1) There were some unforeseen circumstances that caused a delay in my November rent payment. Aviary made it more difficult for me expedite the payment by disabling the online payment option. This meant that I had to take time off to go to the bank and purchase a cashier's check and bring it to their office, delaying payment even further since I was out of town for a week. Aviary added a 5% late fee and as if the late fee wasn't enough, On November 22st while I'm out purchasing a cashier's check, Aviary tacked on an additional $300 fee alleging that they had to file an eviction process.
2) On November 22nd I went to the office to drop of the cashier's check for November's rent. The person at the front desk accepted my payment so I assumed all was good only to find out the next day through the online portal that the $300 was still added to my account.
3) On November 23rd I contacted Aviary regarding the $300 eviction fee to which Mr Aaron Hizey replied, "we filed the eviction yesterday with our attorneys and once we filed, we charge the account as this is something that is charged to us from our attorneys." My response to Mr. Hizey was this was grossly unfair and unconscionable, and I was not going to pay the $300.
4) On November 28th Mr Hizey responded that the eviction was filed in the A.M. of 11/22 /22 was rescinded when they received my rent check, but the eviction fee is still due. He offered to lower the amount to $150. I refused because I don't believe any reasonable minded landlord would file eviction for 3 weeks late rent payment especially when I was in contact with them throughout the 3 weeks regarding making payment.
5) On December 3rd I accessed the online portal and made my December rent payment still refusing to pay the $300 attorney's fee for the supposed eviction filed on Nov 23rd.
6) On December 6th, I received 7 DAY NOTICE TO PAY RENT OR QUIT (NRS 40.253) for $377.10 (The $300 unethical eviction fee I refused to pay and a new late fee of $77.10 for paying my December rent on the 3rd instead of the first. As per their lease agreement, late fee is charged on the 5th....my rent payment was made on the 3rd.
7) My lease expires on Jan 31, 2023. As per our lease agreement lease renewal must occur no later than 30 days prior to expiration date (December 31, 2022). I received an invitation to renew my lease in early November which said it would expire on December 15th. I tried to access the invitation to resign on December 3rd and couldn't get access. I emailed Aviary twice and receive no response. If I don't sign a lease renewal by December 31st, the lease will automatically renew to month-to-month basis at which time an additional monthly fee of $300 will be tacked on to the rent. I suppose this is what The Aviary is trying to achieve
8) On December 7, against legal advice and cousel, and trying to avoid the hassle with the courts, I visited the Aviary's office and tried to settle the $300 attorney fee for the eviction process and promised to make payment on December 9th. Aviary assured me they would send me a lease renewal.
9) On December 8th, my cosigner sent an email to the Aviary expressing her displeasure with the way they have conducted themselves. The Aviary responded by attaching a letter on my door "Notice of Non-Renewal" and intent to serve a "30 Day No Clause" Notice to Quit. I believe this was an attempt to further intimidate and embarrass me.
10) I firmly believe that the Aviary has retaliated against me for refusing to pay the $300 eviction fee and has resorted to filing this frivolous eviction that is a total abuse of the court's eviction process. read more