Ex-Cell Property Management

Review: I contracted Excell to manage my home as a rental. The renter had used my home to display a Christmas theme in which thousands of people were invited, I asked Excell to find out about liability and if the roof had been damaged, never responded. Asking again for the roof report was told it was in my file, later discover there was no report.

At the end of the lease, asked about the cleaning of the outside of the house due all the glue used in the decorations at Christmas. Also requested all receipts for work and supplies, ie smoke detectors.

There was an overage for Waste management which [redacted] said she would take care of and get it back to me, never happened. I had asked for a nonrefundable dog deposit since I was allowing large dogs. I had a copy of the lease that a renter would be signing. Later it was whited out on the agreement that was sign.

Excell would not forwarded any paperwork to me and failed to represent themselves with the tenant. Then Excell went on to threaten me with law suits.

Settlement would be $300 for dog deposit, $150 with holding funds, $134.25 Waste manage fees totally $584.25 and written confirmation that Excell will not seek any further action in recovering expenditures, costs and fees it is not entitled toDesired Settlement: Signed agreement not to seek any further action in recovering expenditures, cost and fees they are not entitled to.

And refund amount of $584.25

Business

Response:

October 14, 2015

Revdex.com Spokane Office

RE: Complaint ID#[redacted]

This is in response to the complaint from [redacted] in regards to her property located at [redacted].

The tenant that we placed in her property is a Lawyer in the area and is an upstanding citizen. Never was her rent late nor was damaged done to her house that was not considered by the Justice system to be normal ware and tare.

In regards to the Christmas theme in which the tenant displayed lights and treats to help raise funds for children’s charities I was not notified until the community got involved. The putting up of lights was discussed between the owner [redacted] and the tenant through emails and conversations prior to Ex-cell Property Management LLC ever even being notified. If the question was ask to Ex-cell instead of the owner we would not have allowed the lights. The tenant did provide proof of liability insurance as requested by the homeowner. I can testify to the fact that a roofer did go up and inspect the roof as requested after the lights were removed she did not like our roofers opinion that no damage was caused to the roof so she sent her own roofer whom determine as well I am assuming that no damage was caused to the roof or we would have been withholding monies from the tenants Security Deposit if it was.

She asked about cleaning of the exterior of the house because although the tenant had cleaned it there was some remaining glue that we contacted the tenant and they went back and cleaned off. She did a walk- through of the property with myself and maintenance and told us exactly what the tenant damaged and that was exactly what was repaired as per her request and she was present during most of the repairs. She was then provided with all receipts.

I was never provided with the bill for Waste Management with a credit balance. Several month before the tenant moved out she brought up a bill I stated that she could provide me with a copy of it and we could bill it back to the tenant she stated to not worry about it. The owner [redacted] herself had a large dog in the property that was present when I was at the property trying to rent it out and we do not ever charge non-refundable pet deposits at Ex-cell Property Management. Again she got all of her paperwork that pertained to her property.

At this point I am not willing to settle as per my management contract I did everything that I was to do and she owes Ex-cell an outstanding balance at this time we are pursuing this with Small Claims Court to justify the facts.

Thank You

Ex-cell Property Management LLC

Consumer

Response:

Ms. [redacted],Below is my follow-up to Ex-cell Property's response to my complaint.Ex-cell’s response fails to address a number of issues, and misstates the facts. When Ex-cell sent an individual to clean my home after the tenant vacated, I called to inform the office that the cleaning service had not properly or adequately cleaned the house. I informed her of what was done and what was not done, and that it was not a satisfactory job. Ex-cell paid for cleaning, after which my family and I had to clean the home again. The lights that were placed on my home were in the thousands, and the glue that was left on the siding of my home made the exterior look dirty and aged, detracting from the value of the house and causing the siding to weather more quickly. My family and I personally scrubbed and washed the exterior of the house because Ex-cell failed to take care of the issue. Both the interior and the exterior of the home were left unsatisfactory. When the tenant sued for the return of his deposit Ex-cell failed to exercise a full good faith defense. Its response to the claim for the deposit did not address the itemized costs withheld from the deposit. I did not receive any copies of the documents provided to the court in response to the claim. Ex-cell's defense of the claim was minimal. After the tenant was successful in his claim, mostly due to Ex-cell inadequate defense of the claim, Ex-cell sought indemnification from me. Had Ex-cell defended the claim vigorously defended the claim, the judge would have been aware each cost withheld from the deposit. Instead, Ex-cell breached its fiduciary duty to me by failing to adequately defend the claim. Ex-cell failed to address the fact that the tenant drilled holes in my flooring to run cable, opened the motor on my refrigerator which voided the warranty, and drilled holes on the outside of my home for the lights. These are all financial costs to me which are not a part of normal wear and tear. Additionally, Ex-cell as completely failed to address the funds it owes to me, and is charging me for item never delivered. When my home was rented I had overpaid the garbage service. The tenant was explicitly responsible to pay for garbage, and Ex-cell improperly paid the garbage out of my balance, instead of charging the tenant, as was stated in the lease. Ex-cell is alleging $150.00 is owed to it for an ice-box cover that was never purchased. There is no ice box cover in my refrigerator. This charge is either mistaken or fraudulent, and it will not be paid. Lastly, there was a NON-REFUNDABLE pet deposit that Ex-cell erroneously returned to the tenant. That money was never supposed to be refunded to the tenant, and Ex-cell whited out language in the original agreement, creating ambiguity in its favor. The pet deposit was separate from the general deposit because it was non-refundable. When I spoke with Ex-cell about this I was left waiting, and the response I finally received did not answer my question. Ex-cell was dismissive and mostly unresponsive when I voiced concern about the pet deposit. I fully understand there is normal wear and tear included in renting out one’s home. I believed Ex-cell would manage my home and the tenant as I would. Had I not looked into the size of the Christmas event and informed the tenant that permits and other precautions may be necessary, my home may have been the subject of numerous violations. The event was so large the local police provided a crossing guard, something that neither Ex-cell nor the tenant researched. I could have been liable for any accidents or injuries on my property. Ex-cell failed to work with me and the tenant when managing the property. Ex-cell failed to timely deliver utility bills, resulting in late notices. In failing to deliver bills, Ex-cell created I situation in which I had to work with the tenant to ensure the utilities were paid on time. Ex-cell was receiving a payment every month for the management of my property, and yet, I was still forced to manage the property, otherwise my credit would be damaged due to unpaid utility bills. This is a breach of contract. Now Ex-cell seeks indemnification because it failed to do what the contract required. Ex-cell was responsible for overseeing the move-out process. It was responsible for adequate cleaning, and for maintaining itemized receipts. It still has not supplied me with itemized receipts, despite my numerous requests. Ex-cell refuses to cooperate, and instead has moved forward wit malicious prosecution despite its unwillingness to communicate and fully disclose its costs when cleaning the house. I am currently out of state, unable to access any of my paperwork on this matter, and therefore, will not be able to supply any supporting documents until after October 30th. I wish to resolve this matter without litigation. I requested that Ex-cell refund the monies from the garbage and pet deposit, and that it acknowledge the mistaken charge of $150.00 for a non-existent ice maker cover. Instead, Ex-cell chose to file suit, incurring further legal costs, which it seeks to recover from me. These costs were completely unnecessary, and should not be recoverable because Ex-cell is litigious in nature. I understand Ex-cell has expressed no interest in settling this matter. Thank you, Lee [redacted]

