Action Properties - Roseville

I am rejecting this response because: Action Properties has never sent any documentation to us at our forwarding address of [redacted] is my parent's address and to this day no one has received any mail or documentation at that address from Action Properties at allMy parents are prepared to testify in a court of law to this factIn our lease, Addendum Page #states that an itemized disposition of security deposit will be mailed to tenant at the forwarding address provided, within days after surrender of premisesWe never received a statement of itemized disposition within daysAfter multiple attempts to contact them as noted before, we received an email dated October 12, with estimates of charges exceeding $each; with no explanation of work done or actual paid invoicesAs you know, we vacated the premises and handed in our keys at [redacted] *** on September 17, Pursuant to CalCivCode §1950.5, Action Properties was required, by October 8, 2014, to refund our security deposit and/or provide an itemized statement listing any amounts Action Properties has withheldAction has failed to do so by the designated time required by law; therefore Action Properties has lost the right to keep any of the security deposit and must return the entire $1,depositWe will regard the retention of our deposit as a showing of bad faith on your part therefore Action Properties may also be responsible for damages up to (2) times the amount of the security deposit for illegally withholding our security depositWe retain the right to seek additional damages up to the amount allowed by law in a small claims proceeding

Tenants entered into a lease agreement for a one year term starting 3/31/2014, they gave notice to vacate on Aug 30, At that time we also sent a response with regards to breaking lease and responsibilities The Rental agreement clearly states under Breach of contract:early termination: that Tenants shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rentalLandlord withhold any such amount from Tenant's security DepositsTenant's were given a written statement itemizing the deductions on 10/to the address they had given to our office at the time of move out Subsequent statements have been sent to a different address along with receipts for work that was performed

The *** moved from the property on 11/30/As of Today's date we have been in constant contact with the *** via email and visits in our office. The *** were provided with a list of concerns on 12/2/and a estimated disposition of how the deposit of $was to be expended.
There have been several emails back and forth so they were notified it was the property owner's intention to remedy the issues found. The biggest issue which absorbed the majority of the deposit which was due to pet urine. The ***'s also were sent several photo's which outlined the concerns. I have attached the statements which were sent via email and regular mail. The owner has been working on the property for a solid two weeks and the repairs are still not 100% complete. ***'s were notified that when the work was completed the actual bills will be sent. The owner is not withholding deposit in Bad Faith, he has provided estimates and is having the work completed so another family can occupy the home. He has taken two weeks from his job to work on this situation. He is trying to be fair and diligent in trying to complete the repairs so the costs would not be excessDue to the heavy cat urine on the paneling it had to be removed which also triggered all other paneling to be removed in the living room. Also the cat urine soaked the carpet so heavily it penetrated the wood floors under them. To remedy this situation the floors had to be cleaned with wood cleaner and then sealed with kilz primer. This was pet urine (cat), not something in the walls, our office has no maintenance requests for any such issueWe have sent photo's showing the damage. *** ***

Action Properties prepared the attached document and mailed to the [redacted] which was given to us by the tenant upon move out.  We sent via regular mail, as of today 11/06/2014 our office has not received this mail returned to our office.  The statement was prepared and mailed on 10/06/2014.  A subsequent address was given where the proceeding correspondence went to. Action Properties did not withhold deposit in bad faith and all charges have been outlined, Tenants were aware that they owed rent until the property was re-rented so a final accounting could not be completed until the new contract was executed. Thank You

Tenants entered into a lease agreement for a one year term starting 3/31/2014, they gave notice to vacate on Aug 30, 2014. At that time we also sent a response with regards to breaking lease and responsibilities.  The Rental agreement clearly states under Breach of contract:early termination:...

that Tenants shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord withhold any such amount from Tenant's security Deposits. Tenant's were given a written statement itemizing the deductions on 10/6 to the address they had given to our office at the time of move out.  Subsequent statements have been sent to a different address along with receipts for work that was performed.

