made a claim that is damaging our reputation by claiming we did not pay our all our rents and that we have carried an unpaid rent since the month of July of 2016, when in fact we ALWAYS paid in advance and on time.

All our checks stated the month that was being paid, we were current in our payments when Konover purchased The Hawthorne, we never got a notice from the prior owner or your company that we had not done a payment or were late on our payments (and in fact your website payment system would not even have allowed us to pay online if we owed money), and you even renewed our contract without any mention of "owing you money".
The fact is that your company wants to keep our security deposit by arguing that we did not pay a rent. And, to do so, you do not care to damage our reputation.

First, you argued that we had not given a security deposit going against our word and in spite of having a written contract that states that we gave a security deposit. As that tactic did not work, you went to the other excuse without regard to damaging our reputation.
Damaging someone's reputation by way of libel is a malpractice by your company that needs to be corrected, as you are not only damaging our reputation but most probably that of other customers. Your company is burdening customers with financial and administrative issues that came from your acquisition of the apartment complex.



If we do not get an immediate notice that our deposit will be returned in full, we will take this to court. If that happens, your company will be sued for a lot more money that amount of the security deposit. We will ask the court to create a precedent for residential companies in order to protect renters from this malpractice. If the lawsuit turns in our favor, we will approach the local media so that future renters get prevented and avoid this situation.



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On Wed, Oct 25, 2017 at 3:30 PM, Ernesto Aguero wrote:

It is the same. So, I guess we will have to go legal after all. You are bound by a contract and are required to return our deposit. We will also be asking for the free month.



On Wed, Oct 25, 2017 at 3:25 PM, Hawthorne Manager wrote:

I think is the check that I have for 8/27/17. Then may have you paid your water separately for $37.69. The total payment for that month would have been $2182.69. Unless you can show me the check for 2181.69 is a separate item.



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Wednesday, October 25, 2017 3:10 PM
To: Hawthorne Manager
Subject: Re: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione




​





As you say, less costly is better. All we are asking for is to get back our $1,500 deposit and we are all done. Otherwise, we will go legal on several items.



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On Wed, Oct 25, 2017 at 1:59 PM, Hawthorne Manager wrote:

I have record of 4 payments of $2145. See attached. 2 were paid via check. the other 2 via the resident portal. The payment made 8/27/17 was for $2182.69 and paid to the previous management company and credited to your account when we took over. It is the first entry on your ledger. I do not have a payment made 8/29/17 in the amount of $2145. This is what I am asking you to provide me.



I would think it would be less time consuming and costly for you to show me the one check that you said were presented and were cleared by the bank. This way if one was cashed by us and misapplied we can get you your money back. I cannot show you something I do not have and, as I have already said, I will not credit an account without proof of payment or credit.



Additionally, just so I am clear, you are now saying we are missing a check/payment that was never recorded AND owe you a free month or rent in July?



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Wednesday, October 25, 2017 12:04 PM
To: Hawthorne Manager
Subject: Re: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Amanda,



My lawyer will show proof of each record at court. It is outrageous that you ask me -the customer- for things that you should have kept!! It is also incredible that you even say that you have to see the "cancelled checks"...why were you not so thorough in getting the right information from the prior company?



This is my last communication with you.

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On Wed, Oct 25, 2017 at 11:32 AM, Hawthorne Manager wrote:

Please send proof of payment on each I will compare with what we have.



I will need to see cancelled checks.



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Wednesday, October 25, 2017 11:30 AM
To: Hawthorne Manager
Subject: Re: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



FYI, your spreadsheet shows that we made four payments of $2,145, but in reality we did five:



Aug 29: $ 2,145.00

Oct 5: $2,145.00

Nov 1: $2,145.00

Dec 7: $2,145.60

Jan 18: $2,145.00

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On Wed, Oct 25, 2017 at 11:01 AM, Ernesto Aguero wrote:

---------- Forwarded message ----------
From: "Ernesto Aguero"
Date: Oct 25, 2017 11:00 AM
Subject: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione
To: "Amanda Albert"
Cc:

I am not saying that you personally do not treat people equally. What I am saying is that your company is not treating everyone equally with the free month offer.



The reality is that your company wants to keep our deposit.



We will go to court.



On Oct 25, 2017 10:55 AM, "Hawthorne Manager" wrote:

Ernesto,



I understand what you are saying about the payment being listed in the wrong month and that you were told you should get that month for free. I have attached the ledger from the previous management company as well as the offer to rent and the page from your lease that speaks of concessions. There is nothing to indicate a free month of rent on any of these documents.