Business

Response:

I responded to the complaint we have a court date set for January 12, 2016 I do not feel like hashing this over and over is going anywhere. As stated in my response the court needs to make the decision prior to me making anymore comments.

My family and I moved here a few years ago and have rented with ex cell and have always been pleased with them they have always be good to my family.

Review: Hello, I am writing because the Property Management company aforementioned broke the lease agreement with us when the owner of the home sold to a private party. The rental agency then handed the lease over to the new owner of the home before our lease had expired, and without our consent, who proceeded to withold the deposits in full that would have been owed to us. This man who bought the property charged us OUTRAGEOUS repairs to the property beyond the scope of what we are responsible to the tune of $2,595! I called the property management company, and [redacted], the employee told me there was nothing she could do and that I was "screwed." This has been a complete swindle. My wife and two children were forced to move from this home which we had not even lived in for a year, find a new home, with the hassle of moving again, worked incredibly hard to clean the place spotless, and the new owner saw it fit to use our deposit as his personal purse to remodel the place on our dime! It is a true outrage, and we have been blindsided by this inhuman cold heartedness and lack of compassion. Our contract was with the rental agency, not the new onwer!Desired Settlement: I am very much hoping to be refunded our original depost. We had to take out a loan to put down a deposit on our new place, and this has left my family broke! I can't afford a lawyer, I feel like I have no options, I'm so frustrated! The deposit total was $1,325.

Business

Response:

September 4, 2014

Revdex.com Spokane Office [redacted], [redacted] RE: Complaint ID#[redacted] Dear [redacted] This response is to the complaint from [redacted] and the return of his Security Deposit for the property he leased at [redacted].

Ex-cell Property Management did not break the lease agreement with the tenant we manage properties for individual owners and circumstances can change weather that be an owner changes management companies, take the property back to manage for themselves or they choose to sell the property. Even when these incidents take place the terms of the contract the tenant signed with Ex-cell Property Management remain the same and have to be honored. We advise the tenant that the contract had to be honored and they choose to move out a month early they made an agreement with the new owner of the property to vacate and he would not hold them liable for the term of the lease. They were not forced to move out prior to the end of the contract.

This situation is out of my hands during the sale of the property I was instructed by the owner with whom I had a Management Agreement with to transfer all deposits during closing to the new owner.

His statement is not true as far as being told he was “screwed” by my employee. His wife [redacted] came into my office and I took the time out of my day to discuss the situation with her and that I would make a few phone calls and took a copy of the Move Out Accounting provided to her by the new owner of the property I told her that I would see what I could do to remedy this situation. I explained to her that I did not hold her deposits that the new owner had it but I would be willing to go to court if required with them to contest for the condition of the property when they moved in. He was yelling at his wife on the phone during this conversation and she told him if he did not quite yelling she was going to hang up the phone. Minutes after his wife walked out the door he called yelling at my employee on the phone refusing to listen to any reasoning at all. I was in the room and heard the entire conversation.

In closing I did call a few people to see if we could come to some kind of mutual agreement with the new owner and the tenant. I voiced to [redacted] that I did not agree with all of the charges against her Security Deposit and would see what I could do, I did showed compassion. I cannot control how the new owner handled this situation and I do apologize for that but I did not turn my back on them and was more than willing to work with them and this situation to come to some kind of resolve. In follow up with the calls I made I understand that they have filed suit against the new owner of the property and I would be more than willing to help them settle this matter.

Thank You

Ex-cell Property Management LLC

Amazing from the beginning. We have been renting for over two years with this company and they have been wonderful from day one! Super-friendly and quick to respond when needed. Never been more satisfied with a rental company!!!

I honestly cannot recommend this company. We live out of state, and our property was destroyed by the renter, because they did not check on the property for one year. Rented, Feb. 2012, a walk through on Dec., 2012. By then there was numerous damages, to the inside and out. Interestingly, there was no positive reviews up until a few months ago.