I am rejecting this response because: Action Properties has never sent any documentation to us at our forwarding address of [redacted]  is my parent's address and to this day no one has  received any mail or documentation at that address from Action Properties at all. My parents are prepared to testify in a court of law to this fact. In our lease, Addendum Page 2 #10 states that an itemized disposition of security deposit will be mailed to tenant at the forwarding address provided, within 21 days after surrender of premises. We never received a statement of itemized disposition within 21 days. After multiple attempts to contact them as noted before, we received an email dated October 12, 2014 with estimates of charges exceeding $126.00 each; with no explanation of work done or actual paid invoices. As you know, we vacated the premises and handed in our keys at [redacted] on September 17, 2014. Pursuant to Cal. Civ. Code §1950.5, Action Properties was required, by October 8, 2014, to refund our security deposit and/or provide an itemized statement listing any amounts Action Properties has withheld. Action has failed to do so by the designated time required by law; therefore Action Properties has lost the right to keep any of the security deposit and must return the entire $1,250.00 deposit. We will regard the retention of our deposit as a showing of bad faith on your part therefore Action Properties may also be responsible for damages up to (2) times the amount of the security deposit for illegally withholding our security deposit. We retain the right to seek additional damages up to the amount allowed by law in a small claims proceeding.

I am rejecting this response because: we told action properties in person about the issue in the walls. There is no email for this response. My question is how a cat pees up walls. Cats do not pee up. They have not completed any of the repairs stated in the estimate. They estimated repairing items which were never part of the house. I am writing the Revdex.com because they have made up repairs and say we hear you then charge for the repair regardless.

Review: Action Properties in Roseville, CA did not send a list of what my deposit was used for within 21 days. They also did not send a refund. I have talked with previous tenants that have used Action Properties only to find that they never return a deposit. They will invent as much as possible to retain all money spent on a deposit. After doing so they will defer to the owner stating they have no control. We spent about $800 cleaning the house to make it look better than when we received it. Action Properties did the walk through after we left and stated the house was a mess and carpets weren't cleaned. We used a professional service. They also stated we removed items like security doors that were never attached to the house. Screens that were never installed. A year after moving in we told them there were animals living in the walls, possibly squirrels. I could hear them clawing at night. They never responded to us. Then after we moved they wanted us to pay for the damage from inside the walls. They also wanted us to pay to fix part of the ceiling. This was the same part of the ceiling the owner tried to fix while we lived there because it caved in due to the poor roof work.Desired Settlement: Return the deposit to me as I had the house looking better than when I received it.

Business

Response:

The [redacted] moved from the property on 11/30/2014. As of Today's date we have been in constant contact with the [redacted] via email and visits in our office. The [redacted] were provided with a list of concerns on 12/2/14 and a estimated disposition of how the deposit of $2400 was to be expended. There have been several emails back and forth so they were notified it was the property owner's intention to remedy the issues found. The biggest issue which absorbed the majority of the deposit which was due to pet urine. The [redacted]'s also were sent several photo's which outlined the concerns. I have attached the statements which were sent via email and regular mail. The owner has been working on the property for a solid two weeks and the repairs are still not 100% complete. [redacted]'s were notified that when the work was completed the actual bills will be sent. The owner is not withholding deposit in Bad Faith, he has provided estimates and is having the work completed so another family can occupy the home. He has taken two weeks from his job to work on this situation. He is trying to be fair and diligent in trying to complete the repairs so the costs would not be excess. Due to the heavy cat urine on the paneling it had to be removed which also triggered all other paneling to be removed in the living room. Also the cat urine soaked the carpet so heavily it penetrated the wood floors under them. To remedy this situation the floors had to be cleaned with wood cleaner and then sealed with kilz primer. This was pet urine (cat), not something in the walls, our office has no maintenance requests for any such issue. We have sent photo's showing the damage. [redacted]

Consumer

Response:

I am rejecting this response because: we told action properties in person about the issue in the walls. There is no email for this response. My question is how a cat pees up walls. Cats do not pee up. They have not completed any of the repairs stated in the estimate. They estimated repairing items which were never part of the house. I am writing the Revdex.com because they have made up repairs and say we hear you then charge for the repair regardless.

Review: Landlord failed to return my security deposit with statement of deductions within 21 days after I left & when paid made incorrect deductions.

