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Tenants File Class Action Lawsuit Against Lindsey Management
By Anne Bucher
Former tenants are suing Arkansas-based Lindsey Management Co. Inc., claiming that the property management company engaged in conspiracy and fraud and risked the tenants’ health. Four former tenants filed the class action lawsuit last month in Saline County Circuit Court.
In their class action lawsuit, the plaintiffs accuse Lindsey of violating the Arkansas Deceptive and Unconscionable Trade Practices Act (ADTPA), fraud, breach of the duty of good faith and fair dealing, civil conspiracy and breach of contract. They are seeking an unspecified amount of damages.
In their 24-page complaint, the plaintiffs accuse the property management company of devising a scheme in which titles to individual pieces of property are owned by different legal entities. The tenants claim in their class action lawsuit that Lindsey Management used this system in order to “circumvent liability.” The plaintiffs allege Lindsey Management has essentially created a series of alter egos or sham entities to help them avoid liability.
According to the class action lawsuit, Lindsey representatives would refuse to show an apartment to prospective tenants until they sign a lease and arrange for the utilities to be turned on. Then the resident would be shown a model apartment that Lindsey claimed was similar to the one the tenant would lease. In reality, most of the apartments were run down and in poor condition.
Many tenants have complained about rodents, roaches, spiders and mold present in the apartments. The plaintiffs claim that tenants are often told that pest control is their problem. A number of tenants allege that they were evicted from their apartments after making complaints about the habitability or cleanliness of their apartments.
The plaintiffs allege that the property managers would keep their security deposits even after tenants paid to have the apartment professionally cleaned before moving out. In their class action lawsuit, they accuse Lindsey of pocketing their security deposits without using the money to cover maintenance, repairs and cleanup.
According to the Lindsey Management class action lawsuit, the company frequently retains its tenants’ entire security deposit without performing necessary repairs to the apartment after the tenant moves out. In some cases, the company will charge tenants fees on top of the security deposit without making any repairs. Similarly, the company will deduct charges from the security deposit even when a tenant has thoroughly cleaned the apartment and left it free of damage other than normal wear and tear.
Lindsey Property Management owns and operates more than 2,500 properties throughout the United States, including Alabama, Arkansas, Mississippi, Missouri, Nebraska and Oklahoma. According to the class action lawsuit, there have been more than 83 complaints regarding Lindsey made to the Better Business Bureau in Little Rock from 2010-12.
The Lindsey Management Class Action Lawsuit is Foster, et al. v. Lindsey Management Co. Inc., et al, Case No. 63-CV-12-898, in the Circuit Court of Saline County, Arkansas, Third Division.
Updated July 26th, 2013
All class action and lawsuit news updates are listed in the Lawsuit News section of Top Class Actions
43 thoughts onTenants File Class Action Lawsuit Against Lindsey Management
My situation is a bit different, but still concerns Lindsey Management and that rude, nasty woman you have to talk to when you call their Arkansas office. I can see why she only puts her last name as “H”.
Below is the complaint I sent on SW Credit Systems – who Lindsey Mgmt uses to collect their “debts”.
