ATCO Property Management, Inc.

Initial Business Response /* (1000, 10, 2014/07/24) */
The owner is willing to give him a refund of $
Initial Consumer Rebuttal /* (2000, 12, 2014/07/25) */
(The consumer indicated he/she ACCEPTED the response from the business.)
Getting our deposit and half the first month
rent back seems reasonableIt is not worth going to court over $

Initial Business Response /* (1000, 5, 2015/05/01) */
This is a response to the Complaint #XXXXXXXX which is entirely without meritEnclosed you will find The following, Itemized list of Attachments
Attachment: Move out/Move In inspection Sheet
Attachment: Move out Inspection
Photos
Attachment: Security/ Cleaning Deposit Agreement
Attachment: Material and Labor Costs
Attachment: Carpet Shampoo and Deep Cleaning expenses
Attachment: Paint charges
The performance of the tenants' obligations under the executed "Security/Cleaning Deposit Agreement were not fulfilled (Refer:attachment3)
The cleaning was not done as required(Refer:attachment2) Window, Bath tubs, stove, A/C vent on wall, light fixtures etcnot cleaned (Refer:5)
The living area needed patch, sand and touchup paintThe tenant admits to nail holesThe tenant was only charged $
The unit was completely painted only charged a small portion of the total amount(Refer:attachment6)
Materials and Labor costs to replace the window blind, stove drip pans, light bulbs
Labor/Materials (refer:attachment 4)
Sincerely,
ATCO Property Management, Inc

Initial Business Response /* (1000, 8, 2014/12/09) */
Hello ***,
I have attached the owners General Ledger and Cash flow statements
Please review General ledger and Cashflows you will see we only owe $which will be mailed out today check no#XXXXX
Best Regards,
ATCO
Property Management, Inc
Initial Consumer Rebuttal /* (3000, 12, 2014/12/18) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Though it appears on paper that they did collect a security deposit, it wasn't ever sent to meI have requested records from my bank to which they made all the deposits and can verify that, despite what their records are showing, the money was ever sent to my accountThe only deposit that was sent to me in the months of 11/10-12/10, the time frame they are claiming to have sent me the 1200.00, is which is exactly what I should have collected in rent money that monthI would like to see a copy of the check that they are claiming they sent to me for that deposit and official bank statements showing the transactionI will in turn supply bank statements showing that I never received the money
Final Consumer Response /* (3000, 16, 2015/01/02) */
***Document Attached***
I am still waiting for the security deposit (or since ATCO claims they gave it to me, a copy of the cancelled check/deposit form from when it was deposited to me)Since I requested this in my last rebuttal and the company never responded, I am assuming that means they don't have any proof to back up their claim
I am still waiting for the last months rent from the previous tenantsBack in October, ATCO did send me a check but it was made out to ATCO from the last tenants and forwarded it to me unsignedThere was nothing I could do with the checkI sent it back to them registered mail asking them to sign it over and send it back, but I got no responseThe message that came with the check said my account with ATCO was terminated (I assume that is the reason they mailed me the check instead of depositing it to me directly)Yet, after I filled my initial complaint they were able to deposit into my accountIf that deposit was possible, why wouldn't they have just deposited the tenants last months rent?
Since my last rebuttal, I am now being sued by the same former tenantsThey are suing for the pet deposit, security deposit, and half of their last months rentOf which of that ATCO hasThey are suing because ATCO never sent them their final statement of why they didn't get their security deposit backThe tenants should have received this within days of moving out per their lease agreement with ATCONot only am I still out from ATCO, but I am now being named in a lawsuit for ATCO's further negligence
This is my last attempt to have this resolved before I file a counter suit and take ATCO to court over this issue
Attached is the letter and the unsigned check ATCO sent me in October
Also attached is my bank statement showing no record of their deposit
Further, I have attached the forms they sent me indicating when and how much they claimed to have sent me though my bank statements prove otherwise
Final Business Response /* (4000, 21, 2015/01/14) */
ATCO property management, would like to resolve this problem
please see attached filesThe last check was cashed on 12/09/of $
The $is the pet deposit that did not transfer from Yardi to new accounting system Appfolio
The property owner Ms*** had always kept a zero balance in her account
The tenants moved in November if you look at General Ledger Balance and Remarks column the account balance is consistently zero balance for years
Ms*** never had a problem knowing that she had a zero balance
Mr*** *** CPA,MST for ATCO Property Management, Incwill be contacting you