When I finally received the security deposit with an itemized statement of deductions it was 31 days later. The manager made numerous excuses, however, when received I noted a deduction of an amount for water and trash I had already paid. I notified the manager immediately, forwarded her the receipt of payment, yet to this date I still have not received repayment after 60 days.

The amount is small to some, $80.13, however it should not have been taken from my security deposit.

When I was moving out and had a preliminary walk through the manager told me I was an ideal tenant and they would be happy to rent to me again.

I am filing the complaint in hopes of receiving the money improperly taken from me in my security deposit, but also in hopes that this company will not treat other future tenants as I have been treated in my departure. I am seeking resolution and recognition of their improper and illegal conduct.Desired Settlement: Repayment of improperly withheld $80.13.

Business

Response:

Initial Business Response

Contact Name and Title: [redacted]

Contact Phone: XXX XXX XXXX

Contact Email: [redacted]@actionproperties.net

The tenant moved out August 20, 2013. The $80.13 that is referred to in the complaint is for PCWA is for 5/313 - 7/3/13 (which are service dates when the tenant was in the property) and are clearly labeled on the tenant ledger that was received by [redacted]. So that is a correct charge.

Actually, upon review of the account.

Charged: estimate PCWA charges for 8/3 - 8/20 (17 days) as $42.50.

Charged: estimate PCWA charges for 7/3 - 8/20 (17 days) as $75.00.

Total charged: $117.50

It actually should have been 7/3 - 8/20 (48 days) since the last bill paid was only through 7/3. The actual bill for 7/3 - 9/5 was $88.36 (64 days) = $1.38 per day.

Prorated bill upon move out, 7/3 - 8/20 (48 days) = $1.38 X 48 days = $66.24

Credit back $177.50 (estimate) minus $66.24 (actual) = $51.26

On the accounting on 10/7 we sent her a check: $52.64 (check #XXXXX) for credit which is $1.38 more then we should have. This check was cashed 11/1/13.

On our end it looks good, even a slight over payment.

Final Consumer Response

(The consumer indicated he/she DID NOT accept the response from the business.)

Simply stated, they acknowledged receipt of disputed amount, &80.13, in July upon payment yet they deducted the disputed amount from the security deposit.

Whatever spin on the math Action Properties offers, it is this simple. Additional versions of fuzzy math does not change the facts.