Review: We entered into a Rental Contract with [redacted] with Ex-Cell Property Management in CDA, ID August 28, 2012.Our lease expired August 31, 2013. I tried reaching [redacted] via phone many times the week before our lease ended to schedule a walk-through. I never received any calls back. At the end of the week I was told she was out of town for the holiday weekend. Still no calls. On Tuesday September 3rd. I tried calling again to schedule a walk-through. On September 4th I tried many times to reach [redacted]. Each time I call, the people in the office state that she is out, or in a meeting. I leave a message for her to return my call and she never has.In the afternoon of September 4th I reached Tracy who stated that she did the walk through the previous night around 8pm. I asked her why she did I without me because I have been trying for a week to schedule a time. Tracy informed me that they do not allow tenants at a walk-through. I am aware that the Idaho AG does not look highly among property management companies who conduct business this way. I have a very large deposit with this company and I worked my tail off cleaning it. My husband and I have both been home owners for the past 15-20 years so we understand what it takes to take care of a home and land.According to the pictures that I was sent, I missed a ceiling fan, dining room light, and a light switch. However, these small things could have been corrected if I was allowed at a walk through. They will not tell me what they are charging me for, only that maintenance has been sent out. They have not sent me a detailed list of charges/issues. [redacted] will not return any of my calls. I have been trying to be a part of this process and they a knowingly and willingly have purposely excluded me. That to me is not acceptable.I have also contacted to Idaho AG office and I will be filling a complaint with them as well.I will do whatever it takes to make sure that companies like this don't take advantage of me or others.Desired Settlement: I would like a full refund of my Security and Pet Deposit. In total it is $1795. I have willing been available to fix or clean anything that I may have missed. I have been lied to by this company about the process of moving out and the owners moving in. I have been left in the dark without even a phone call or letter to let me know what is going on.

Business

Response:

To: [redacted]

10/02/2013

RE: [redacted]

# [redacted]

To whom it may concern.

This letter is in response to the complaint filed by [redacted]

# [redacted]

When the [redacted] family moved in they always paid their rent on time and were really good tenants, Ex-Cell had no issues with the Family. In mid [redacted] of 2013 the owners of the property in which the [redacted] family resided ask that Ex-Cell Property Management LLC not renew the lease to their property. The owners ([redacted] & [redacted]) would like to move back into their home. Ex-Cell Property Management LLC contacted the [redacted] family right away and made them aware of the Owners request. This gave the [redacted] family plenty of time to look for another house. Ex-Cell Property Management LLC offered other properties we had available for rent. [redacted] said that she would not live in a manufactured home. [redacted] became very upset and irrational on the phone. This started the numerous phone calls wanting to do what ever she could to stay in the property in which she stated several times during phone conversation was her home and could not believe the owners were kicking the family out of their home (referring to the home as hers), Ex-Cell Property Management LLC spoke to the owners and asked for [redacted] if they would consider extending the lease at this point [redacted] started contacting the owner with several phone calls wanting to stay. These calls became very upsetting to the owners because of [redacted]’s rudeness and being irrational. The owners then contacted Ex-Cell and said that they were, tired of the phone calls and would just let it go to voice mail. They told [redacted] to call Ex-Cell and Ex-Cell would handle it from here do not contact them any more. The owners came back with an offer in extending the lease until April 30th 2014 with an increase in the rent and made it clear this was their final offer. If [redacted] did not want to take the offer then on the 1st of August 2013 she needed to put in her 30 day notice. [redacted] let Ex-Cell know that she would have to talk to her husband and get back to u& (Ex-Cell). A few days past and [redacted] called Ex-Cell back and said that they were going to find another place. [redacted] then called Ex-Cell and asked if they found something right away if the owners would be willing to let them out of then lease early. Ex-Cell contacted the owners and they were willing to do the [redacted] family a favor in their request. In mid July [redacted] called Ex-Cell once again stating that she was still having trouble finding a place and she is still very upset in this process. I ([redacted] one of the Property Managers) let [redacted] know that she only had a few weeks left and we would need her 30 day notice. [redacted] became very rude and using cursing language on the phone there was no reasoning with her. From this day forward the phone calls came everyday at least two or three times if not more. I ([redacted] or [redacted]) the other property manager would let her know that the owner was not changing their mind and we needed her 30day notice. [redacted]’s reply is I will give you my 30 day notice on the 1st day of August and not a day sooner. Ex-Cell then posted (see attached) a 30 day Notice To Vacate on August 1, 2013 by [redacted] (Owner of Ex-Cell Property Management LLC). The notice has the tenants named circled [redacted] & [redacted] and states as follows: The property should be vacated by the following date: August 31, 2013. Ex-Cell then received a 30 day written notice form [redacted] on August 2, 2013 ( See Attached) The owners then contact Ex-Cell that they would like to schedule a time to have the floor s in their home measured for new flooring. Ex-Cell contacted [redacted] and she said absolutely not that the owners were just trying to spy on her and see what the house looked like. Ex-Cell posted a 24 hour notice to enter putting the time and date (See Attached) that the owners would be there to measure the floors. [redacted] refused the owners entry and said this was not a good time for them to be there. The owners left and contacted Ex-Cell letting us know. [redacted] contacted [redacted] to let her know that the owners, were aloud to enter so what is a good time for her [redacted] let [redacted] know she was in violation of the 24 hour notice and the owners have a right to enter their properly with the proper notice. The owners let Ex-Cell know that they would compensate the Lenher family for their time by stating the [redacted]’s would not have to pay for the carpets to be cleaned which states in their lease agreement (See Attached) (Last Page Section B) Receipt of professional carpet cleaning is required upon move –out. This is a $348.00 savings to the [redacted] family. Carpet Quote provided by [redacted] (See Attached). The owner provided the [redacted] family with a trade of around $100.00 an hour savings on the time for measuring the floors. [redacted] stated to the owner sorry for the mess I really do not like to clean I am net a cleaner. The owners finished up and left. This is the point when more rude and at some points totally uncalled for cursing and abusive phone calls came to Ex-Cell flooding in daily. [redacted] called to state that she would not be out of the property any sooner than Midnight on August 31, 2013. [redacted] made that very clear every time she called. The owners brought in a letter to Ex-Cell on August 26th 2013 with some concerns. (See Attached). It states as follows: It is in the owners interest that the following items be returned to the home when vacated. To have all the appliances put back in place that were removed by the [redacted]’s without approval. The [redacted]’s removed the owner's Fridge put it in the Garage, Dishwasher and Range were stored in the Basement of the house during the stay of the [redacted]’s. The owner’s asked the [redacted] a simple request if they would bring the appliances back to their original place but not to hook them up they would be installing the new flooring and they would hook them up after the new floor was put in. [redacted] then called Ex-Cell about the installing the appliances she stated that if she was hauling them back in that she was hooking them up which her Husband states was in their lease. I([redacted]) told [redacted] to hook them back up that her husband was right [redacted] then stated that in a very rude manner that she would be hooking them up. August 27th [redacted] called and stated that to [redacted] that her husband was called out of town and she would not he putting the appliances back in place [redacted] told her that they needed to be put back as per her tease agreement or she would be charged for the re-installment This became another rude and abusive conversation with [redacted] so [redacted] fold her to do what ever she wanted and informed her once again to re-install the appliances or there would be a charge to her.