Oklahoma law states in the “Oklahoma Landlord and Tenant Act” that a Landlord may not collect double rent on any rental unit. Due to a torn achilles tendon and the need for surgery, I was forced to go on short term disability at my job. The apartment complex where I lived had 2 handicap parking places for my building, which were not very close to my apartment. I was 68 at the time and fell in the parking lot trying to get to my apartment one evening. I told the management that I was having a difficult time financially & physically and was going to have to move in with my son. I told them I would try and get someone to take over my remaining 7 months (I had been there nearly 1 1/2 years). I realize that they are not responsible for my situation; therefore, when I moved I knew it would be my responsibility to forfeit the deposit, clean and make any repairs and pay the rent up and until a new tenant moved in. I had the apartment spotlessly cleaned when I moved out. The complex (The Greens at Broken Arrow Phase III) had furnished me some paint when I moved in to fix a place they had missed; so I used the paint to touch up any corners or areas that had been bumped. In my lease, I was due one carpet cleaning per year, which they had not done and when I called to pay my water bill I was told to consult management because all water, sewer, trash pick-up went through them. My bill was usually around $18.00 to $20.00. I paid The Greens of BA III with a cashier’s check the amounts on the invoice they sent me up to the date I delivered the keys, which was October 15, 2013. They charged me for carpet cleaning, painting, a $59 water bill, one late fee-for October and $12 for drip pans for the kitchen range. There was no painting done, they owed me the carpet cleaning and way overcharged for the water bill…BUT, I paid it – no hard feelings. They kept the $250 deposit, which is fair because I moved out early. My complaint is: When I called to tell them I had someone who wanted to take over my lease they said it was too late, I had already moved out. I asked if they had rented it and they wouldn’t tell me. I went by the apartment a couple of days later and there were people moving in. I stopped to talk to them and asked when they had leased it and was told October 16, 2013. Therefore, the complex did not lose any rent on the unit. Also, I have a letter from the management company stating that I had left the apartment in very good condition. All they had to do was change the drip pans and clean the carpet. Lindsey Management for The Greens at Broken Arrow III, 2101 E. Omaha St., Broken Arrow, Oklahoma, turned a bill of approx. $2,600 over to S W Credit for collection against me. Every contract has a disclaimer paragraph in it stating that if any of the terms and conditions are contrary to the law and unenforceable that that portion of the contract shall not negate the rest of the terms and conditions. The contract I signed has such a paragraph. #39. GOVERNING LAW. This Lease Contract shall be governed by the laws of the State of Oklahoma. The Oklahoma Landlord & Tenant Act states (regarding a tenant vacating early) in Article 129, Paragraph B…If the landlord rents the dwelling unit for a term beginning before the expiration of the rental agreement, said rental agreement terminates as of the commencement date of the new tenancy. I sent certified letters containing the 1)invoice 2)a copy of my Cashier’s Check $671.79 3)a copy of the Oklahoma Landlord and Tenant Act with the Article 129 and Paragraph B highlighted. I had an attorney call the management company, which is Lindsey Management in Fayetteville, AR (he had to leave a message, but it was detailed) although no one has responded. I have not hired the attorney as yet because I would rather the companies just do the right thing and obey the law. The attorney did tell me that he has taught this law in the past and I am definitely in the right.
I can confirm that the above accounts are usual and customary treatment, through my own experience at three different properties under three different managers over these past 3+ years. Contacting Lindsey Corporate was not an avenue to resolve the managment’s unprofessional conduct, forms of intimidation, defamation of character, lack of attention to reasonable upkeep of apartment and grounds – (according to what they advertise on their property web sites). Rather, they will absolutely take the side of the property staff and explain away the issue with some justification (not even directly related to the issue!) I would advise other folks to keep a dated journal of incidents with any evidence to prove it. Keep your paperwork handy in a folder or file.’Telling it’ vs ‘proving it’ are two different horses…you can ride one horse, but the other one will ride you! Lindsey does not maintain many honorable residents, (despite what they may claim) because they do not treat folks who are decent, hard working and paying tenants, with due respect. Rather, Linsey takes advantage where advantage may be taken. For example: the tenant who always works during Lindsey property office hours may call to report a repair needed and be told that they must come in and fill out a form….they will not take a report over the phone. This is why they are full of folks who don’t work….if you look at the parking lot during the week in many of the properties, you might think it’s a week-end (full of cars) Lindsey staff have two faces: the first is the face before you sign the lease and the second is after you’re locked in. They never show you the actual apartment you will be leasing because it is never prepared according to what they advertise. The staff do diligence before you sign the lease; there after you will have an entire year of observing their lazy, doless work patterns as well as their rude, unbending treatment of residents. If you happen to forget to turn in your rent before the moment they open the office on the fourth of the month, they have their hand out for a late fee…even if you hand it to them before they could possibly have completed the bank deposit record. Fifteen minutes after the hour is too late. They require tentants to live by the letter of the law, while they deceive you into thinking you are moving into a lovely property until you call for some attention…then things start going wrong…intimidation tactics are used and your credit is tarnished unless you endure to the end. Plan ahead and prepare to exit.
Also, I would advise folks to use proper grammer and spelling. If you know how to find this page, then you need to learn how to use dictionary.com
I would like more information on this lawsuit please. We just moved in on July 5th 2014 & have had nothing but problems since day one. We have asked for our full deposit and rent back so we can leave quietly but they refuse. The apartment was completely filthy and infested with cockroaches. I cannot live like this. We were promised a perfect luxury apartment and were lied to. Who can I contact asap???
