Apartment Complex Goes to War Over Dented Chevy

Matt Posky
by Matt Posky

One of the worst things about being an adult is that you’re constantly inundated with legal agreements you don’t have time to read. But you’d best read them all the way down to the fine print because, as every old crank knows, “that’s where they get you.”

A sterling example of this phenomenon cropped up in Texas this week, where a man is at risk of being thrown out of his apartment complex if he doesn’t fix the dent on his first-generation Chevrolet Traverse. While the complex doesn’t have a policy around owning a battered automobile, it does have one about them occupying the property — and management is swift to enforce it (through towing) if owners don’t fix them. That’s a problem, as the man with the dented Chevy, one Sontlux Sukhavachana, says he can’t afford to take it into a body shop and can’t make rent without a car.

The dent itself is indeed unsightly, though relatively modest in its overall scope. It looks as though someone had a serious parking mishap or sideswiped a concrete barricade. More ugly than debilitating, but it’s unsightly enough for the Ohio-based Fath Properties, which owns the Biltmore Apartments in Dallas where Sukhavachana lives, to want it taken off the premises.

“I got this notice on my car saying that they were gonna tow my car tomorrow,” Sukhavachana told CBS 11 (Dallas-Fort Worth) on Wednesday, before adding that Fath is “expecting tenants who barely have enough money to make ends meet to invest money in cosmetic damages.”

Despite receiving an extension in December, Sukhavachana said he still won’t have enough saved for repairs by the new deadline of January 4th. According to CBS 11, the vehicle image rubric has caused problems in the past. One renter claimed his car was towed over chipped paint, while another resident said his car was towed because his car was painted “two different colors.”

Fath Properties, which owns more than 30 complexes across the country, said its vehicle condition agreement is applied universally. It’s even outlined on its corporate website in “ A Word From The Owner.”

From the website:

One of our unique policies is the Vehicle Condition Agreement that is part of our Rental Criteria and an Addendum to the Lease Agreement. Amazingly it came from our applicants consistently telling us the first thing they looked at were the cars in the parking lot. If the cars were disabled, heavily dented, rusted, unsightly, they assumed the property was poorly operated and their neighbors would be unacceptable. We understand that your automobile is a personal item and as such is your right to drive whatever you want, however from our research, this is something most good customers requested and we do have the right to provide.

If you truly want a clean, quiet, well-maintained place to live and will abide by the rules, I believe we are your best option. If you do not care and do not wish to follow the rules, then you will not be happy living with us.

While we can bemoan the lack of choice and freedoms caused by corporate interests and curse how things keep getting worse all the time, Fath appears to be well within its legal rights. That does not, however, make the practice anything less than a dick move.

It also doesn’t appear to be helping their appeal. CBS noted that the Biltmore Apartments has accumulated lackluster online reviews. After looking for ourselves, we were confronted with dozens of negative reviews pleading with potential residents to look elsewhere — often written in all caps. Complaints included everything from bug infestations to burst water pipes. While there were some positive assessments, even most of those cited a not-so-mild annoyance the renter had to contend with early on.

“While it might not be illegal, it doesn’t mean that it’s not outrageous,” said Sandy Rollins, the executive director of the Texas Tenants’ Union. “They seem to hold tenants to a much higher standard than they hold themselves.” Rollins said she was already aware of Fath because her non-profit received complaints about the company ranging from towing to poor maintenance.

Fath declined an interview request, instead pointing to its website and renters agreement to show it had done nothing illegal. Perhaps not, but we wonder how others feel about the practice — and whether they’re subject to similar mandates from their own apartment complex or local homeowner association. Should this dude just fix his damn car by any means necessary, adhering to the agreed-upon rules, or is management being wholly unreasonable?

[Images: CBS 11]

Matt Posky
Matt Posky

A staunch consumer advocate tracking industry trends and regulation. Before joining TTAC, Matt spent a decade working for marketing and research firms based in NYC. Clients included several of the world’s largest automakers, global tire brands, and aftermarket part suppliers. Dissatisfied with the corporate world and resentful of having to wear suits everyday, he pivoted to writing about cars. Since then, that man has become an ardent supporter of the right-to-repair movement, been interviewed on the auto industry by national radio broadcasts, driven more rental cars than anyone ever should, participated in amateur rallying events, and received the requisite minimum training as sanctioned by the SCCA. Handy with a wrench, Matt grew up surrounded by Detroit auto workers and managed to get a pizza delivery job before he was legally eligible. He later found himself driving box trucks through Manhattan, guaranteeing future sympathy for actual truckers. He continues to conduct research pertaining to the automotive sector as an independent contractor and has since moved back to his native Michigan, closer to where the cars are born. A contrarian, Matt claims to prefer understeer — stating that front and all-wheel drive vehicles cater best to his driving style.

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  • Suto Suto on Jan 07, 2019

    They should have told him they were kicking him out for his hairstyle.

  • Kimberly Kimberly on Mar 05, 2024

    I am going through the exact same problem. The cosmetic problems on my car are expensive. I took it to a body shop, and had minor fixes done that I could afford. What is laughable is the complex itself needs to make improvements. It's not my car or any one else's that stops future tenants from renting. It is the Biltmore itself. The dings on my car aren't noticeable unless you are looking for them. Makes me think management is receiving a kick back from the tow truck company. They should be more concerned with the broken gates, broken water pipes, and leaking ceilings. These are all regular occurrences. You never know when you step in the shower if you will have water or not. I hate living here, but I pay my rent on time every month. I've had my car broken into several times, had a homeless guy break in to get out of the cold, bathroom ceiling fall in after a hard rain, etc. I can say I like my neighbors and it is a mostly quiet complex, but that's about it. My car is clean, and it runs. It allows me to go to work and pay rent on time. Sorry the economy sucks and I'm living from pay check to pay check. Most of the tenants here are in the same position. Dont judge. Fath Properties needs to do better and have compassion for those who keep their pockets filled.

  • Ronin It's one thing to stay tried and true to loyal past customers; you'll ensure a stream of revenue from your installed base- maybe every several years or so.It's another to attract net-new customers, who are dazzled by so many other attractive offerings that have more cargo capacity than that high-floored 4-Runner bed, and are not so scrunched in scrunchy front seats.Like with the FJ Cruiser: don't bother to update it, thereby saving money while explaining customers like it that way, all the way into oblivion. Not recognizing some customers like to actually have right rear visibility in their SUVs.
  • MaintenanceCosts It's not a Benz or a Jag / it's a 5-0 with a rag /And I don't wanna brag / but I could never be stag
  • 3-On-The-Tree Son has a 2016 Mustang GT 5.0 and I have a 2009 C6 Corvette LS3 6spd. And on paper they are pretty close.
  • 3-On-The-Tree Same as the Land Cruiser, emissions. I have a 1985 FJ60 Land Cruiser and it’s a beast off-roading.
  • CanadaCraig I would like for this anniversary special to be a bare-bones Plain-Jane model offered in Dynasty Green and Vintage Burgundy.
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