Austin Fleck Property Management

-----Original Message----- From: [redacted] To: admin

Attached is the email exchange in which this former tenant claims I am bullying and threatening herYou can clearly see I did no such thing but simply promptly and professionally responded to her emails I kindly request this report be stricken from the
record. Respectfully, Susan A***-***

-----Original Message----- From: [redacted] To: admin <a[redacted] Sent: Wed, Sep 16, 2015 12:36 pm Subject: Re[redacted] Hello Since each time I have to have a conversation with someone from your office it increases my stress level, I would ask that all communication is done via email. Please don't threaten me again, with such hostile actions, I feel vulnerable and bullied.  You stated that you were going to hold me in contempt from allowing the repairs to be completed on the rental property.  You have threaten me with legal action and I take this very seriously.  After you made this comment you hung up on me and would not allow for the completion of the call.  I find this to be unprofessional conduct, from a property management company.  Had the mold issue been taken care of when it was first reported to you I would not be in this environment. I will send over my request to your in a few hours. Debbie B[redacted] The appropriate 48 hour access notice will then be mailed via certified mail tomorrow (September 22nd, 2015) allowing 5-calendar days for receipt before the 48 hours begins to access the home on the 30th of September, 2015. Should you fail to allow access on the 30th, we will begin eviction proceedings. Our records indicate that your renter's insurance has expired. Your lease requires you maintain renter's insurance with $100,000 liability coverage and with Austin Fleck Property Management added as additional interest and provide us a copy of the declorations page. To avoid penalty or potential eviction action, please renew your renter's insurance policy and provide us a copy to update your records no later than 12/15/16. Best regards,
[redacted]Broker There are many more emails that I have from this company - that did nothing but threaten too evict me - when I did nothing wrong - Phone: ###-###-#### Fax: ###-###-####

My response is the same as previously submitted as she is copying and pasting the same email.As you can see the email she is posting is from almost two years ago and not relevant to this complaint. There was a roof leak at the home at the time and we were trying to get someone in to fix the damage. She refused to allow entry to the home to conduct the repairs which is a violation of her lease and the law. I served proper legal notice for entry of which she called screaming and swearing at me for sending such a threat. It was no threat at all, it was proper legal notice to enter the property since she was refusing. I have the phone recording of the tenant screaming and swearing at me and I ended the call stating to her that I would end the call if we could not have a civil conversation. All was handled in accordance with AZ Landlord and Tenant Act and the lease. I request the Revdex.com review the case and dismiss it as it is not valid. Every action I took was in accordance with the tenant's lease and the law. I cannot control if the tenant interpreted a legal notice prepared by legal council for non-compliance as a threat.

I have worked with [redacted] and [redacted] for years as they have managed my rental properties. Always amazing service, timely, and courteous. They have given me their expertise and guidance in many situations. They have always gone above and beyond. Their knowledge of property management; sales; local laws and regulations is extensive.

I have used Austin/Fleck property management, and Real Estate Broker Services for over 10 years now to purchase and lease multiple propertie[redacted] and [redacted] have over 30 years in the Real Estate industry and the professional advice and service that I have received has been invaluable along with a professional staff that handles issues in a professional and timely manner. Austin/Fleck Property management is and, has been a great company to do business with.

I have used Austin/Fleck property management, and Real Estate Broker Services for over 10 years now to purchase and lease multiple properties. [redacted] and [redacted] have over 30 years in the Real Estate industry and the professional advice and service that I have received has been invaluable along with their professional staff that handles issues in a professional and timely manner. Austin/Fleck Property Management is, and has been, a great company to do business with.

Austin Fleck has assisted with every aspect of managing our rental property for 10+ years with superior service and integrity. Everything from acquiring quality, long-term candidates to supplying competent vendors for maintenance and repairs. They've always helped make our options and decision as simple as possible in order to quickly resolve things for us and our tenants, which is extremely important considering we live out of state. We appreciate their professionalism, expertise and insight!

My only “norm” when responding to

complaints is to respond based on the facts of the case.

Neither [redacted]nifer nor I stated that

the disposition/refund had to be mailed certified mail. Per A.R.S. 33-1321 D. …”Unless other arrangements are made in

writing by the tenant, the landlord shall mail the itemized list and any amount

due, by first class mail, to the tenant’s last know place of residence.” *(1) Attached is proof

that this was done before deadline and in accordance with the statute.

The metered mail postmark proves 1st class mail – not

3rd class bulk mail as [redacted]

stated.