The owners called on August 29* 2013 to get an update on their property [redacted] had

told Ex-Cell that she again would be out no sooner than August 31st 2013 at Midnight Ex-Cell relayed that to the owner and that we would do our walk through on September 3rd 2013. The owner asked if they could go in and remove the carpeting for the floor installers after the [redacted]s moved out I ([redacted]) told the owners that if they were to do that Ex-Cell would not be able to do the move out and any Damages the [redacted]s left to the property would he null and void. The owners agreed to not go into the property until the move out was done. The owners at that time Schedule an appointment with me ([redacted]) to do their walk through- This walk through was schedule for September 3rd 2013 after the long week-end in September. [redacted] called on the morning of September 3rd to ask if she could do a walk through I ([redacted]) told [redacted] that the walk through was going to be done that day and I ([redacted]) would be there between 5pm to 7pm. I ([redacted]) do the walk through in the Rathdrum areas after work because I live out there. I arrived at 5:10 pm and the walk through usually takes about an hour or two depending on the size of the house. I took my pictures and did my documentation and left the house at 6:45pm. [redacted] did not show up. [redacted] called on the morning of September 4th 2013 wanting to know about the walk through I ([redacted]) let her know once again that I did the walk through on September 3rd in which she was very aware of and she did not show up at this point [redacted]'s language became very repulsing and rude I let her know that she needed to turn in her keys at this time that as per her lease agreement (See Attached) (Last Page Section C) that all keys and garage door openers must be turned in when property is vacated. If all are not turned in at that time, you will be charged a pro-rated rent until they are turned in to Ex-Cell Property Management LLC. The [redacted]'s were in violation of the lease and Ex-Cell did not charge them for the outstanding days ( 4 days) of prorated rent. [redacted] received an email for [redacted] (See Attached) on September 4th 2013 stating that she left the Key's and the Garage Opener under the mat on the door. Yet another violation as per to lease agreement (See Attached) (Last Page Section C) states turning in all Key’s And Garage Door Openers to Ex-Cell Property Management LLC. I ([redacted]) on my way home from doing more move outs stopped by the property in which the [redacted]'s resided to pick up the key's and garage door opener. I arrived around 7:00pm on September 5th 2013. I pulled in the drive way noticing a large black truck parked in the road talking to the neighbor so I went to the porch to where [redacted] said she left the key's and garage door opener under the mat I picked them up unlocked the door to put the garage door opener inside is where we leave all the openers to the properties then proceeded to leave the property when [redacted] pulled up behind my car in the driveway and she demanded to see the property so I ([redacted]) did a walk through with her showing her all the things I found on the first scheduled walk through which she did not show for. [redacted] admitted that she did miss the filthy living room fan that she did not have a tall enough ladder to reach it I showed her all the dirty marks and mud on the outlet covers the walls and the window sills. In the small bedroom to the front of the house there was chicken poop on the window sill. [redacted] said that was her sons responsibility to clean that and she should of checked behind the kids when they were cleaning. [redacted]'s son was with her at the time and he admitted to not cleaning it because he was playing a game. There were several dirty fingerprints, shoe prints on the walls [redacted] tried to wipe them off with her sleeve of her coat I made her aware once again that the appliances were not re-installed so there would be a charge for them, some painting and cleaning. In the bedroom there was a blind missing and [redacted] admitted to taking it down plus the shelf in the closet and not putting it back. There was also a broken light fixture that [redacted] admitted to breaking and that she had bought new ones and left them on the counter for the owner. These where not re-installed by the tenant as once again as per her lease agreement the property is to be left the way the tenant received it,(See Attached) ( Lease Agreement Section Maintain Premises # 1) Keep the occupied portion of the premises clean, sanitary manner including equipment, appliances, smoke detectors, and facilities and hardware ( sinks, tub/showers, toilets). [redacted] did do a walk through and was very aware of the damages to the property, [redacted] also admitted to taking the light bulbs out of the laundry room because she took the original ones out and she bought her own for the baby chicks they had in the house in the laundry room.

