Sarah Mirando  |  July 26, 2013

Category: Legal News

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Tenants File Class Action Lawsuit Against Lindsey Management

By Anne Bucher

 

Lindsey Management class action lawsuitFormer 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.

 

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Updated July 26th, 2013

 

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43 thoughts onTenants File Class Action Lawsuit Against Lindsey Management

  1. Lisa says:

    I want on in this lawsuit. How and what do I need to do. Had a TV’s 3 rooms through Fidelity which cost $13.85 per month. Now they are wanting $141.28. What can I do on a fixed income. Been here for going on 3 years at Fairways in Bryant, Ar.

    1. Shamrock says:

      I live on The Greens part in Jonesboro Arkansas. Work has been a bit hard lately with no hours and so we’ve been behind on rent. Well, my husband paid $500.00 last week and will have to pay the rest next week because he just had to pay electric, cable and car. But the late fees they add on us daily are crazy. Then they tell us that if we don’t pay exactly what we owe then they refuse to take any money from us. So if I owe $810 right now and I can only pay $800.00, they literally refuse it! They turn the bar code off that we use to pay our rent. So I guess they’d rather have no damn money vs at least something. They are damn bully’s. Some days, I wish that the office would be gone. Hell, you’d think that they’d be ok with us still paying, we just can’t do it in one sum at the moment until I start my new full time job. These people are stressful as hell.

      1. Shamrock says:

        Oh, And this is the second time we have been late on our rent since I moved in last March. So this isn’t a normal every month issue. I just feel that this place has a bad reputation as it is, and they’d be more willing to have a bit more patience since we are paying, it just has to be done in two different payments.

      2. Shamrock says:

        Oh, And this is the second time we have been late on our rent since I moved in last March. So this isn’t a normal every month issue. I just feel that this place has a bad reputation as it is, and they’d be more willing to have a bit more patience since we are paying, it just has to be done in two different payments. The police are over in this area a lot. Then one of the office girls was beat up for not returning deposit.

  2. Sue England says:

    I live at the Greens apartments in Owasso Oklahoma. I have lived here for 6 years. My apartment is infested with mold causing many health issues. Management is doing nothing to fix problem. I also am experiencing late fees posted monthly after rent has already been paid.

  3. Teresa says:

    I been at the greens in Owasso for 4 1/2 years I have had a continuous amount of mice in my apartment,told them about it many times over the years and nothing is done I am 64 years old in bad health and not able to take care of this situation,I pay 1070.00 a month to live in a mice infested home ,such a shame ! Put me down for this lawsuit I would be glad to answer any questions,just not fair to anyone living in these conditions!

  4. Donna M Henderson says:

    I would like to join the class action suit.

    1. George says:

      Yes do to the mold black and they do NOTHING

    2. Tyneisha Buffington says:

      Me to I wanted to reach out to those four tenants cause I’m having the same problem ,

      1. Felicia Williams says:

        I would like to join also.

        1. Rozell Cobb says:

          I would like to join the lawsuit as well

      2. Mareike Hornick says:

        Me too! Oh my god, my manager said if I want my dryer and dishwasher fixed that I have to pay the labor and parts costs!?!

  5. Brittani Curtis says:

    How can I get in on this class action, they kept my 450 deposit and I never signed a lease nor had an apartment number!!

    1. Keisha raymond says:

      The just did the same to me I’m plaining on SUEING them! Can u plz contact me if u have any info or would like to see them with me

  6. Martha says:

    Please help me too with establishing a lawsuit against them.

  7. Martha says:

    Please help me with getting a lawsuit against them.

  8. Stan Ramsey says:

    I wish I had done my homework and read up on Lindsey Management before renting from them. At this point I’m too frustrated to even tell my story. After being told by the Arkansas Attorney Generals Office, The Arkansas Real Estate Commission, Channel 7 on your side, to name a few that there wasn’t much I could do about the situation even though they agreed I had been wronged. They all said that my situation was unfortunate but they couldn’t help me out. Lindsey Management knows the average person has neither the time or the money to fight them so they continue to do whatever they please. The only thing they will understand is when people stop renting from them. So spread the word if you don’t mind your deposit being withheld for some bogus made up reason, having to live with whatever it is that’s wrong with your apartment or other dwelling and the list goes on then go ahead throw your money away. If however you want to be treated fairly as a renter who is forking out your hard earned money, then run as far away from Lindsey Management as you can. If just 1/10th of 1 % of all the law suits and complaints you find on the internet are true then it’s reason to spread the word this is no company you want to have anything to do with.

  9. King says:

    Lindsey Management approved me a lease for six months at The Greens in Tuscaloosa, Alabama, but when it was time to move I noticed that my lease was for eight months. I never look at the months because I trusted them to put in the right numbers and they had already told me verbally that they could do six months so that is why I decided to sign the lease. I contacted the manager who refuses to give her last name stated that she cannot end my lease at certain particular time of the year and I told her that was not what we agreed upon. I was also told when I first got there that they only did one year leases, but they advertise their apartment complex to students who only enter in during semesters. I agreed to stay seven months after our conversation, but not eight months and they are now refusing to allow me to move before January 28th without a penalty.

    The local manager has refused to provide contact numbers to their legal team or director. When you call the corporate office you get receptionist who refuses to give you any information.

  10. Jen says:

    Me and my husband have been living at German Town Apt and it is just as bad as the rest. They don’t clean the apt very well before you move in and the painting over all the dust and dirt is really gross. I have been trying for a month to get someone to do something about the mold in the bathroom. These apts can’t be healthy living. How do they get away with this mess ????

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