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33rd Company Reviews (2)

Initial Business Response / [redacted] (1000, 5, 2015/10/29) */ Case # [redacted] , October 19, {PIPE} ICO: [redacted] {PIPE} [redacted] Encl: (1) Revdex.com Activity Report of October 19, {PIPE} ICO: [redacted] (2) ICS Restoration Scope of work {PIPE} [redacted] (3) ICS Vendor Service Photo {PIPE} Detached Gutter extension 10-14- (4) MoCondition Photo {PIPE} Side of home 09-17- (5) E-mail from [redacted] 10-19- Dear Revdex.com Customer Service Representative, Thank you for forwarding to us the subject Revdex.com complaintWe appreciate receiving your notice, and also the opportunity to review and respond to this complaint We have reviewed the complaint and associated allegations made by Mr [redacted] , and also the supporting information we have on file regarding the issues and the circumstancesWe have additionally reviewed the management contract that was approved and authorized by Mr [redacted] and the communications between parties that support our responses below On October 4th, we were notified by the tenant that there was a musty smell in the lower level as well as evidence of microbial growth on the baseboard and carpetA general contractor was dispatched to determine the scope and source of the issueOur general contractor evaluated and found the affected area to be greater than square feet and, following the EPA guidelines, we dispatched a remediation company (ICC Encl 2)Upon inspection they found that the corner of the bedroom had elevated microbial readings on the drywall as well as on the carpet and padding, they took photos to documentWhen they walked the outside of the property they found that the gutter was full of leaves and also the downspout extension was not secured so the water would be draining straight downThe affected area was adjacent to the exterior downspout so they indicated that the disconnected gutter extension was believed to be the potential source of water intrusion The complaint states that: “Rental MgmtCoimproperly holding landlord responsible for damage caused by tenant's removal of a downspout extension, resulting in water intrusion†There is in fact NO evidence that the tenants physically removed the downspout extensionThe tenants did not articulate or accept responsibility for its removal, nor is there any physical evidence of abuse, intentional damage or negligence on the part of the tenants (Encl 3) 33rd Company, Inc [redacted] Woodbury, MN (651) [redacted] 33rdcompany.com Additionally, per Encl (3) it is evident that the downspout may well have detached from use, either thru accumulated discharge pressure (as the downspout and gutter were filled with leaves), or from the vibration of water flow over time, or even thru the actions of a neighborhood child or animalThe simple fact of the matter is that there is no factual evidence that supports that the tenants were directly responsible for its removalAs such, the complaint alleging that the tenant’s “removed†the downspout extension is not supported by any facts Mr [redacted] indicated in an e-mail (Encl 5) that: “Since the tenants did mow the lawn, they would would have had to mow around the downspout extension (or remove it?) each time they mowed.†Encl shows the side view of the home at move-in, and that the downspout extension is wholly contained in the landscaping bed, and does not extend into the yardBased upon this photo, the tenants are not required to regularly remove or detach this extension while mowing the yardAs such, the assertion that they would have to mow around the downspout extension or remove it is not supported by the facts The lease agreement with the tenant (which was disclosed to Mr [redacted] in conjunction with his signing up for management services) does not include any provisions for the tenant to be required or responsible for checking all downspout extensions for inadvertent disconnection prior to every rainfallSuch a provision would not be practical, as tenants do tend to also go on vacation periodicallyFurthermore, the tenants are not required to perform gutter maintenance at all for liability reasons, as Mr [redacted] has been previously informed As a year property management company, we also wish to add that gutters are not considered to be a solitary fix for wet basementsThey can help reduce or temporarily mitigate unique water intrusion episodes, but ultimately such issues are only permanently fixed by addressing ALL of the contributing factors of moisture intrusion including: proper grading (which can settle over years), fixing cracks in the foundation or cinderblock, and installing a drain tile system and sump pump in the floor (as is required under building code)Homes with these repairs generally do not require gutters at allAs this is now the 2nd event of water intrusion in this older home (not including events prior to the rental as disclosed by Mr [redacted] ), we suggest it is time for him to consider adding these repairs during the next vacancy periodNot only will this fix the issue permanently, but it would also prevent a future tenancy from being disturbed for the sole occurrence of a disconnected extensionIt would also provide peace of mind for Mr [redacted] and obviate the need for him to drive by the property to check to see if an extension is connected as it starts to rain Lastly, the Property Management agreement with Mr [redacted] allows 33rd Company the ability to negotiate settlements (paragraph 16), and it was the determination of 33rd Company that there was no evidence to support a claim against the tenant under the lease agreement for the removal of the gutter extensionAs such, the determination made by us was already approved in the management agreement with Mr [redacted] In summary, the claims made by Mr [redacted] are not supported by the facts, nor do they align with industry practice or the management agreement between parties, and we believe that this complaint should be dismissed in its entiretyWe additionally recommend that the Revdex.com refer Mr [redacted] to his insurance company to file a claim on his Rental Dwelling insurance for the 33rd Company, Inc [redacted] Woodbury, MN (651) [redacted] 33rdcompany.com damages from this incident, and to additionally consider adding the above permanent repairs at the next vacancy period to prevent water intrusion in the future Once again, thank you for sending us this complaint, and for providing us an opportunity to respond Warmest Regards, Thomas R [redacted] General Manager/Owner (651) [redacted] x Initial Consumer Rebuttal / [redacted] (3000, 7, 2015/10/30) */ (The consumer indicated he/she DID NOT accept the response from the business.) While I appreciate the response of 33rd Company and the explanation provided, I'm at a loss to know what the recourse would be for property owners if circumstances like these arise Whether accidental or not, the fact is that the downspout was detached at some pointThe gutter was (and is) likely leaf-filled on appearance, but, as mentioned in my initial complaint, the foam inserts are specifically designed to prevent the gutters from being clogged and do allow water to pass through and run down the downspoutSince the evidence is clear that the water ran down the downspout at that corner of the house, it follows that the gutters were obviously not clogged and functioning properlyIn retrospect, it would have been better if the gutters were clogged with leaves, as that would have resulted in the water spilling over the gutters at various spots at the front of the home where the gutters are mounted as opposed to concentrating all of the water in this one spot where the downspout extension was detached The basic question is: To what extent do we hold the occupants of a home responsible for basic upkeep or even to simply notify the management company of a problem? If the wind blows a tree limb down and through a basement window and the tenant notices the broken window, but says nothing until a rainstorm floods the basement, does the tenant assume no responsibility for the damage that could have been prevented if the management company would have been notified when the broken window was first noticed? If the sump pump in a home becomes unplugged from the outlet, do the tenants assume no responsibility when water begins to flow up from the floor drains and throughout the basement? This particular situation is especially frustrating because the management company sold us on their service...on their diligence in monitoring the property we entrusted to them, yet the company in this instance, seems to be stating that there is nothing they can do until after the damage is already done While it is true that the new landscaping done prior to us renting out eliminated the need to remove the downspout extension when mowing or mow around it, it is clear in the photos that this extension is not hidden away behind an evergreen bush, tooThe extension and the point at which it connects to the home are visible, even from the streetA person mowing on that side of the house and trimming around that same landscaping would have to work very hard to not notice the detached downspout As noted in the response from 33rd Company, this same type of incident, with the same results and same cause occurred while the property was being managed by this same management companyThis should have resulted in a heightened awareness on their end, at the very leastYes, a more permanent solution would be ideal, but one must note that our house sits at the peak of the highest hill in Apple Valley and the grade on all sides and all corners of the home slopes away at a rather steep pitch in most areas...certainly far exceeding any standards set in the building codesIt is difficult to justify the expense of excavating to the foundation to patch a crack that may or may not exist when a $downspout extension solves the problem (especially when Minnesotans know that foundation repairs are a crap shoot, at best...There are no guarantees of a permanent fix when it comes to foundation repair) We lived in this home for years without any such water intrusion33rd Company has been our management company for over three years and we have had two identical water intrusion incidents Finally, lest we appear to be the cheap landlords who try to avoid paying anything, it should be noted that we have paid for extensive repairs and replacements in the home at the suggestion of 33rd Company when problems have arisen in the pastWhen water started dripping down from the ceiling and the 33rd Company inspector discovered rotting plywood under the shingles, we replaced the entire roof at a cost of nearly $12,at their suggestionWhen the furnace stopped functioning properly, we didn't hesitate to pay for a new furnace at a cost of $(I believe)Likewise, we have paid for a new water heater, plumbing replacement/repair, and the previous water intrusion without complaint, among other things If we aren't allowed to actively monitor the property as landlords and our management company refuses to take any active role in monitoring or inspecting the property regularly, except when damage has already occurred and they have been notified, I don't know how we could ever avoid situations like this moving forwardSince we are essentially prohibited from stepping foot on the property unless we pay a fee and get permission, I feel like we are the last ones that should be held accountable for this, because if we are accountable, I don't know how we could do anything differently (within reason) to avoid it happening again Final Business Response / [redacted] (4000, 9, 2015/11/09) */ Subj: Revdex.com Case # [redacted] , October 19, ICO: [redacted] Ref: (1) Revdex.com Activity Report of October 19, ICO: [redacted] Dear Revdex.com Customer Service Representative, Thank you for forwarding to us the subject Revdex.com complaint responseWe appreciate receiving this additional information, and also the opportunity to review and respond to this complaint As you know the investigation of the original complaint regarding Mr [redacted] 's assertion that that the tenants "removed" the downspout extender, was found to be not supported by the facts Furthermore, there was no indication that the tenants were aware of the issue, or knew that the downspout had become disconnected and failed to reconnect it, as is now further suggested by Mr [redacted] Once again, we recommend that Mr [redacted] refer the matter to his insurance company, and to additionally consider adding the above permanent repairs at the next vacancy period to prevent water intrusion in the future As the claims made by Mr [redacted] are not supported by the facts, nor do they align with industry practice or the management agreement between parties, we believe that this complaint should be dismissed in its entirety Warmest Regards, Thomas R [redacted] General Manager/Owner

