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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.

25 Comments

thebigboboski September 27, 2013 at 11:41 am

I currently live at Fountain Lakes. They decieved me right from the start. I was shown a model apt. It looked really nice so I paid the app. fee and deposit.

The apt. I got was anything but nice They didn’t let me see the apt. until after I had signed lease and paid rent. I needed a place to live right then so I had no choice but to stay.

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Rene' Whitmore October 1, 2013 at 3:27 pm

I was a tenant at the cliffs apartments in Fayetteville. I was a perfect tenant for 4 years. Even though they were supposed to be renting me a handicapped apartment, they were never helpful in fixing things. They also tried to raise my rent by $95 a month. There is no way that place is worth that much! Their move out policy is messed up also. You have to be out by the 28th of the month even though you have paid rent for the whole 30 or 31 days! If you are not out, they will renew your lease at the higher rent rate without you having to sign a thing! I do not think that is fair at all!!!

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Victoria Guevara December 7, 2013 at 8:53 pm

I to have the same problem with black mold, and they sent in nonprofessionals to plaster over the mold, but not before I took pictures of the problem. They do not care about their tenants all they care about is making money. I am a college student and can’t afford to move to a better place right now, yet my lease will be up in January. I have been looking yet afraid they will try to keep my deposit when I do move out. when the apartment was not clean when I moved in.

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toni setser January 9, 2014 at 4:27 pm

we (blind son) rented apt from Lindsey in NWA–after living there several months as responsible tenants we learned he would have to leave to attend The CO school for the Blind. I could only give 22 days notice because that was the day we were told the date he had to be in CO to start school. We were told deposit would be forfeited. 3 months after my son started school he was found dead in his apt in CO of natural causes. I have ALWAYS been bothered that Lindsey Mgmt had complete disregard for our situation so just this week I contacted Wendy, Lindsey employee over Residential Relations. She said ” contracts are not to be broken and I wouldn’t be receiving any money back”. Karen, Jim Lindsey’s asst said she would have him call me but he never did. She had Lindsey employee Ross call me – he said J hired him to take care of things like this; he said I should be “THANKING HIM” “RIGHT NOW ON THE PHONE” that they didn’t make me pay for months that were left on the rest of the contract that we “didn’t fulfill”. Jim Lindsey refuses to acknowledge my calls and the situation. Sure makes me wonder how many others has this has happened to. It makes me sick.

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Vernon Slape January 10, 2014 at 5:54 pm

I read the advertisement on the internet for Oakbrook Apartments, Fort Smith, AR for apartment. It said “handicapped apartments available”. The apartment they showed me had a concrete ramp which was so steep I couldn’t get up it in my wheelchair or power wheelchair without someone pushing me up it into the apartment. Also the only sidewalk to and from the building that did not have a 6″ step was so steep with a cross slope that my power chair would slide off into the grass. I couldn’t use it. The property manager said they would fix it just before we signed the lease. A week later, when asked, she said her boss in Fayetteville, AR (Lindsay Management Inc) said they would not fix the ramp and I could have one installed at my own expense. Could this be false advertising?

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tbaker January 10, 2014 at 6:15 pm

Please forward any questions to Mickey Stevens at 501-303-6668. Thank you for contributing your stories!

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Brenda Davies July 30, 2014 at 10:43 am

I read so many of the complaints, and I must say that I can relate to all of them. Lindsey Management are some cold-heartless people who don’t care about breaking their own rules and regulation as long as they get the Money. And this so called “Residential Relation” set up is just a joke. They are only there to inform you of ,”HOW they are not going to “RETURN” any of your Money, and stick you for as many charges as they can” …Here is what happen to us…They showed us a model of the apt that we would be renting. The model was very nice and clean, so we sign the contract, as she informed us that the apt would be just like that one minus the furnishing. I informed her that I’m a stickler for cleanliness.. When we received the keys we were in total AWE to what we found !! The front porch was pack up 6 inches with leaves, cobb webs everywhere, the apt carpet was not only filthy, it reeked the smell of an animal camp,roaches everywhere, refrigerator/stove filthy, oil and grease and other damages to wall, commodes and tubs stained with filth and mold. My husband pulled out the stove and you would not believe the accumulation of filth and roaches that he swept from behind it alone, not to mention the inside. I immediately made a typed list and took it over to the office. The only result was that they sent someone over to spray, which just made the roach matter worse. We asked could they come in and replace the filthy wet carpet, or just take it up and the reply was ,”NO”. We could not live in the apt for two weeks, and spend hundreds in cleaning products and Roach insecticides the entire time we had the displeasure of being there. Then there was the case of the flooding outside my apt when it rained , (which was often)the walk way in front of my apt leading to the front entrance would flood up to 6 inches of run-off waters. In order to get out front to your car you had to wade through this filthy water, which was a safety hazard because you couldn’t see where you were stepping. My grand daughter (12) would have to wade through this mess to get out front to the bus, (even in the winter)as we had to wade thru to get to work. Nothing was ever done…My husband is a “license Master Plumber” in four states and offered to assist in the proper way of rectifying this matter, but they did not respond…We left the apt in “PROPER” renting condition inside and out,(cleaned like professional)”ROACH FREE” yet they wanted us to pay all these bogus cleaning charges, because they say we signed saying it was cleaned. And they need the money to reclean it so it will be clean for the next tenants like it was when I found it! At that point I wanted to lose it with this “crazylady” The model that was shown to us was clean and no roaches…not the apt they rented us. When we moved out no cleaning was necessary as I ensure all was cleaned and disinfected for the next. I wish no one the ill faith that happen to us, to have to walk into a dump as such, and paying that much money for rent, should be illegal for renter to have to endure. On top of all that they said we had to leave our “Electric” on for 3 additional days after we moved out so they can have it cleaned. We had to leave 3 months shy of our lease,( my husband work transferred him), so naturally we was stuck with $960 buy out fees plus another $244.45 for re-cleaning, (what a joke). They say we have to pay it or they are pressing charges for nonpayment. They immediately re-rented the apt. (I’m told). Is there anything that can be done about my situation. I have copies of 70 percent of our complaints and maintenance. Of course they say they were never in my file. brenda_davies@aol.com