I am sorry if that was miscommunicated to you by previous parties on behalf of the ownership, and I am happy to spend this time working it out with you, but I do not appreciate you accusing me of wrong doings. I do treat everyone equally and, in fact, if I chose to ignore a legally binding document like a lease, without supporting documentation, that would be wrong also. Your lease says nothing about this free month.





Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Wednesday, October 25, 2017 10:32 AM
To: Hawthorne Manager
Cc: Adriana Amione-Aguero
Subject: RE: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Amanda,



When we rented the apartment there was an open offer for a free month rent and that is what decided us to move there. I do not have anything in paper that says about the free month but that is implicit. The proof that we got the free month is that the prior administration did not charge us for the month of July.



I do not think that your company or the prior one are legally authorized to make an open offer of a free month's rent, and then honor it to some customers but not to others. This seems to be what you are doing.



Your spreadsheet is deceiving in that you are showing the check for $2,242.88 as if it was used to pay for the July rent, buy that was not the case because July was our free month. As you know, the rent is always paid in advance, and the check is dated August 2nd because we were making our regular payment for August. Note: It is obvious that we would not be paying our very first rent one month late (plus, we would have had to pay a penalty).



You have told me several times that you were not sure that we had paid a deposit because the prior company had left confused records. This time, there seems to be no confusion of your part suggesting that we were not given the free month. How convenient to use the "confusion excuse" only when it is in your favor.



Enough talk. It all boils down to one thing: are you going to honor our free month or not? If so, please send our deposit back a.d we are done. If not, we will go to court and accuse your company for not applying the "free month" offer equally to all customers, and will ask for our deposit back as it is stated on the contract. I will also go ahead and write reviews on Google+ and other search portals about: (a) this "confusing" situation that you used at your convenience to keep the deposit funds from one of your customers, (b) your questionable practice of not treating all customers equally --- by giving a free month to some, but not to others.



It is your call.





On Oct 25, 2017 9:18 AM, "Hawthorne Manager" wrote:

Ernesto,



According to all the documents in your file there is no indication that you received a free month of rent. There is a noted $200 concession off of June’s rent. Do you have documentation that says you should receive a free month of rent?



To address the arbitrary addition of figures. . . I am not sure I understand what you are saying that I did wrong. Please clarify.



The spreadsheet is not meant to be deceiving. It is simply meant to show you the total amount that was charged to you and what was paid. If in fact you paid an extra $1500 towards security deposit we would see it in the difference in numbers here. If we look very closely at your lease we also see that you had a pet fee of $45/monthly that was never paid or charged so that will be over looked.



This is complicated and I want to refund your money if I have it, but all indications are that I do not. Please send me any information that shows me otherwise – a missed payment or proof of a free month of rent.



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Tuesday, October 24, 2017 7:57 PM
To: Hawthorne Manager
Cc: Adriana Amione-Aguero
Subject: Re: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Amanda,



You are suggesting that we did not leave a deposit when in reality we did leave a deposit as it is clearly stated on the Lease Contract. The reality is that your calculation is deceiving: You are charging us for the free month that was offered to us by renting at the Hawthorne Apartments.



Here is why your calculation is deceiving:

Your placed the check for $2,242.99 as if it corresponded to the month of July, but that is not the case. In reality, that check for $2,242.99 was issued on August the 2nd because it was to be applied to August's rent (and not to July as your spreadsheet shows --- as per the prior company July's rent was $0.00)
You arbitrarily added $1,985.00 extra on your spreadsheet. I say "arbitrarily" because the online payment system from the prior company had done it correctly buy you changed it on your calculation.
You are honoring the FREE MONTH that the prior company had offered, are you not? If so, please send our deposit back as soon as possible.



Thanks.



ᐧ



On Tue, Oct 24, 2017 at 4:36 PM, Hawthorne Manager wrote:

Ernesto and Adriana,



I have taken some time today to do a careful calculation of your account. I attached that spreadsheet above for your reference showing all due rent and fees and all payments received over your stay at The Hawthorne.



It would appear that although the paperwork that you have (lease and offer to rent) state a security deposit of $1500 that is not accurate. It would seem that any money paid towards your account when you moved in was never properly applied to your deposit. The previous management company never recorded that money as security and it seems it was used towards your monthly rent.