On September 2013 [redacted] called first thing morning and demanded that we email her pictures of the move out so [redacted] emailed them to her to show [redacted] the damages. [redacted] demanded that she be let back in and she could clean. [redacted] informed her that she had left her key’s on the front porch and that she was done on August 31st at Midnight Ex-Cell received a phone call from the owner and they asked if the were allowed to go back in at this time to remove the carpet Ex-Cell gave them the go ahead. The. owners went to their property on September 7th 2013 to organize the carpet removal the following weekend September 14th 2013, But on September 7th while they were organizing some things and carpet removal [redacted] showed up at the property the owner [redacted] met [redacted] at the door and let [redacted] know that she was trespassing and she needed to leave or she ([redacted] the Owner) would be calling 911 and have [redacted] arrested for trespassing. The Owner ([redacted]) called our office Monday morning September 16th 2013 and let Ex-Cell know what had happened on the week-end. I ([redacted] told them they did the right thing and if [redacted] did not stop harassing them to have her arrested at this point it has now become stalking and [redacted] needed to be stopped. [redacted] called once again for the next few weeks everyday wanting to know about her refund. Ex-Cell let [redacted] know we had 30 days to finish our accounting and we would send her refund and statements to her of the amount being deducted for the repairs and cleaning. (See Attached) Tenant Statement on the Statement is shows all charges that were deducted as you will see they were not charged for the damaged doors.

In [redacted]’s letter to the Revdex.com [redacted] states that she was not aware of what we were charging her for, This statement is very untrue because prior to her letter to you she was emailed pictures and she also did a walk through and was told countless times that she would be charged for the re-placement of the appliances, the broken light in the stair well which she admitted to breaking and purchasing new ones and did not install some painting and cleaning.

If [redacted] did not do a walk through or Ex-Cell did not include [redacted] in the process which she states in her Desired Settlement statement (Last Sentence ) [redacted] states she was left in the dark without a phone call or letter to let me know what is going on. Why is it that through out her Complaint to the Revdex.com [redacted] refers to the Pictures she was sent, [redacted] recalls that she talked to [redacted] on a couple of different occasions. [redacted] states also that she was aware of the ceiling fan and,(fining room fight and a fight switch and that the maintenance has been sent out. If Ex-Cell left [redacted] in the Dark she would have no way of knowing these things.

In conclusion through out the process with the [redacted] family ([redacted] & [redacted]) Ex-Cell Property Management LLC and the Owners [redacted] & [redacted] went Above and Beyond for the [redacted] Family. Ex-Cell went to extreme for [redacted] from helping her with trying to find the Family another rental to involving her in every process. taking the numerous abusive, cursing and rude phone calls to the owners not changing them for carpet cleaning and the doors. We at Ex-Cell strive to keep our Tenants and Owners happy. It was [redacted]’s choice to make things more difficult for all parties involved than needed to be. There was nothing Ex-Cell or the Owner’s could do at a certain point that was going to make [redacted] happy.

Desired Settlement:

We at Ex-Cell stand firm with our findings in the events noted on the tenant ledger. The charges that were deducted for their deposit were more than fare. The amount could of exceeded much more, The owners did not charge them for the two doors they damaged also. The total for the doors and labor saved them $350.00 dollars. We at Ex-Cell Property Management would like to put this behind and move on.

Thank-You for Your Time

Ex-Cell Property Management LLC

###-###-####

Consumer

Response:

[redacted]:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

11 October 2013

Ex-Cell Property Management

Attn: [redacted] - Owner

CC: Revdex.com Spokane Office

Complaint #[redacted]

CC: Office of Attorney General

The following letter is Ex-Cell Property Managements reply to the letter that I sent to the Revdex.com of Spokane and to the Idaho Attorney General on 9/13/2013.

Their response is very lengthy, disorganized, poorly written, and contains mostly contrived information. The only way that I can respond is to simply dissect the letter and provide a true account of what actually happened. I am confident that after hearing the true events as they unfolded the Revdex.com and Idaho Attorney General will understand how Ex-Cell PM has manipulated this event, distorted the facts, intentionally avoided to do their job in a professional manner, and truly should be investigated. A company who provides a service to the public should not be allowed to take advantage of people the way Ex-Cell PM has taken advantage of my family. Ex-Cell PM operates an immoral and dishonest business while misleading owners and tenants along the way. Ex-Cell PM should not be allowed to continue to steal and take advantage of people, no matter how irritated they are at a tenant or an owner. Deliberately ignoring the situation only makes things worse, and in this case leaves the tenant (myself) wondering what is going on.

Please see my responses below in the letter that is attached. Many of my responsive are redundant due to the fact that Ex-Cell Property Managements original document is poorly put together.

Thank you,

Business

Response:

October 30,2013

Revdex.com Spokane Office

152 S. Jefferson Street, Suite 200

Spokane, WA 99201-4352

RE: Complaint ID#[redacted]

Dear Dustirt [redacted]

This response is to the complaint from [redacted] and the return of her Security Deposit for the property she leased at [redacted],

I want to start by stating that [redacted] did not have a problem at all with Ex-cell Property Management from the time she viewed the property after she moved in and was living in the property for over 9 months. She rented a property that was well maintained by the owner and very clean when she moved into it. A longer lease was offered to her prior to moving and she had voiced even in her responses that she planned to stay in the property for 3 years.

The owner of the property had a life change and so they wanted to move back into the property when her lease was up at the end of August 2013, We advised [redacted] in [redacted] that the owner was planning on returning at the end of her tease. I am not getting into all the details of he said she said but [redacted] was not happy with the owner’s decision to move back into the property which is very clear in her response. She was given ample time to find a new home for her and her family. I myself spoke to her on several occasions even trying to find her a new home. We gave her the opportunity to move out early if she found a property or even stay additional time if needed. She became very combative stating to me that she can’t just move out. I told her that the owner has a right to have their home retuned to them at the end of her lease.