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Nick March 3, 2014 at 11:49 am

I worked for lindsey management for almost a year…. I can tell you first hand that I have seen with my two eyes on how they “make ready apt” I’ve seen white spray paint put on mini blinds in fridges and freezers.. I was forced to rent out roach apts when management knew of the situation. Bed bug outbreaks because management didn’t fully treat. And yes models were in perfect condition and yet when you were shown your apt it looked horrible. And if you don’t take it from the date you put on your application then you forfeit your deposit. I have witnessed bad management as well as the corrupt corporate. There is no winning when you call resident relations. They laugh and record your phone calls and let management hear it. Then all of a sudden you have management looking for every reason to evict you.

Ex asst. manager

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Brenda Davies July 30, 2014 at 11:22 am

Thanks for Posting …And everything you stated, especially relating to “Resident Relation” is so true ! I just experienced that yesterday 7/29/2014. They took us down that same road, showing us a perfect model but renting us a “dump”. Even after submitting a one paged typed detailed list of complaints and bringing them over to office,per stated 48 hours, nothing was ever done. We’re stuck! So now we had no choice but to spend money to rectify this matter ourselves.

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Steve March 7, 2014 at 1:59 pm

I agree with you Bob, I like the sunlight taking away the shade from which the shady hide. Shouldn’t it be incumbent on landlords that if you charge exorbitant rents that you give a lot in return. I’m talking free cable with all the premium channels, free internet access (at least 50 Mbs), laundry service, subzero fridge, etc. Im amazed at these people that charge high rents where even the heating/air may work some of the time and the landlord is okay with that.

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Sarah C April 4, 2014 at 10:51 am

These guys are con artists. I moved into their Joplin Complex after my divorce. I got a run down outdated unit. I never complained always paid my rent kept a clean apartment. When I moved out they sent me a bill for trash, carpet cleaning and repainting for $380 which I of course I refuse to pay as I left a spotless apartment. They kept my security deposit also. I called again recently to try and get them to remove the record from my credit. I spoke to an extremely unpleasant woman named Wendy who basically called me a liar. I asked her for supporting documentation and she told me to hire an attorney! Im shocked at the manner in which they conduct business. I would not recommend renting from them.

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Brenda Davies July 30, 2014 at 11:38 am

Yes, Sarah I spoke to the same unpleasant, unprofessional, out right “RUDE” person named Wendy yesterday 7/29/14, and she responded in the same manner. She already had her mind made up before hearing my issue proceeded by virtually calling me a liar. It’s as if her responses were scripted, or she has much stock in Lindsey mang. or both.

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SR May 22, 2014 at 12:47 am

They force you to leave apartment by 28th of the month and move in on 5th of the month. They are taking 7 days worth of rent for free without actual tenant staying in the property.
I was moving from NY to NWA and couldn’t find any other place, I had to put my furniture in a storage for 7 days and stayed in a hotel. I think the Lawsuit should include this inappropriate practice as pain and suffering.