Initial Business Response /* (1000, 7, 2015/11/20) */
Dear Sir or Madam:
This office represents ATCO Property Management with respect to the complaint filed by [redacted]. ATCO responds to each of Mr. [redacted]'s claims. But, an understanding of the contractual history and the state...

of the rental property is required.
ATCO performs property management services. It contracted with Mr. [redacted] in 2013 to manage a 3-unit residential rental in an area of Bakersfield known as "Oildale," The Oildale area has many smaller, run-down units and homes and is known for high rates of drug abuse by residents. For this reason, rent amounts are lower than average and many rental units are in a dilapidated state.
The property owned by Mr. [redacted] is located at [redacted] in Bakersfield, California. The three units are marked as A, B, and C. Of the three units on the property, two have no foundation, When ATCO contracted with Mr. [redacted], only the C unit was occupied.
ATCO was required to evict the tenants in the C unit for lack of payment. A new tenant who was financially qualified was located for the C unit, The new tenant, however, began dealing drugs from the C unit, and many of the tenant's "clients" were hanging around the unit while under the influence of methamphetamines.
While the tenant in the C unit was in occupancy, a water line burst, causing damage to both the B and C units. ATCO recommended that Mr. [redacted] report the damage to his insurer. Mr. [redacted] received a bid from Service Master for $1,400, as well as an estimate by ATCO that the cost would be $3,000. The insurer paid out on the claim, and with the proceeds from the insurance claim, Mr, [redacted] retained Source One to perform remediation services. ATCO did not perform any remediation services and did not charge him for remediation services.
Because of the drug dealing at the C Unit, ATCO was required to commence unlawful detainer proceedings against the C unit occupants. During the eviction proceedings, the C unit tenant notified the City of Bakersfield of several code violations present at the unit. It was
evident that Source One had failed to perform its construction services in a workman-like manner, despite having charged $7,000 for its services.
When the C unit tenant was evicted, ATCO went into the unit. Not only had the tenant caused significant damage to the unit during the eviction process, ATCO was confronted with dead vermin and a cockroach infestation. ATCO also discovered that Source One's work was not properly done. Enclosed are photographs of the unit.
ATCO repaired the flooring, holes in the walls, and the plumbing. ATCO removed the dead and living vermin and the cockroaches. ATCO also hauled 8 trailers-full of debris and garbage to the dump.
Based upon these background facts, ATCO responds to each allegation in the complaint:
Alle ation: "U R on heirs' notified that m rental units re uired maintenance I would hire my own maintenance guy to perform the work."
It is correct that in the early stages of the contractual relationship between Mr. [redacted] and ATCO Property Management, ATCO would advise Mr. [redacted] of maintenance work required at the rental properties, and Mr. [redacted] would choose to hire his own maintenance person to perform the service. But, the Property Management Agreement authorizes ATCO to make repairs and improvements to the property. The contract states:
3. Authority and [redacted]: Owner grants Broker the authority and power, at owner's expense, to:
D. Repair; Maintenance: Make, cause to be made, and/or supervise repairs, improvements, alterations and decorations to the Property; purchase, and pay bills for, services and supplies. Broker shall obtain prior approval of Owner for all expenditures over $300.00 for any one item. Prior approval shall not be required for monthly or recurring operating charges or, if in Broker's opinion, emergency expenditures over the maximum are needed to protect the Property or other property(ies) from damage, prevent injury to persons, avoid suspension of necessary services, avoid penalties or fines, or suspension of services to tenants required by a lease or rental agreement or by law, including, but not limited to, maintaining the Property in a condition fit for human habitation as required by Civil Code §§ 1941 and 1941.1 and Health and Safety Code §§ XXXXX.3 and XXXXX.10.
ATCO was Authorized by the Contract to Perform the Services Rendered