Dealing with Lindsey Management and getting in this apartment rental agreement was the worst situation ever. This place was absolutely disgusting and it broke my heart. Me and my husband were expecting a new baby. We were shown a beautiful apartment that was already set up and when we signed our lease, we got our keys and walked into a badly infested roach apartment. The doors were broken from a previous couple that apparently were abusive towards each other. I immediately waddled my pregnant self back into that office and said No Patsy Pickle (who was the apartment manager at that time) and said this wont work! There are roached everywhere. She came to the apartment with a can of raid and said she would take care of it. We came back the next day and they had put some little roach motels out and I went again and said no that wont work either. Patsy then said that the apartment below had a bad roach infestation and that the roached were coming from the bottom. I told her that we needed another apartment at this point because we needed to start getting moved and she told us that she did not have one because this was her last one. I said, we cant live in a roach infested apartment. She said well all I can tell you it forfeit. I said well I guess that is what we will have to do. She said that we would not get our deposit back. I was upset about that because we never moved one item into the apartment but had to give up money. After forfeiting my deposit. I went to put stop on the rent check before she got our money. She called us the next week saying she needed rent money. I said no mam, we forfeited our deposit remember. She said Oh you have to pay a full months rent too. I was truly shocked about this. I told her that we would not do that and it seems like she was scamming us. She took us to court and we had to pay almost $500 for 2 days of the lease. (I have receipts). I was in disbelief. Within a month, I had a letter in the mail asking for over $1500 for rent and move out fees!!!! I about had a heart attack no lie. I called corporate at this point and they were right down with her and taking her side about it all. I am not stuck with this on my credit and was out of almost $900 in rent/deposit fees. Patsy Pickle is no longer there so there is no way to resolve this issue but to PAY! I say NO….I pray to God that this lawsuit goes through and Lindsey fixes this problem.
I too am being poorly treated. This is a letter I am sending the JoCoHousingCoalition.com
To Whom It May Concern,
I am having issues with my landlord at The Greens@ Shawnee. There was a flood in the apartment next to me and the water came into my apartment. I was sleeping, at the time I was working two jobs, and the maintenance man did not come into the apartment. The manager, Bob said, “You were playing games just to cause trouble, I am getting rid of you.” Since, he has added late fees to my rent. This occurred after we had a verbal agreement that I received my pay on the 7th of every month and would pay them. I earn $10.00 an hour, the rent takes one check and part of another. I have lived there 11 years and have never not paid my rent until this month. I got a notice from their lawyer saying I owed $1100.00. I went in to pay the amount on the court document stated and Bob charged me $1170.00. I have had several conversations with the different managers and Wendy at Resident Relations for The Greens@Shawnee stating, I can no longer afford to live there. Lindsay Management is notorious for tacking on erroneous fees that would be impossible for me to pay.
I have a lawsuit against them to!! If you need any help email me!!
I have a similar lawsuit against Lindsey in Fayetteville. Who is representing you in the suit? Oscar Jones, Batesville
I have had problems with Lindsey also I live in one of there apt. I came home to my whole apt flooded due to the hose that was suppose to be connected to toilet came loose. They pulled over 300 gallons of water out of my apt it reckef my couch 2 queue size beds. I want to know if there is anything I can do
I need some help with filing against Lindsey
Please help me too. I’m definitely looking to do a lawsuit asap!
I would like to add that not only do they have mold on pretty much every windows. They have the most unprofessional staff a some of the sites that dont care what you tell them.
I lived in a Lindsey apartment for almost 2 years. When moving, I had to pay $1,500.00 in addition to most of the $250 security deposit. I had thought that the fee for moving out before the lease expired only applied to the first year, but it seems that it was a roll-over lease so I could be there for 20 years and it would still apply.
That should be illegal. $1.500.00 is a lot of money for the average person to pay for no good reason.
Lindsay did the same to me.they kept my $250.00 security deposit,and still billed me for $90.00 to disinfect the apartment and wanted me to pay $25.00 for paint.the damn apartment was never painted before we moved in.after making arraignment to pay the $90.00 to Lindsay they turned me in to a collection agency to get the money. is this the way to run a business.I think not
Contact Mickey Stevens at Lawyerark@yahoo.com of me at smood4iv@yahoo.com