Initial Business Response / [redacted] (1000, 8, 2015/06/23) */ June 19th, Revdex.com of Minnesota SRiver Ridge Cir Burnsville, MN (651) 699- Attn: Otto, Mediation Coordinator Subj: Revdex.com Case # [redacted] , June 11, ICO: [redacted] (Former Tenant [redacted] ) Encl: (1) Revdex.com Activity Report of June 11, ICO: [redacted] Dear [redacted] , Thank you for your subject complaint of June 11th, 2015, Enclosure (1)We appreciated receiving your notice and also the opportunity to review the complaint and respond We have reviewed the complaint, and also the supporting information we have on file regarding the disposition of the security deposit, and the specific charges that were appliedAs you know, 33rd Company has an internal dispute resolution process that includes an invitation for the member to meet with us to review all of the relevant invoices, photos, disposition summaries, and vendor estimates Pursuant to this process, Mr [redacted] received an invitation from us on 6/8/to meet and review with us all of this documentation, and we have not yet received a response to this invitation As this offer to meet and review predated Mr [redacted] Revdex.com complaint, we request that the Revdex.com refer Mr [redacted] back to us so that we can facilitate this meeting, in an attempt to review this documentation, and reconcile any remaining concerns that he may have regarding this issue Warmest Regards, Thomas R [redacted] General Manager/Owner (651) [redacted] Sent by e-mail: 06-11- [redacted] @thefirstRevdex.com.org Initial Consumer Rebuttal / [redacted] (3000, 10, 2015/06/29) */ (The consumer indicated he/she DID NOT accept the response from the business.) I am not convinced that meeting in person with 33rd Company is the best use of my time in order to reach my stated goal of receiving my full deposit backThey are requesting that I come to their office "to sit down and review the many move out photos and documentation" that they haveAfter the rental house was cleaned by a professional cleaning company, I walked through and took my own picturesAs a result of the walk through that 33rd Company had (not in my presence) after I turned in my keys, they mailed out a letter stating the outcome of their internal processI in turn requested an appeal, which 33rd Company also responded to but not to my satisfactionTheir unacceptable response prompted me to contact the Revdex.com for assistance I have rented multiple houses and apartments in various states, and by far, 33rd Company has been the hardest rental company to work with Before the issue of the deposit not being returned in full, I experienced other concernsFor example, 33rd Company made a verbal commitment to remove the washer and dryer from the rental house as I had my own to useTheir commitment was stated twice, once when I first saw the house and the second time when I finalized my rental agreementHowever, after I signed the contract they denied having said soAfter my repeated follow ups they agreed to give a credit of just $to move the washer dryer myself and asked me to pay for storing, de-installation and installation Several months before my rental contract was to expire, I asked 33rd Company repeatedly if I had the option to renew my contractThey dragged out their response to the point where I had to give them their required days notice of my departure before finding out that there was an option to stay After I had let 33rd Company know of my decision, they started scheduling showings without even informing me that they are going to do thatI get an email on March stating it will be placed for advertisement on the 1st of the upcoming month when showings already were being scheduledI let them know that I work from home, so it was imperative to have as much notice as possible and asked them to put a process in place so I know when they are scheduled and cancelled etcEven then the showings were scheduled half-hazardly and I was not informed of cancellations or changesThe process worked intermittently when I called or emailedI understand they have to lease the house so I just let it go I am able to provide more examples of the issues that I experienced while renting with 33rd Company, but the overall point is that 33rd Company is not holding itself to the same standards as they require of their rentersAs a result, I do not feel that by meeting with 33rd Company will address my concerns as their internal processes are lacking Final Business Response / [redacted] (4000, 12, 2015/07/06) */ Subj: Revdex.com Case # [redacted] , June 11, ICO: [redacted] (Former Tenant [redacted] ) Encl: (1) Revdex.com Activity Report of June 11, ICO: [redacted] Dear [redacted] , Mr [redacted] was invited to meet with us, in order to review all of the relevant invoices, photos, disposition summaries, and vendor estimates that were applied to his security deposit at the end of his tenancy As you know, 33rd Company, Inchas an internal dispute resolution process, and we would be happy to meet with Mr [redacted] , in order to review this information in an effort to resolve this complaint Thank you for providing us this information Warmest Regards, Thomas R [redacted] General Manager/Owner ***copied and pasted from email

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