2008 Woodie Awards
Increasing charges worry Denton apartment tenants
Courtney Roberts
Issue date: 11/26/08 Section: NEWS
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Attorney Susan Fisher, the assistant director of Student Legal Services, said a stream of students approached her about what they perceived to be changes to their leases involving the cable provider and services.
"The sense among the students was that they had no choice," Fisher said.
The addendum
In April 2008, Timberlinks' management, the Lynd Company, purchased the property from the Lindsay Corporation, which provided tenants with free Internet and cable services through their own cable company, Lindsay Communications.
"When their management left, Lindsay Communications left," said Jeff Kline, Student Government Association president and a Timberlinks resident. "With this new company, they did some bids to find cheaper prices and companies. They chose DirecTV through a company called Primecast."
Kline said that he and his roommate, marketing senior Justin Wood, signed up with Primecast because the fees were fairly cheap.
"After we signed up with them, signed the contract, signed everything, Timberlinks came by and said, 'Since you're signed up with them, you have to pay us $45 per month,'" he said. "When asked why their response was that the tenants are going to pay the apartment complex a 'bundled rate' for it to be cheaper for the entire complex."
Around Oct. 10, the Timberlinks management delivered addendums to all the tenants by leaving them outside the door.
"They left it in the crack of our door," Kline said. "For any legal document, by law, they have to leave it in your apartment or give it to you in person, and they did neither."
Management was also requiring tenants to return the addendum by Oct. 15, according to the document titled the "Lease Addendum for Cable Television."
"The money and the addendum was due within a week of this notice," Kline said. "By law and by their contract, you have to give 30 days notice for any increase in rent … so they were breaking their contract."
Notices and bills sent
In a notice distributed to all Timberlinks residents on Oct. 17, Christy Salmon, the regional manager of the Lynd Company, stated that "although we are providing you with the opportunity to obtain the discounted cable services through the property, it is not required."
In an e-mail, Salmon said that with any "utility/amenity" building in compliance with all Texas Apartment Association regulations, the cost of the cable service is being implemented upon renewals and new leases. She also said it includes residents who have voluntarily chosen to sign up for the cable, and it is billed as a separate charge not affecting rent.
"Our office got involved asking for clarification," Fisher said. "Despite repeated attempts to communicate with a regional director or corporate representative, all of our attempts to elicit clarification have been met with a resounding silence."
After questioning management about the situation, Kline said they told him that he did not have to use Primecast as the sole service provider.
"They said that we could go out and find another provider, but no one else services Timberlinks," he said, "so we're stuck with DirecTV as the only option."
As a result of the confusion the notice caused, Timberlinks management sent out another notice on Nov. 13 that said if a tenant did not want cable, he or she did not have to subscribe or pay the $45 monthly charge.
"Anyone that had to renew their lease had to sign the new cable addendum, provided it was within the 30 days of the lease," said Kevin Burgess, regional vice president of the Lynd Company. "We have people upset here because they have to pay cable."
In the past two months, tenants had to pay three checks at once.
"We would get a bill from Primecast, DirecTV and one from the apartment," Kline said.
Timberlinks management had no comment on the number of bills tenants were receiving.
"We want this to be a positive thing for the residents," Burgess said. "The service is providing much faster Internet service, and it's a cheaper price for the bulk purchase."
However, tenants at the complex are not only upset at the new cable provider fee - they also feel uninformed of the management changes.
"I didn't get a letter or any notice at all about the DirecTV service," English senior Chris Dias said. "I actually found out because I talked to the previous management because we haven't been receiving any of the cable that's consistent and reliable."
Student Regent Meghan Vittrup, a journalism junior, said it's been months, and she still does not know what is happening.
"Honestly, I don't know why they did it," she said. "Now, we have to pay $45 for 120 channels, when we used to get it for free."
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