Review: My boyfriend and I were in a lease with Action Properties until March 31, 2015. We were both relocated for our jobs to Southern California so we were forced to break our lease early. We gave a 30 day proper notice to Action Properties letting them know the situation and why we had to break the lease early and we were told that for breaking the lease we would be subject to a fee of 1/2 months rent ($625) for breaking the lease, $300 advertising fee, and rent while the property remained vacant. We moved out on 9/17/14, and at the time of the inspection, the man that was the agent for Action stated that our apartment was in great condition and that he did not see any reason for deductions. We called multiple times a few weeks after we moved out to check the status of our security deposit and no one at the office could offer any information for us. They kept giving us excuses and didnt know when we would get it back. Eventually one of the representatives said that it would be refunded to us once they found a new tenant which didn't make any sense because they are legally obligated within 21 days to return our full deposit or send an itemized statement of deductions. Action Properties failed to do either of those, they had until October 8th to do so therefore they breached the terms of the lease. We called a few days later asking why no one had any information on our deposit and we were told the owner was in the office but once we were forwarded to her she sent us straight to her voicemail. It wasn't until 10pm that night that they sent us a list of deductions. These deductions included interior cleaning ($275) and carpet cleaning ($129). We had our carpets professionally cleaned prior to moving out and gave them our receipt. After contacting the office they said they would take the carpet cleaning off but were now charging us $236.75 for "misc. repairs". We sought legal counsel and were told that anything over $126.00 Action Properties has the legal responsibility to provide proof of payment or an itemized statement for the cleaning and repairs. They sent a very vague and suspicious invoice for the misc. repairs that did not have a contact name or telephone number for the construction company. The invoice was very generic, with no letterhead, and did not show an itemized price for labor or repairs that were done (repairs such as light bulb replacement, interior paint, and changing the air filter). We looked up the construction company and found a contact number, once we called the owner [redacted], he was unable to verify ANY work that was done and couldn't even tell us the amount his company supposedly charging us for the invoice. He had no clue what we were talking about and even said that he does not do any painting even though the invoice charged us for that service. Unable to get any information out of him, we contacted the City of Lincoln and were told that the business did not hold a business license in the city of Lincoln. Given this information, we are suspicious that Action Properties is creating false invoices for work that cannot be verified or validated by the company that supposedly performed these services. As for the cleaning charges, we have yet to receive any type of itemized statement for the charges even after multiple certified letters. They cannot account for the charges or work that was done. We have multiple witnesses that can attest to the many days and hours spent cleaning the unit to make it the same, if not cleaner than when we moved in. In addition to all of these charges, Action Properties is charging us 1/2 month rent for November even though a new tenant moves in November 1st. After we left and the property was vacant, Action Properties attempted to test the market and raise the rent by $100 while we were still paying a full month's rent. They stated that they had little to no interest on the property and were forced to offer a promotion to find a tenant. I have witnesses that tried to contact the company through email but never received any response from them about the vacant property. Action Properties failed to mitigate damages, their legal responsibility, by testing the market, only to rent it at the same price a few months later. Since the new tenant moves in November 1st, we are no longer responsible for paying rent for the property. Action Properties took a gamble by raising the rent and testing the market while they knew we still had to pay rent and we are not responsible for any promotions they wanted to offer because they didn't mitigate damages like they were legally responsible for. We have paid all of the fees associated with breaking the lease and two months worth of rent while the property was vacant. They cannot produce any documents showing evidence of repairs or work being done to legitimately deduct from our security deposit. It has been beyond 21 days and they are still illegally withholding our deposit.Desired Settlement: Action Properties failed to return our security deposit or send us, via mail, an itemized statement of deductions within 21 days after we vacated the property. Action Properties is illegally withholding our security deposit therefore we are demanding that they refund our security deposit of $1,250.00 immediately. Action Properties and the company providing outside work cannot produce any sort of itemized statement or valid reasons for deducting from our deposit.

Business

Response:

Tenants entered into a lease agreement for a one year term starting 3/31/2014, they gave notice to vacate on Aug 30, 2014. At that time we also sent a response with regards to breaking lease and responsibilities. The Rental agreement clearly states under Breach of contract:early termination: that Tenants shall also be responsible for lost Rent, rental commissions, advertising expenses and painting costs necessary to ready Premises for re-rental. Landlord withhold any such amount from Tenant's security Deposits. Tenant's were given a written statement itemizing the deductions on 10/6 to the address they had given to our office at the time of move out. Subsequent statements have been sent to a different address along with receipts for work that was performed.

Business

Response:

Action Properties prepared the attached document and mailed to the [redacted] which was given to us by the tenant upon move out. We sent via regular mail, as of today 11/06/2014 our office has not received this mail returned to our office. The statement was prepared and mailed on 10/06/2014. A subsequent address was given where the proceeding correspondence went to. Action Properties did not withhold deposit in bad faith and all charges have been outlined, Tenants were aware that they owed rent until the property was re-rented so a final accounting could not be completed until the new contract was executed. Thank You

Consumer

Response:

I am rejecting this response because: Action Properties has never sent any documentation to us at our forwarding address of [redacted] is my parent's address and to this day no one has received any mail or documentation at that address from Action Properties at all. My parents are prepared to testify in a court of law to this fact. In our lease, Addendum Page 2 #10 states that an itemized disposition of security deposit will be mailed to tenant at the forwarding address provided, within 21 days after surrender of premises. We never received a statement of itemized disposition within 21 days. After multiple attempts to contact them as noted before, we received an email dated October 12, 2014 with estimates of charges exceeding $126.00 each; with no explanation of work done or actual paid invoices. As you know, we vacated the premises and handed in our keys at [redacted] on September 17, 2014. Pursuant to Cal. Civ. Code §1950.5, Action Properties was required, by October 8, 2014, to refund our security deposit and/or provide an itemized statement listing any amounts Action Properties has withheld. Action has failed to do so by the designated time required by law; therefore Action Properties has lost the right to keep any of the security deposit and must return the entire $1,250.00 deposit. We will regard the retention of our deposit as a showing of bad faith on your part therefore Action Properties may also be responsible for damages up to (2) times the amount of the security deposit for illegally withholding our security deposit. We retain the right to seek additional damages up to the amount allowed by law in a small claims proceeding.