I and my staff treat people with respect and do the best job that we can do but we are a company that works with both owners and tenants which sometimes leaves us in the middle of situations in which we have to handle. That being said I do not expect my employees to take abuse from anyone.

Regardless of what was supposedly said by both parties as per the Lease Agreement that was signed by the [redacted]’s they are suppose to leave the house in the condition it was given to them minus normal wear and tear. I did work with her move out and the property was not cleaned to the same condition as when she took possession and damages were done to the property that were not normal wear and tear. It would be a great world if we did not have to pay people to do required work on our properties but we do and I stand behind the charges. She was not charged for 2 doors that were damaged, bedroom wall or the back deck with deep scratch marks. I was present at the house prior to her moving in and after she had moved out and the house was by far not in the same condition.

In closing I have tried to work with the situation to please both tenant and owner but it is very clear that even though she admitted to doing damages to the property she doesn't want to take any accountability for her actions. I stand behind the refund that was provided to her and believe that it was more than fair.

Thank You [redacted]

Ex-cell Property Management LLC

Consumer

Response:

Ex-Cell Property Management 17 November 2013

Attn: [redacted] - Owner

CC: Revdex.com Spokane Office

Complaint #[redacted]

CC: Office of Attorney General

It is clear that Ex-Cell Property Management has a habit of lying and manipulating the actual truth in events that occur. If they had actually read what was wrote in the previous letter, they would have known that I DID NOT admit to any damage because there was NO DAMAGE done to that home.

At this point I would like to request again that Ex-Cell Property Management provide me with the following items.

1. Signed copy of my move-in inspection sheet.

2. Signed copy of my move-out inspections sheet.

3. Photos of the damages listed on the invoice that was billed to me.

4. Dated receipt from the cleaning company that I was billed $293.87 for.

5. Detailed breakdown of charges on the work Mr. [redacted] performed that I was billed $195.00 for.

I have requested these items previously and have not been provided with them. Ex-Cell Property management thinks it is ok to ignore my requests because they believe they have the upper hand in controlling this situation, and defrauding me.

Thank you,

Business

Response:

November 27,2013

RE: Complaint ID#[redacted]

Dear [redacted]

This response is to the complaint from [redacted] and the return of her Security Deposit for the property she leased at [redacted].

I am not going to entertain the childish responses in regards to my company. I have previously Stated where I stand on this situation and I have not changed my mind, I have done my due diligence in providing to her what is required by law.

Thank You

Ex-cell Property Management LLC

Consumer

Response:

Ex-Cell Property Management 12 December 2013

Attn: [redacted]

CC: [redacted]

Complaint #[redacted]

CC: Office of Attorney General

Dear [redacted],

The following is in response to the letter received from Ex-Cell Property Management on December 5, 2013.

I reject the proposed resolution from Ex-Cell Property Management to not refund my depost. I DEMAND a FULL REFUND of $488.87 by 12/20/13.

The following is from the Office of the Attorney General - Landlord and Tenant Guidelines pg. 28-29.

Misrepresenting Necessary Repairs:

The Idaho Consumer Protection Act prohibits landlords from misrepresenting to a tenant that a repair is necessary when it is not. If a landlord deducts costs for imaginary repairs or for repairing items that were damaged before the tenant moved in, the tenant should send a letter to the landlord objecting to the landlord’s itemized list of deduction. In the letter, the tenant should provide a detailed explanation of why the deductions are excessive or incorrect and demand that the deposit be returned within three days.

I have documented in previous letters to Ex-Cell Property Management that the home located at 16650 N Sitka Rd was cleaned and there were ABSOLUTELY NO DAMAGES.

According to my lease; page 2, #5 C, The tenant shall on termination of this tenancy clean, restore, and return the rented premises to the landlord in the condition in which it was received, EXCEPT, for reasonable wear and tear.

Below is a chart showing examples of Wear and Tear Vs. Damage and Excessive Filth. This chart is provided by the Office of the Attorney General – Landlord and Tenant Guidelines pg 27.

I will state again that this home was cleaned and left with NO DAMAGES. Ex-Cell Property Management is charging me $293.87 for 10 hours of cleaning and supplies and another $195 paid to [redacted]’ husband for unnecessary and fraudulent repairs.

In the letter to Ex-Cell dated November 17, 2013, I requested photos of the damages listed on the invoice for $195 and a dated receipt from the cleaning company used in which I was charged $293.87. Ex-Cell Property Management called this a childish request. This request is not childish, it is a completely legitimate request considering Ex-Cell Property Management completely denied me the opportunity to participate in the move out inspection process and then withheld $488.87 from my deposit without due cause.

The following is from the Office of the Attorney General – Landlord and Tenant Guidelines pg25-26.

Move out Inspection:

Inspecting the rental once the tenant finishes cleaning is an important step in ending the landlord-tenant relationship. To ensure that the tenant has first-hand knowledge of any property damage that the tenant must pay to repair, the tenant needs to participate in the move out inspection. Both parties should document the inspection in writing and through video or photographs. If possible, the parties should write down a list of the items in need of repair, replacement or further cleaning. The Rental Move-In / Move-Out Inspection Checklist in Appendix D is helpful for the move-out inspection. While it is not unlawful for the landlord to disallow the tenant’s presence at the move-out inspection, the Attorney General’s Office discourages the business practice. Not allowing the tenant to attend the move out inspection places the tenant in an indefensible position if the landlord withholds the tenant’s security deposit for unnecessary repairs. If the landlord refuses to allow the tenant to attend the move out inspection or both parties cannot inspect the property together, the tenant should document, photograph and/or videotape the rental once it is vacant and cleaned. Having an additional individual present during the inspection also may be helpful if the tenant needs a witness to testify at a hearing to recover the security deposit.

