Washburn University student shares headache renting from Oklahoma City's Lew McGinnis

Gabriel Kniffen says he found the bathtub filled with filth after he moved in August 2021 into a unit at Topeka's Washburn Arms Apartments, owned by Oklahoma City developer Lew McGinnis.

The Washburn University senior worked with members of his family to clean out the sewage that had backed up into the tub and onto the apartment's floor, he told The Capital-Journal last week.

Plumbing problems continued after that, eventually causing Gabriel Kniffen to move out last October and ask for the return of his $300 deposit, he said.

But apartment management refused, instead sending Kniffen a $300 bill for cleaning up "things that had already been dirty when I moved in," he said.

In the end, apartment management reimbursed Kniffen $76 but kept the rest of the deposit, he said.

Meredith Monaco, attorney and regional manager for the company that operates Washburn Arms, defended each of the steps it took regarding Knifften's former apartment in an email Friday to The Capital-Journal.

"When he moved, Mr. Kniffen did not schedule a time to walk through the unit with the manager to ensure he agreed with all the charges as is custom with most tenants," Monaco said. "If he had done so, he would have been able to correct items that he did not want to be charged for."

Washburn student said he needed apartment

Kniffen was a sophomore at Washburn when he moved in August 2021 into a two-bedroom apartment in Washburn Arms' building at 1930 S.W. Washburn Ave., he said.

The apartment wasn't ideal, Kniffen said, "but I kind of needed a place to live."

He initially lived alone but later got a roommate.

Maintenance workers who came to the apartment soon after Kniffen rented it told him they were replacing its toilet and planned to then clean out the sewage that was in its tub, he said.

But Kniffen said he left temporarily, then returned to see those men had gone without cleaning the tub. So he teamed up with members of his family to accomplish that.

Washburn Arms management cited 'roots in the sewage pipe'

Soon afterward, Kniffen said, he saw where The Capital-Journal had written in an article about a history of neglect that characterized properties owned by McGinnis in Topeka and other cities.

Throughout Gabriel Kniffen's time in his apartment, sewage has continued to back up onto its floor, said Kelli Kniffen, who is Gabriel's mother.

"Management said she knew it was because there were roots in the sewage pipe, but instead of fixing it, they would just have to plunge it enough that it would have to be done again a month later," she said. "Every month or so, the sewage would back up onto the floor of my son's apartment.

"And they were very slow to even come to fix it and then wouldn't clean up after it."

Gabriel Kniffen had to move out and stay with family or friends when the sewage backed up because the apartment wasn't liveable, Kelli Kniffen said. He wasn't reimbursed for those times he had to leave, she said.

Gabriel Kniffen also had to personally clean up the sewage on the floor in such circumstances "because they would only clean part of it after plunging the pipe," Kelli Kniffen said.

Apartment management describes four completed work orders

During the two years Kniffen occupied the apartment, four work orders related to plumbing were submitted and completed, Monaco said.

"One involved a clogged bathroom, and the carpet near that incident was replaced after the clog was resolved," she said. "A year later, another work order was created for a clogged tub, but no water damage outside of the tub was noted."

Earlier this year, a water heater leaked, was fixed and then the carpet was shampooed, Monaco said.

A toilet overflowed approximately one and a half months later, after which the carpet was shampooed and deodorized as soon as the clog was fixed, she said.

"It is in the best interest of manager, owner and tenant alike to have the property maintained in the best condition possible, and to ensure that takes place, the management employs full-time maintenance personnel and plumbers," Monaco said.

Lew McGinnis-owned apartment building had sewer issues

Gabriel Kniffen cited "maintenance issues" as his reason for leaving when he moved out of the apartment on Oct. 31.

Gardner subsequently sent him a document saying he wouldn't get back his $300 deposit because he'd been assessed $300 in charges that included $8 to clean the tub, $125 for carpet cleaning, $95 to clean the oven and kitchen cabinets, and $72 for damage to a blind and bulb.

"My son jumped through all the hoops to leave the property with 30 days' notice and is no longer in the property, but instead of returning his deposit, they sent him a $300 cleaning bill that they used as an excuse to keep the deposit," Kelli Kniffen said. "The problem with the cleaning bill is that the things they charged for cleaning, like professional carpet cleaning, weren't even cleaned when my son moved in. We have pictures."

Gabriel Kniffen showed The Capital-Journal photos that appeared to illustrate that the apartment was dirty when he moved in, although there were no photos showing sewage in its tub.

He said he thought the apartment — when he left it — was as clean, if not cleaner, than when he moved in.

"I'm pretty sure it's unfair to expect a tenant to make an apartment better than it was when they moved in," Kniffen said.

But Monaco said she assisted with the review of Kniffen's security deposit and agreed with the manager.

"Upon move in, Mr. Kniffen provided a detailed list of items he felt should have been addressed prior to his move in date," she said.

However, none of those were items that the security deposit charges stemmed from, Monaco said.

"The damaged blinds and the cleaning of the oven and kitchen cabinets were wholly unrelated to any items, and the carpet shampoo was necessary in areas that were not affected by the work orders and had not had to be shampooed after those repairs were completed," she said.

The only moderately related item was the $8 charge for tub cleaning, Monaco said.

"Because the last work order relating to the tub was over a year before his move out, we did not find this charge to be unreasonable," she said.

"When Mr. Kniffen disputed the move out charges, we compared the pictures he provided with the photos taken upon move out and maintained the charges that did not stem from any work orders or items listed as conditions existing upon move in," Monaco said.

'I guess they were trying to make us happy' by giving back $76

Gabriel Kniffen on Dec. 6 sent Gardner an email disputing the $300 in charges, including saying the tub, carpet, oven and cabinets weren't clean when he moved in. He also asked Gardner to specify how the blinds and bulb were different from when he moved in.

"We were not made aware that the light bulbs were our responsibility as they were not on the list given to us by management," he wrote. "We followed the list given to us by management when cleaning, but these charges do not reflect that list."

Gardner responded by providing a "final account statement" saying Kniffen would be charged $224.

"When Mr. Kniffen disputed the move out charges, we compared the pictures he provided with the photos taken upon move out and maintained the charges that did not stem from any work orders or items listed as conditions existing upon move in," Monaco said.

Washburn Arms paid the $76 by check, Kniffen said.

"I guess they were trying to make us happy," he said.

Contact Tim Hrenchir at threnchir@gannett.com or 785-213-5934.

This article originally appeared on Topeka Capital-Journal: Topeka student shares experience renting Washburn Arms apartment