Community

Lindsey Management Faces Tenants’ Class-action Lawsuit

Posted by tbaker |
Lindsey

Photo By Terrah Baker
The Cliffs apartment complex in Fayetteville owned by Lindsey Management Company, Inc.

 

“In one of numerous instances, a disabled Saline County resident rented from Fountain Lake Apartments, a Lindsey property – to discover unlivable conditions, including roach infestation.”

Complaint Alleges Fraud and Conspiracy

Staff Report

Fayetteville-based Lindsey Management Company, Inc. (Lindsey) is being sued over allegations that it has engaged in fraud and conspiracy. The class-action lawsuit brought by former tenants of Lindsey charges the corporation with deceptive practices and endangering tenants’ health and safety.

The lawsuit was filed last month in Saline County Circuit Court seeking an unspecified amount in damages for alleged violations of the Arkansas Deceptive and Unconscionable Trade Practices Act (ADTPA).

In one of numerous instances, a disabled Saline County resident rented from Fountain Lake Apartments, a Lindsey property – to discover unlivable conditions, including roach infestation.

The 24-page lawsuit also claims that Lindsey, which owns and operates more than 2,500 apartment units located in Arkansas, Oklahoma, Missouri, Nebraska, Mississippi and Alabama, has designed a scheme in which titles to each property are held by a separate legal entity.

Mickey Stevens, the plaintiffs’ attorney, says Lindsey uses an alter ego scheme to circumvent liability. “Lindsey designed its companies as a separate entity to avoid liability. These entities are merely shams or alter egos of Lindsey, and Lindsey is the true owner of the properties.”

Stevens said that ADTPA is in place to protect the rights of everyone, and especially those who are vulnerable and who are reasonably unable to protect his or her interest. “There is a systemic pattern and routine practice of disregard to the health, safety and well-being of residents at Lindsey owned and operated proprieties. Laws are in place to protect those who have been wronged. It is our job to ensure that this protection is defended and to hold those accountable who are at fault,” he said.

The lawsuit lists four prior NWA residents as plaintiffs in the case, while the class the plaintiffs represent is comprised of “All persons who have resided in apartments located in the state of Arkansas and managed by Lindsey in the last five years, and who have been a victim of the deceptive and unconscionable trade practices…”

The lawsuit states that Lindsey and its shareholders, directors and officers have established a scheme in which the title to each property is held by a separate legal entity, leaving Lindsey free of liability and can be used defensibly in lawsuits, which it has. Along with this lawsuit, 83 complaints were collected from the Better Business Bureau in Little Rock since 2010, containing similar complaints as the lawsuit addresses.

Damages sought after in the lawsuit include actual damages in an amount determined at trial, punitive damages, costs and reasonable attorney fees, rescission of the lease agreements and an injunction barring Lindsey from reporting derogatory information to any credit bureaus regarding any plaintiff, along with barring collection actions and providing negative references for any plaintiff.

For more information, contact Mickey Stevens at 501-303-6668.

3 Comments

Sabrina Browers August 29, 2016 at 8:14 pm

I have a friend who has confirmed toxic mold in her apartment (Westlake in Conway AR) managed by Lindsey Management ) Can’t live there, has been to the ER twice with breathing problems related to the mold. She’s contractually obligated to a lease agreement but sleeping on my couch.

Reply to this comment
ann allen October 27, 2016 at 5:22 pm

I have been living in the centennial apartment for two years, while living here i have leaks from my vent,been going on for three months,i turn it in and they fill a form and told me they would get someone to fix it now it have been four months and know fix ,green water coming from the vent, all they do is lie and say they would get someone out ,i am moving out know more money from me

Reply to this comment
Kimberly Weston January 5, 2017 at 5:29 pm

I have been in a unit at Eagle Hill for a little over a year. I put in several maintenance request to have windows and doors checked for air coming thru. Needless to to say,they put a rubber stopper at the bottom of the door cold air is still filtering thru the cracks around the door frame. Just recently my sink was leaking and garbage disposal was broken it took literally 3 request and a face to face Visit to the office, plus a call to corporate before it was fixed. The faucet leaked from 12-5, to 12-13, filling up measuring cups daily and over night just so I could document on video. These people ONLY care about you paying rent on time, but will not address the issue within the 24 hrs period thats stayed on the website. They are quick to put a notice on your door telling you if rent is not paid within 24rs, may result in issuance of a Notice to Vacate. They will try to evict you for being a couple days late paying, but won’t fix anything, or claim they did when they haven’t. There are people that some Marijuana on a regular basis, I have called the office, gone in to the office, and called corporate to complain, as the smell makes me sick, and triggers migraines, they tell you that they know who the people are and will address it, NOTHING has been done and it been over 6 months since the first complaint. This place is the worst ever, and I wish something could be done about the unfair treatment. Signed Feed up and frustrated..

Reply to this comment

Leave a Reply

Your email address will not be published. All fields are required.