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Rose and Onasis June 10, 2014 at 6:42 pm

We live at Lake Pointe Apt in Conway for 6 years for 4 years everything was ok until a new manager Cindy Tucker came in. We had one child living with us and had our 2 step kids visiting ones a month and very day I received a phone call stating that I had 30 days to evacuate the appt when I ask the reasons she told me because of to many tenants and I try to explain to her this kids do not live with us and didnot want to hear it and told me that I was lucky she was giving me so much notification in advance. None the less I still went to the office and basically told her in a nice way that if we move on the 15 th day of the following month if we still had to pay the full month her reply was only half of the rent, this time I was recording her where she says to pay only half of rent so I went ahead and bought the money order and pay that one half rent for the following month. On the 15 th she contacted the manger where we were going to live and told them that we were bad tenants and were running from paying half of the last rent, I had to pay the other half of the rent with out living in the appt, had to had the new manager listen to the record and see the receipt to be able to get the apt to live in. With a $495 of rent paid and 200 deposit, today I pulled my credit report I found out that Lake Pointe has reported a remaining balance of $262 I went to the office and ask the manager why I was never notified and she said she did not had to. Supposing I stole two stools that they had to paint walls and so on. I have pictures of the conditions how I left the appt. I’m so pissed rightnow forgive me how am explaining my self

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Ah2013 July 4, 2014 at 5:00 pm

I just got my keys July 3 2014 after being shown an amazing apartment I was sent into my new place w my door hanging on by soda tabs , tape holding my fridge together and to top it off there was no central heating or air and my washer dryer looks like it came from the 50s and the carpet was tore up and holes in the wall I’m not living n that kind of place for the money ..we go in tomorrow to speak to before moving anything I have an infant w special needs and this is not suitable

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Antonio Coley December 15, 2014 at 7:49 pm

Me and my girlfriend just got fired today. When we asked, why? They said
because we weren’t management material. The thing is they never trained
us on everything management wise. And everything that he’s shown me i
can do. But that’s ok. I have inside knowledge on every little fucked up
thing they’ve ever done. I’ve been recording them for the past 4
months. And i have proof on everything from black mold in the apts, to
them ignoring maintenance request, to them pocketing money, and paying
tenants rent and late fees to cover their own ass. Another property
manager told me that they fired us wrong. Not supervisor present and
they didn’t have the proper paperwork. We’ve never been written up not
once. So if they think we’re not filing a lawsuit then they must be
crazy. Oh, and i forgot to mention that they constantly drink on the
clock which i have proof of too. And the manager Robert Burton is a convicted felon for trafficking drugs from Mexico to the States and yet he still got a job with Lindsey Management. And Sierra Burton is racist.

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Denice December 21, 2014 at 3:20 pm

I applied for residence in good faith paying my application fee on 7/24/14 and my deposit on 7/30/2014 for residence on October 1, 2014. Amanda made me believe since I was applying and paying my deposit 2 months early I would have the apartment of my choice. My preference was the front side of the complex and a downstairs apartment. When I came to view 2 apartments that were available, each was far from what I requested. I did not view the one upstairs because I requested to be downstairs. I did not view the other apartment that was downstairs because the previous residents were in the process of actually moving out that day, and it was in the very back, in the corner. I was not particularly pleased because this was contrary to my request. I was not told I might get what I wanted, or that it was possible I would get what I requested. I was told I would get what I requested. Instead I am in the very back on the far corner. I never saw the inside of the apartment before the actual day I moved in. I was told it was being painted and carpet was being cleaned. I moved in on Saturday 9/27/2014. I had given my notice to my previous residence 30 days prior.

I have not been able to comfortably rest at night fearing a roach or bug will be in my bed or over my head when I open my eyes. I have experienced a heavy infestation of bugs and roaches since I moved into my apartment. One day the first of the October month there was a pest control calling card in my apartment when I returned home from work. I assumed my apartment had been sprayed. It was in line with the quarter service for my building. I have not seen a difference. I read in the lease agreement that the resident is responsible for pest control outside the quarterly pest control contracted by The Links. I am still experiencing an unusual amount of bugs in my apartment. I cannot set my dinner plate down to get a glass of water to come back and a roach is crawling near. Every time I turn the light on in my kitchen I see bugs scrambling across the floor or my counter. I get up at night while in bed to kill roaches and water bugs crawling on my ceiling or upper wall and ceiling fan. I have killed a roach in my bed. I have killed roaches in my bathtub while in the shower. I am so frustrated and uncomfortable to the point it is making me sick.

I went to the management office here on site 11/21/14, to let them know how bad the bugs are in my apartment. It is as if my apartment has never been sprayed for bugs. I told them I have experienced roaches on the ceiling fan in my bedroom, in my bed and on my ceiling, as well as in the kitchen. It seems like I live with them and not them invading my space. Scott wanted to know what kind of bugs, as if it mattered. Tammy suggested I fill out a work order to be put on “the hot list” and allow them to do something first. I think the quarterly spraying would be doing something first. I was adamant that I will not live this way. Management had someone to come that day to spray for bugs. I had moved everything out of my cabinets, etc. of which I was initially told I did not have to do, the day I signed the lease. The gentlemen came to my apartment around noon to spray in the cracks and crevices, as well as all the hinges on all the cabinet doors in my kitchen, my bathroom and my bedrooms. I had not completely unpacked so one bedroom could not be sprayed. Amanda told me I would be put on the list to have my apartment sprayed again in 2 weeks, which would be 12/5/2014. She suggested that I mark my calendar for this date so that I could remember to remove everything from my cabinets again. After the gentlemen left I called the office at their request and asked Amanda how I get on the “hot list”. She said it is not a hot list per say. But she was scheduling for my apartment to be sprayed again on 12/5/2014.She asked me to mark my calendar so I will have the opportunity to remove the things from my cabinet again.

