A&R Properties Reviews (1)
Review: I rented a house from A&R Properties for almost two years located at [redacted], [redacted] I am extremely hurt that after taking immaculate care of their property they are now trying to keep my security deposit. Final inspection was done on 12/1/2015 with one of the owners, Alan McCarty, and my brother present. He stated that the property looked good and clean. The only issue he had was with a pile of leaves he stated needed to be moved or he would have to charge me for it. I asked how much. He stated $25-$50 for him and his child to move them. I said that's ok, I will do it. I pointed out to him that I had left all Energy Saver CFL 2-5 year light bulbs and bought brand new drip pans for the stove. He responded "thank you for doing that." I then asked when can I expect my security deposit? He stated "well first I have to turn the electricity back on to make sure all the light fixtures and appliances still work, what's your mailing address?" I informed him it is on the intent to vacate letter I sent in November, he said "just give it to me again," so I did. 12/5/2015 I returned to the property to resolve his issue with the leaves. He showed up with his child to work on cleaning out the gutters. I asked him if everything was fine now that the electricity is back on. He said "Yes. I had to let some water out of the pump but that only took a few seconds." After my brother and I moved the leaves to his spot of choice I took pictures AND video. 1/12/2016 I saw Rachel McCarty,the other owner, at an arts & crafts store, exchanged pleasantries and went about my day. 2/11/2016 I sent a demand letter for the security deposit, in response, on 2/22/2016 -83 DAYS AFTER I MOVED- I received a fictitious list of $829.00 worth of dirt, damages, and mold. Maliciously claiming that I actually owe THEM. After seeing both owners face to face on separate occasions since moving, not once did either of them mention a word of what was in their response letter to a person who supposedly owes THEM.Desired Settlement: 3/8/2016 I consulted with Attorney [redacted] that specializes in landlord-tenant AND has 35 years experience of "primarily defending LANDLORDS not tenants." He is a NEUTRAL party, I have not retained him. I would like them to setup a FREE phone consult with him so he can help them understand what a security deposit is for. ###-###-####. i.e.charging for a DIY paint job that cannot withstand a safety mat, or $16/hr labor to put in less valuable light bulbs is legally preposterous.
This letter is a response to complaint #[redacted] concerning a billing/collection issue with a tenant. Take note of attachments with this letter. There are pictures, a letter of itemization of cleaning and repairs, and a copy of lease.Please note that the Lease Agreement reads,”The tenant accepts and agrees to all provisions of this Lease Agreement. The Lease Agreement is hereby accepted by the parties below.” You will find the tenant’s signature and date of January 25, 2014. According to lease, a detailed explanation is included about the purpose of the security deposit that is paid. The property is to be returned in the same condition as received. Repairs and cleaning to the property were necessary to bring property to good condition to offer as a rental unit. Take note of pictures attached to email documenting conditions found upon inspection including bathtub damage, dirty oven, burned counter, and scuffed and gouged condition of the sunroom floor. These pictures represent a sample of the conditions found in the unit when it was inspected. The tenant was approved to paint living room walls only, but painted window trim and doors she did not have approval to paint. She did not return walls to the original color specified in the terms and conditions of the lease. Repairs and cleaning are itemized in the attached letter we sent to the tenant that explained the cost to repair and clean the property. This property was cleaned and had necessary repairs to comply with Virginia housing codes. Mold issues had to be addressed because of the tenant’s neglect to report broken kitchen faucet.According to lease, the security deposit will be returned within 30 days, less any deductions, after full payment by tenant of all rent or other monies due. At the time tenant moved, her November rent was late. She owed a 10% late fee as outlined in the lease that she did not pay. The deposit is held as security for the complete and faithful performance of the terms and conditions of the Lease Agreement. Over the course of her tenancy, the tenant was not faithful in performing her agreement to pay rent in a timely manner. Please note the deposit did not cover all costs for repairs and cleaning and we have asked tenant to pay the balance of $254.00.Tenant’s reference to approved condition of the unit was a reference to her removal of her belongings and furnishings from the house. As explained to tenant on December 1, 2015, final inspection could not be done without power on in the unit. A thorough inspection will not be done without the electricity on, nor at sunset when lights aren’t working. The electric had to be turned back on to do a proper inspection of the property to make sure appliances, all light fixtures, and heating system were in good working condition. We had to have the electric reconnected to inspect the house.It is our position that the tenant agreed to the terms of the lease. She agreed to return the property in the state she received it. Upon inspection we found it was not cleaned and was in need of repairs. This is not a matter of keeping a deposit. It is a matter of complying with the terms of the lease that the tenant agreed to with her signature.Sincerely,Alan and Rachel McCartyA and R Properties
I have reviewed the response offer made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
A security deposit is for "negligent, intentional damages" as stated by Attorney [redacted]. Their response doesn't even start to address the full list of fictitious charges they sent me. And the pictures provided do not show negligent, intentional damages. One of the pictures provided shows paint that came off the bottom of his bath tub when I took up a SAFETY MAT. The bathtub was repainted before I moved in 2 years ago BY THE OWNER not a professional. If his paint job on a bathtub does not withstand a SAFETY MAT I am not legally responsible. The stove being taken apart to show some dirt underneath it is hilarious because the stove was never taken apart and shown to me when I moved in, so how do I know what it looked like underneath the stove BEFORE I moved in? The final inspection was done prior to 12 noon on December 1, 2015 as my brother works from 12-8 and was present, so to say "not at sunset" is another LIE. Their response also does not address charging me labor and materials for SUPPOSEDLY changing over 20 CFL Energy star light bulbs to ones that only cost a total of $16, when the bulbs I left cost $16 per ceiling fan. The kitchen sink being broken in his response is a complete lie and not even listed on the fictitious letter they sent me. The hot water on the kitchen sink would not turn off, and was reported on August 17, 2015 and fixed that day when Alan McCarty picked up the rent. He was also shown the tub at that time, that is why he admittedly wrote he knew it was caused by my SHOWER MAT because I showed it to him 8-17-2015. He stated that the tub would have to be painted on a weekend and I could not be in the house due to the fumes. I have phone records showing where he called me several Fridays after 8-17-2015 to cancel because he had family obligations for those weekends. The scuffs on the painted floor in his sun room due to rearranging furniture over the course of 2 years, is also something that falls under reasonable wear and tear, especially since it is a floor he painted himself and is not professionally sealed. He is also trying to charge me for cleaning of the gutters which he pointed out to me and said he would do it, because as a single female he never once stated or wrote that he expected me to get on a roof and clean the gutters on his house. I also notice there are no pictures of the mold he claims exists. My mother helped me paint and clean the house spotlessly. She has an epi pen due to extreme allergies and would not have been allowed in a home with dirt and mold. He is also trying to charge me for damage to a wall in the laundry room which is another complete fabrication and he did not supply any pictures of. The poor ethics at play here are simply disgusting. And if you notice, in their response, I did not receive what I asked for which was for them to consult with the most experienced landlord-tenant attorney in a 1 hour radius, who normally defends LANDLORDS, for FREE via phone if they cannot afford to go to Roanoke, VA. And the fact that they wouldn't even do that is VERY telling. I do not accept this response and want it to be documented for the next unfortunate person that chooses to do business with these people. I will also be praying that they receive a financial blessing they so desperately need since they are willing to lie, cheat, and steal for money.