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.

23 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.

Reply to this comment
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!!!

Reply to this comment
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.

Reply to this comment
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.

Reply to this comment
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?

Reply to this comment
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!

Reply to this comment
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

Reply to this comment
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

Reply to this comment
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.

Reply to this comment
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.

Reply to this comment
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.

Reply to this comment
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.

Reply to this comment
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.

Reply to this comment
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

Reply to this comment
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

Reply to this comment

Leave a Reply

Your email address will not be published.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

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>