Ex-Cell Property Management never provided me with a Move-In Walk thru sheet and a move out cleaning checklist. You can see on the copy of our lease that throughout the entire 6 pages we have initialed and signed where necessary, except for the bottom of page 5 where it states:

We have received a move-in walk thru sheet and a move out cleaning checklist. Initials _____

This part of the lease is not initialed because we were not given these documents. When I called [redacted] regarding the move in checklist, she told me not to worry about it because she had photos of the home.

The following is from the Office of the Attorney General – Landlord and Tenant Guidelines pg 28.

Tenant’s Remedies for Obtaining Security Deposit:

Idaho law provides a relatively simple procedure for a tenant to follow to obtain a deposit from a landlord who fails to return the tenant’s deposit or provide an itemized list of deductions within 21 days after the lease ends.

Step 1. Write a letter to the landlord…

I have wrote letters to demand a full refund due to the fraudulent behavior that Ex-Cell Property Management exercises within their business. All letters have gone through the Revdex.com of Spokane and the Idaho Attorney General.

Step 2. Wait for a reply from the landlord…

I have replied to every letter that Ex-Cell has sent back through the Revdex.com. I am not satisfied with their settlement offer of “nothing”. I have provided a detailed timeline of events and provided proof in emails, text messages, and phone bills that what they say is a lie. This company has fraudulently charged me for an excessive amount of money that is completely unjustified.

Step 3: Sue the landlord…

Ex-Cell Property Management has not refunded the amount of $488.87 that I requested. I find that after this letter, if Ex-Cell Property Management decides to continue to withhold my deposit that I will need to take legal action. I have contacted an attorney and I will proceed with that action if needed. I have been advised that I can also subpoena the records that I requested from Ex-Cell in my letter dated November 17, 2013, myself or an attorney can subpoena them.

[redacted] told me in September when we had a discussion regarding the return of my deposit that she was not concerned with what she was planning on charging me for damages because she has been doing this for 20 years.

I have no doubt in my mind that this company has been taking advantage of people for 20 years. The lies, deception, contrived stories, and lack of communication within her office is pathetic. I cannot sit back and let this company continue to treat people the way they have treated me.

Step 4. Go to Trial…

The parties will receive notification of the date, time and place for the trial. The judge will ask the parties to explain their positions and present their evidence. The tenant should provide a copy of all communication with the landlord, photographs and/or videotapes, and bring witnesses who accompanied the tenant during the final inspection. If the tenant wins, the judge may award the tenant three times the security deposit, plus court costs and attorney fees.

In conclusion, I again demand, paid in full, the remainder of my security deposit in the amount of $488.87, paid to me by 12/20/13.

Ex-Cell Property Management refused to give us a move in checklist

Ex-Cell Property Management refused to allow us a move out inspection

Ex-Cell Property Management will not provide us with photos of the damages they have charged us for

Ex-Cell Property Management will not provide me with a dated receipt from the cleaning company

Ex-Cell Property Management will not provide me with a breakdown of charges that her husbands company charged me for

Thank you,

Consumer

Response:

Revdex.com Spokane Branch 29 December 2013

Attn: [redacted]

Re: Ex-Cell Property Management

Case# [redacted]

I am writing this letter in regard to the recent request for arbitration/mediation with Ex-Cell Property Management.

I filed my original complaint against Ex-Cell Property Management in September 2013; at that time Ex-Cell Property Management was not an accredited member of the Revdex.com.

Ex-Cell Property Management opened for business in Idaho in December of 2010. Ex-Cell Property Management has had 3 complaints filed since 11/2012 and my complaint is not posted online yet, so that would make 4 complaints in less than 1 year. [redacted] added her business to the Revdex.com in October 2013, hoping that I would settle.

[redacted] is well aware that the damages and cleaning fees she charged me for are fraudulent. [redacted] is also well aware that I told her I would take this as far as I needed to. That being said, it makes no sense for me to participate in arbitration/mediation. [redacted] owes me almost $500 and by paying $125 to the Revdex.com I am losing out on what is owed to me.

I will proceed within the court system so that Ex-Cell Property Management can properly pay for their unjust and fraudulent behavior. I will subpoena the records that I have previously requested through the Revdex.com and provide the courts with the documents they need to prove that Ex-Cell Property Management is not justified in their behavior.

I thank you for trying to help resolve this issue.