The only way this is not accurate is if a payment failed to get recorded. If that is the case please let me know immediately and send over the proof of missing payment. I will happy to apply and the credit you the difference.



I am sorry that this has been so frustrating and I am aware this is not the answer you were hoping for. Please reach out with any concerns.



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Tuesday, October 24, 2017 11:19 AM
To: Hawthorne Manager
Cc: Adriana Amione-Aguero
Subject: Re: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Amanda,



There is no error, and it is reprehensible that your company is passing the burden of your administration issues to the customer.



Let's cut the chase (you have already had over 40 days to clear up the issue with no results):

We are bound by a LEASE CONTRACT that clearly states that we submitted a deposit of $1,500. Attached is a copy of the Contract, which I am sending for your knowledge.
Attached is also a copy of the OFFER TO RENT AGREEMENT indicating that the total amount paid at Move-In was $2,034.67.
Attached is also attaching a copy of our Wells Fargo Statement showing that we paid the $2,034.67 -which included the deposit- with a BANK CHECK.
All the documents are self-explanatory and obvious, and you must have them in your records (so there should have not been any issue -or excuses- in the first place).
It has already been too much time and effort that we are wasting on this issue. For the fourth time, please send us a check for our deposit as soon as possible. Otherwise, I will call the Konover Residential Corporation to let them know about this situation, and at the same time I will be publishing bad reviews about the Hawthorne at Gillette Ridge/ on the main portals, letting people know about such a bad practice by your company.



We expect this issue will be resolved TODAY! You are already late. Contrarily, we were never late on our payments.We were excellent customers, took care of the apartment, and left tit clean and in perfect conditions. We do not deserve to be put through this uncomfortable situation.



Please resolve immediately,



Ernesto Aguero & Adriana Amione.













ᐧ



On Mon, Oct 23, 2017 at 11:59 AM, Hawthorne Manager wrote:

I apologize for the delay. I am working on getting help to locate your deposit and find the error. I will get back to you as soon as possible. According to my records you never had a deposit so we need to follow all the funds paid and where they were allocated. I cannot cut you a check for money that we are not sure did not go towards your security deposit. I know this is frustrating for you. The change in management just makes it more complicated.



Amanda Albert

Property Manager



The Hawthorne

2 Francis Way

Bloomfield, CT 06002

Direct Line 860-242-2354

Fax Line 860-242-2355

E-Mail hawthornemgr@konoverresidential.com



The Simon Konover Company proudly supports the TEAM Hole in the Wall® Camp Challenge Ride.



From: Ernesto Aguero [mailto:ernesto.aguero.88@gmail.com]
Sent: Monday, October 23, 2017 11:00 AM
To: Hawthorne Manager
Cc: Adriana Amione-Aguero
Subject: Fwd: Deposit Refund on Apartment 226 - Adriana Aguero-Amione



Good morning Amanda,



Were you able to sort out your administrative issue on our deposit? When should we expect to get the check?



Question: Are we the only case where you can't figure out our deposit, or this same issue has happened with many other renters who also rented with the prior company?



Please let us know about our check as soon as possible as we are counting with the money to make some urgent payments. (We always paid on time and were excellent renters; We think it is only fair that this issue gets resolved quickly).



Thank you,



Ernesto Aguero & Adriana-Amione-Aguero







---------- Forwarded message ----------
From: Ernesto Aguero
Date: Fri, Oct 20, 2017 at 1:17 PM
Subject: Deposit Refund on Apartment 226 - Adriana Aguero-Amione
To: hawthornemgr@konoverresidential.com
Cc: Adriana Amione-Aguero

Hello Amanda,



Attached, please find a copy of our Wells Fargo statement showing that we made a payment to Hawthorne Apartments of $2,215 on May 22nd, 2016, which was the DEPOSIT. The second file shows that we paid $2,300 on June 8th, 2016, which was our first month of rent.



We have waited the 30 day-period that The Hawthorne takes to reimburse the deposit, but have not received the check yet. We understand you have a problem with the records you received from the prior administration; However, that is an internal problem of The Hawthorne --and we should not be penalized for your company's administrative problems.



Please confirm that our check will be sent to us within the next few days.



Our new address to send the check is:

575 Stonehouse Road,

Coventry, CT 06238.



Thank you and regards,



Ernesto Aguero & Adriana Amione-Aguero

612-310-1786









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