Review: Rental agreement dispute

We moved out of our rental on May 27th. We received notification of withholding from out security deposit on May 24th. The company and owner are withholding money and only gave us an estimate for work to be performed, including 85 for cleaning a bathroom that was cleaned professionally before moving out and $200 for a missing sliding door screen that was not there when we moved it. the current amount withheld and unaccounted for is $502.00. No receipts have been provided and there is a new renter in the home. We have been calling Action Properties regularly and have been told they are trying to get the receipts.Desired Settlement: We would like our money refunded and to see any applicable receipts.

Business

Response:

Consumer's Final Response

Action has complied with our request for a partial refund and to see some of the receipts. We are satisfied. This case can be closed

Review: I rented from Action Properties for almost 6 years. I was given a 60 day notice to vacate the property by 8/12/2014, since the home owner is selling the property. I asked for a walk thru upon my departure. The gentleman they sent over did NOT have paperwork, just a camera and I asked for his name and confirmed he was there for the walk thru, which he confirmed and told me his name was **. We walked through the property and he said I was good, everything other then the stove being a little dirty, looked fine. I was told my the owner of Action Properties, " [redacted]" that I would recieve a report and pictures no later then 8/6/14. I recieved 256 pictures, but NO report. After asking for the report on multiple occasions, I finally recieved one on 8/21/14. They are taking my entire deposit, PLUS and addtional $800.00 for Paint=$500.00 "which we are past the statue of limitations" plus other items that they are charging me for.Desired Settlement: I have always felt that they were doing some under handed things, especially with the 'scanned water garbage and sewer bills' and I feel they should be investigated!! I will take this to small claims court, since I feel that they are wrong! I wasnt expecting all of my deposit back, but for them to take all of it and then some is ridiculous!

Business

Response:

Thank you for your concerns.

On Aug 4, 2014 a email was sent to the tenant and confirmed by a reply that my inspection found the Following She was issued photo's

1. House needs cleaning

2. All windows and blinds need cleaning

3. Carpets need cleaning

4. Screens missing or damaged on windows

5. Writing on walls

6. Writing on Closet Doors

7. One set closet doors broken

8. Exterior, walls have writing on them

9. Side of house appears to have something dragged along side vents

broken/damaged? House was exterior painted all walls were in

10. Baseboards need cleaning

11. ceiling fans need cleaning

12. Switch plates need cleaning

The tenant owed Rent for July, Utilities for May, June and July and 2 days of Rent for August.

The amount withheld to address the items above

Deposit was $1700.00

$ 950.00 was due for the Month of July Rent

$ 83.33 was Due for Aug Rent

$ 72.74 06/12-07/14/2014 Utility Charge

$ 80.75 06/13- 06/12/2014 Utility charge

Total Contractual Obligation $1186.82 Deposit on File 1700, we held $ 513.18 withed to cure 1-12 above

We typically do not charge for any paint after three years. However due to the writing on all walls and doors the cost to paint the unit

is more because they have to primer prior to paint. Allowing a child or children to write on walls and doors is not normal wear and tear, the property

although would have to paint the unit after their vacancy he should not have to primer first. Also Tenant was notified the property was in need of

cleaning. Along with repairs above. The costs far exceed the $513.18 withheld from their deposit.

With regards to the Utlity Bills, Each tenant has the option to recieve copies of invoices by requesting them. We do scanned them into our system as a way

to help be more green. Tenants always are given copies of actual charges.

I look forward to resolving her issues and concerns, she had been a good tenant I understand moving is stressful and expensive, however Our property owner should

not have to cover things that are not normal wear and tear issues.

Thank You,

Business

Response:

Please find attached documents and photo's