MORGANTOWN, W.Va. — Alleging violations of the state’s consumer protection law, State Attorney General Patrick Morrisey has filed a lawsuit against Metro Property Management, described as the state’s largest residential housing developer and rental company.
Metro Property Management’s business is mainly focused on college students in Morgantown and other campus communities throughout West Virginia. The lawsuit alleges that the company charged tenants a non-refundable fee, in addition to the standard damage deposit, to prepare the residence for its next tenant.
“Landlords cannot willfully violate state law to boost their own profits,” Attorney General Morrisey said. “The vast majority of landlords comply with state law, however this lawsuit demonstrates my commitment to protect consumers and hold those other landlords accountable.”
The state Attorney General’s office argues a property owner must provide a suitable living environment and passing that obligation on to the tenants violates West Virginia’s Consumer Credit and Protection Act.
Also targeted are alleged convenience and processing fees of $5 to $30, returned check and late fees of $50, an abandonment fee of $200, an hourly fee of $100 for those vacating past deadline and $25 for every item left behind.
Metro Property Management Response
The owners of Metro Property Management released a statement on Thursday denying wrongdoing.
The release stated “Metro Property Management is extremely disappointed that “Anti-Business” and “Anti-West Virginia” Attorney General Patrick Morrisey would unfairly attack this West Virginia small business
in such a brutal and misleading way. In every tenant relationship the tenant read the lease and agreed
to its terms.”
The suit seeks a court order demanding Metro Property refund all affected consumers, return all money collected from the unlawful fees and zero balance any outstanding related accounts, while notifying credit bureaus to delete information about those accounts from the consumers’ credit record.
The company’s response continued with “Attorney General Morrisey must believe that West Virginians are unable to think for themselves. We know differently and are confident that a West Virginia jury will recognize the fairness of our lease terms and
the wonderful services we provide.”
The lawsuit also seeks a $5,000 civil penalty for each violation of the state’s Consumer Credit and Protection Act.