As stated above, there code violations and citations issued by the City of Bakersfield, the unit was not fit for human habitation when ATCO performed its services. Code violations included improper stove wiring, lack of foundation, vermin, etc. Pursuant to the contract, which Mr. [redacted] executed, ATCO was authorized to perform repairs to put the property in a condition fit for human habitation and to address code violations. This is true even where the repairs provided exceeded $300.00.
In addition, repairs made by other contractors to the units were not done in a workmanlike manner. For instance, the day that a new tenant moved into the B unit, a ceiling fan in the unit fell to the floor. The tenant had legitimate concerns for the safety of his child. In addition, carpet was installed with large gaps at the walls.
Mr. [redacted] Authorized the Repairs
There are multiple texts between Mr. [redacted] and [redacted] showing that ATCO kept Mr. [redacted] informed of the work being performed on the unit. Mr. [redacted] never instructed ATCO to cease work on the unit. The text messages are also enclosed.
Moreover, Mr. [redacted] contacted ATCO by telephone nearly every day, and sometimes, 2-3 times per day. Mr. [redacted] typically spoke with ATCO employee, [redacted] Ms. [redacted] kept Mr. [redacted] informed of all of the maintenance required at the units. Ms. [redacted] is no longer employed by ATCO, and has since become employed by Pensinger Property Management, Mr. [redacted]'s new property management firm. This shows that Mr. [redacted] was satisfied with the level of communication between himself and [redacted]
Many of the Charges for Repairs were Less Than $300
The contract authorizes repairs for any one item without prior approval if the repair of an item is less than $300.00. Most of the repairs for which ATCO charged are less than $300.00. Enclosed with this response is an accounting of income and expenses for Mr. [redacted]'s account.
Allegation: Two years later they_notified me that there was severe damage to one of my units and that I should submit an insurance claim due to the amount of damage. I_ took their advice, submitted a claim and received funds to repair the unit.
It is not clear what Mr. [redacted] means when he says "two years later." If Mr. [redacted] means that two years after execution of the contract, there was sever severe damage to the property, then ATCO agrees that in 2015, there was severe damage to the property and ATCO notified him of such. If Mr. [redacted] means that ATCO failed to notify him of damage until two years after the damage occurred, then that is disputed.
Allegation: I made the mistake of informing the owner of ATCO that I was thinking of selling the property soon. Knowing that I had just received funds to fix the unit HE approved work that I never authorized.
As stated above, the work done was to protect the property, protect persons from injury, avoid penalties or fines, and to maintain the property in a manner fit for human habitation. This type of work is authorized pursuant to the Property Management Contract. The majority of the work performed was less than $300.00, which is explicitly authorized by the contract. Moreover, Mr. [redacted] was informed of all work being done to the units. Mr. [redacted] did not instruct ATCO to cease repairs.
Allegation: He has not been able to provide proof that any of the work was ever performed.
ATCO disputes this allegation. ATCO provided numerous photographs of the property before work was performed, and the property is no longer in such a condition. ATCO also provided various receipts, as well as the accounting that is enclosed with this response.
Alle' ation: He and ATCO ran a total of about $9 500 dollars worth of char' es.
ATCO refers to the accounting provided with this response. These repairs were necessary to ensure that the property was inhabitable and code-compliant.
Allegation: I did not receive my rental income for about bot two months (totaling about $2,300).
ATCO refers to the accounting provided with this response. Mr. [redacted] still owes over $6,000 to ATCO.
Allegation: Based on Internet research he has done this to other people in the past. I was left with no other choice but to higher (sic) an attorney.
ATCO is unaware of any other complaints made regarding charges such as these.
CONCLUSION
ATCO performed work that was necessary and charged Mr. [redacted] accordingly. Mr. [redacted] was informed every step of the way and did not object or instruct ATCO to stop any work. It is ATCO's position that Mr. [redacted]'s complaint is nothing more than an attempt to settle this matter for a lesser amount than is due to ATCO.
Very truly yours,
[redacted]