Review: To whom it may concern,My name is [redacted], I rent a home with two other guys in the Coeur d' Alene area from Ex-Cell Property management. We all pay 175.00 cash every month to Ex-Cell to equal the total rent amount of 525.00Our rent is due at the beginning of each month and in the month of july my rent ($175.00) paid in cash came up missing. I went in on the 3rd of July to pay my rent and the office was closed, However [redacted] (The Ex-Cell Property Management owners) car was parked there and the back door of the office open. I poked my head in the door and yelled to see if I could grab anyones attention so I could get my rent paid on time. After two or three attempts I gave up and went to the pest control bussiness located behind Ex-Cell and asked the front counter lady to borrow an envolope and a pen so that I could just put my rent in the drop box. I did exactly that, placed my $175.00 in the envolope, sealed it, wrote my adress, amout paid and name on the envolope, then dropped it in the secered drop box. The drop box in which drops the mail into the inside of the building. I thought all was good and a month went buy until I got a call from EX-Cell, they claimed they had never received my rent for the month of July. After discussing the situation with [redacted] on the phone she said that she would get it taken care of it and I confermed with her that I would not be getting charged for the missing payment, as for it was on their end, and she agreed. Today, September 10th, I go check my mail and find a bill from Ex-Cell for the $175.00 (missed payment 7/2013). I took that bill and went down to Ex-Cell to discuss again with them the bill that I thought had been taken care of. The ladies in the office proceded to tell me that it was not there problem and call me stupid. I asked them multiple times to please give me a chance to speak and stop calling me stupid, and of course the front desk lady just continued to call me stupid for putting my money through the drop box as for it is not un common for someone to reach through the drop box and steal the envolopes inside. I however believe that it is not likley that the envolope containing my rent money could have been snatched up from someone on the outside for two reasons. One, I tossed my rent money envolope through the door drop box, and two it would be near impossible to fit your arm through the drop box slit in the door. Revdex.com, this only leaves one option My rent money had to of been either stolen or miss placed by one of the Employees at Ex-Cell property management. I believe that as a young kid new to life opn my own I did make a mistake by putting trust in Ex-Cell that they would be honest and be sure that the money I gave them went torwds paying my rent. However after this situation, and being treated the way I was, I no longer feel safe in my lease nor feel comfortable in my home that I rent from them. After reading through reviews I found on the internet about Ex-Cell property management I found that I am not the only person that has fallen into dispute regaurding so called missing money.Desired Settlement: I would like Ex-Cell property Managment take responsibility for the mis-handeling of my rental payment of $175.00.

Business

Response:

To whom it may concern:

Our company is Ex-Cell Property Management in which one Mr. [redacted] rents a unit for the amount of $525.00 per month. Mr. [redacted] claims that he came to the office on Wednesday the 3rd of July 2013 right before long weekend with a lot of activity in town to pay his portion of rent in the amount $175.00. He also claims that the front door to our office was locked but that the back door was open and he supposedly yelled into the back door to see if anyone was here. We are a customer service business and we put our tenets first; if there had been someone here and have heard Mr. [redacted] holler into the back part of the office we would have assisted him in accepting his rent.

The owner of Ex-Cell Property Management [redacted] never received the rent money that Mr. [redacted] claims to have dropped. Having waited past the allotted time to pay rent [redacted] had to pay the owner of the facility of which Mr. [redacted] resides at so she paid the $175.00 out of her own pocket; also with which Ex-Cell sent out a charge back to the tenet for the amount of $175.00.

Mr. [redacted] then claims that he dropped his rent in the form of cash in the amount of the $175.00 with which we have bold letters on the front door of our office building directly above the drop slot that says "DO NOT LEAVE CASH IN THE DROP BOX". He also claims that he tossed the rent through the slot and saw it land at the end of the mat we have in front of the door. However the door to our office has a one way screen on it so that the employees of Ex-Cell can see out, however people cannot look through the door and when we leave the facility for the evening we draw the curtains as well, so there is no possible way for Mr. [redacted] to have seen his envelope if he had dropped it.

Mr. [redacted] then also claims that he called and spoke to [redacted] to the extent that she supposedly said that it was taken care of. She never spoke with Mr. [redacted] over the phone about the rent and did not say to any extent that it was "taken care of and not to worry about it."

We spoke with the owner of the facility at which Mr. [redacted] resides at and the owner of that facility said: "If they are stupid enough to drop the cash without getting a receipt then they need to be accountable for paying the $175.00 for rent."

On Wednesday September 11th 2013 [redacted] one of the property managers came in to the office and found rent for the facility of Mr. [redacted]s' address dropped once again in cash, propped against the opening of the drop slot, with no name on the envelope, but in an old Christmas card with a letter inside of it. Thursday September 12th 2013 at 9:00 A.M Mr. [redacted] came into the office of Ex-Cell Property Management and said that he needed to discuss and dispute the bill that he had received for the July rent. Mr. [redacted] began arguing with [redacted] about the July rent, in which it became elevated in which he was raising his voice to her saying that he was not going to pay this bill that we had sent to him for his rent. [redacted] then told Mr. [redacted] wbat the owner of the house he is staying in had said that "If they are stupid enough to drop the cash without getting a receipt then they need to be accountable for paying the $175.00 for rent."

I (Rianne) the other property manager was trying to discuss a different topic with a new home owner that was in our office and Mr. [redacted] yelled at [redacted] to not call him stupid. We are a reputable company which has been in business for years, we do not use that kind of language with

anybody, we treat all of our home owners and tenets with the utmost politeness and respect as possible.

[redacted] then replied to Mr. [redacted] "I am not calling you stupid [redacted], I was trying to explain to you what the owner had said." At that moment the phone rang and Mr. [redacted] shouted into the background that we were the worst company ever as I was trying to speak into the phone. I placed the client on hold and told Mr. [redacted] that if he wished to act this way he could leave our office. Mr. [redacted] replied to myself and [redacted] with disrespect and foul language with the door open that we were not being mature about the situation and that he was going to call the home owner and complain, with that Mr. [redacted] walked out of the office and yelled into the street that we were the worst company ever yet again with continued foul language and proceeded to slam the door and leave. Putting us in that this particular hostile situation made us feel unsafe at that moment.

At this point in time out of the kindness of Ex-Cell Property Management's owner [redacted] has paid the balance out of her own pocket and we are moving on from this situation.

Thank for your time,

Ex-Cell Property Management

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.

I am happy that the company has agreed to pay the balance of 175.00 out of their own pockets as for they made the mistake of not tending to the money in a proper professional manor. I do however feel uncomfprtable with the wording in their reply on the issue. It seems to me they have just found an excuse for everything rather than approach it from a profesaional standpoint like they should have from the beggining. my concern now is that the way they worded the final responce saying they have as of now paid the mossing due balance makea me feel as if they are going to come after me for it again at a later date.