12/5/2014 I left for work at approximately 6:15 this morning. I went by the office to complete a work order, but the building was locked. I wanted to complete a work order to confirm my apartment would truly be sprayed that day. By now I am so frustrated with The Links @ Sherwood. I called later in the morning to find out if my apartment had been sprayed and Tammy said, “Yes it has. They are done.” I left work at approximately 1:00pm on my way to my apartment, and called the office again to have them confirm my apartment had been sprayed. Scott said it had. I told him I have a security system and no one has been in my apartment since I left at 6:15 this morning. I asked Scott to please confirm they had been there. He said he would and will call me back. At 1:55pm I had not heard from Scott. I was on my lunch hour and needed to get back to work. It appears nothing has been done. Scott had not called me back. Don’t know what it takes to confirm if the Pest Control or whomever had been there or not. Because I had not heard from The Links Management yet, at approximately 4:30 I called again. Scott still could not confirm whether or not my apartment had been sprayed. In fact he said Tammy had been trying to call them and could not get them. This was after he had told me Tammy was out of town and he may not get to talk to her until she returns the next day. Scott did say if she were to contact them today it would be Monday or Tuesday before they could come and spray. I told Scott, I was expecting company for the holidays and did not want to be facing this issue. I want to get my place back in order. I told him I didn’t know whether to believe him or not. That I am placing my things back in the cabinets and I will send a letter to the corporate office. Scott contended he would call me when he hears something. As of the date of this email I have not received a phone call in reference to someone spraying my apartment. Management has lied again.

On the date my company arrived (11/22/2014) they were preparing for bed. After flushing the toilet, it overflowed. I spent some time plunging to reduce the water in the basin. The next morning it happened again. Not only the toilet in the guest bath, but in the master bathroom as well. Again, I spent the morning plunging toilets to reduce the water in the basin. My company moved to a hotel for the remainder of their stay. Now, not only am I dealing with bugs, I am dealing with overrun toilets. That Sunday 11/23/2014, I went into the office to fill out a work order about the toilet issue. The maintenance person came by and looked in the toilet. He said the line was backed up and a plumber will need to come out to look at the line. As the issue worsened and time passed, it was evident to me the problem had not been corrected. I could not live like that so I had to find other residence until this was corrected.

December 14, 2014 I went to the manager’s office to fill out a work order about my toilets backing up. Tammy took the work order and said someone is coming Monday as in the next day, to fix the issue. She said she thinks it is an outside plumber. She’s the manager, would she not know? I told her the maintenance guy who came by on 11/23/2014 said a plumber was coming to look at it. Again I had to find residence outside my apartment. Tuesday morning I went by my apartment on my way to work to find the problem had not been corrected. I went back to the manager’s office Tuesday afternoon on my lunch break. Tammy was not in and I asked Scott if he could update me on the plumbing issue. Scott said he did not know what I was talking about. Then asked the maintenance guys, who were sitting in a golf car outside, if they knew and they did not know what he was talking about. Yet, Scott knew they were taking the caps off. I explained to Scott, I needed an update so that I will be able to get residence before too late in the day. He said he would find out and call me. Of course he did not call. I left the office and went around to my apartment and saw water, which after I went around the side of the building, found it was sewer water flowing out to the parking lot from my building 3486. When I went inside to my bathrooms, I realized the issue was not fixed. The next time I came to my apartment on Thursday evening, I saw a plumbing truck parked and guys were walking around outside. It was too dark to recognize what was going on so I left. I came back to my apartment Friday evening; 12/19/2014 to check things out and the toilets seemed to be doing ok. Maybe everything by now is in working order. Not so… Sunday, 12/21/2014 I returned from breakfast. I flushed the toilet and guess what happened? I had to plunge to get the water under control. I am going today to the manager’s office to fill out a work order. The problem is not fixed.

I am so very disappointed and disgusted with Lindsey Management and how I have to live. I have had to intermittently live somewhere else because the place where I pay rent, on time, is not adequately accommodating my living. I am very uncomfortable because I don’t know what is going to happen next. Manager’s say they will call me back and they do not call back. So I am pretty much left out in the cold or kicked to the curb. Is this what Lindsey Management call living? Where do they live?

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