[redacted] would have no knowledge of what

was said or not said as he did not speak to [redacted] or me regarding this

matter. Our conversations have been with [redacted].

[redacted] is not a party to this complaint, nor will

he be as he profusely apologized to us on numerous occasions for [redacted]’s rude and

belligerent behavior.

[redacted] called on the 26th of

February to state “he had not received the deposit”. [redacted] was told “the deposit disposition and

refund was completed and mailed on the 19th of February”. He

confirmed we had the correct address – which we did.

[redacted] called again on the 27th

of February to advise the deposit still had not been received. He was told it

had been mailed on the 19th of February and to give it a few more

days to see if it showed up in the mail - and if not - we would conduct a skip

trace and place a stop payment and reissue the checks. [redacted]nifer completely went

over the amounts and charges. [redacted] told [redacted]nifer

that [redacted] was

enraged and on his way to the office to pick up the deposit. He was told to

advise [redacted]

not to come and that if he showed up threatening and belligerent, we would be

forced to call the police. [redacted] said he would

advise him not to come and apologized for [redacted]’s

behavior.

[redacted] then completed a “contact us”

inquiry through our website on the 27th of February which comes to

my email. *(2) Copy Attached.

I was out of the office on

Thursday the 27th and Friday the 28th. I received the

email on Monday, the 3rd of March and responded that day. *(3) & (4) Attached are copies of attachments sent in

that email shown in attachment *(2) He also received *(1) Attachment – Proof of

mailing. The date on the checks is the 19th, the date of the

postmark is the 19th, the date of the disposition is the 19th.

Keep in mind – this was mailing the deposit earlier than required by

statute. It would serve us no useful purpose to hold on to the deposit.

I received a voicemail from [redacted] that had come in over

the weekend of the 1st of March while we were closed. I returned his

call on Monday the 3rd and got voicemail. I left him a detailed message

advising that I had received his email and responded with the documentation he

requested. I also reiterated that if he had not received the deposit, to please

contact me so I could conduct a skip trace and stop payment and reissue. I

explained our company policy is to allow two weeks for the mail to be delivered

before a stop payment is issued. He did not return my call.

I again called [redacted] on the 4th of March and got

voicemail. I left a detailed message. To date I have not received a return

call.

I checked with the bank and found

the checks had cleared our bank on the 28th of February. *(5) Attached are copies of cleared checks.

I cannot explain the post office

or why it takes so long to deliver mail. We have clients in California that

complain the mail takes three weeks to get to them – Canada, over a month –

across town, up to two weeks.

Regarding the ceiling fan: *(6) Attached is a copy of the work order placed by the

tenant on 6/29/13 – which was a Saturday and our office was closed. You

can see we forwarded the work order to the vendor on Monday, 7/1/13 and the

work was completed on 7/3/13. *(7) Attached is a copy

of the invoice from the vendor that conducted the repair. No further

work orders were placed by the tenant regarding the ceiling fan stating it was

still not working properly. It worked property upon move-out inspection on

12-9-13.

Regarding [redacted]’s comment of not having the “proper

business contact to correct repairs”: *(8) Attached is

a copy of his license and bonding number as a certified repairman.

Regarding the tub and plumbing.

The former tenant had not reported a problem and we do not use the shower

facilities and would not have been aware of the diverter going out. The tenant

placed a maintenance request on 6-28-13. *(9)Attached

is a copy of the work order. [redacted] was dispatched and fixed

the problem on the same day. *(10) Attached is a

copy of the invoice from [redacted] dated 6-28-13. They are also

licensed and their license number is written at the bottom. 

Regarding the lights and A/C

filter: *(11) Attached are photos taken on 6-12-13 at 9:37

a.m. of working lights and new A/C filter as of tenant lease commencement on

6-14-13.

Regarding the billing: The

landscaper did not charge for weeding immediately after the tenant moved out. The

landscaping was in good condition when inspected on 12/9/13. Because the

tenants broke the lease they are responsible for any tenant responsibility

charges to maintain the property until another tenant is found. (A.R.S. 33-1321 D.

Upon termination of tenancy, property or money held by the landlord as prepaid

rent and security may be applied to the payment of all rent, and subject to a

landlord’s duty to mitigate, all charges as specified in the signed lease

agreement, or as provided in this chapter, including the amount of damages

which the landlord has suffered by reason of the tenant’s noncompliance with

section 33-1341.…) The date on the invoice is February 3rd,

2014 which is the date the new tenant moved in. Grass, bushes, trees, weeds

had grown between the tenant vacating on the 9th of December and the

3rd of February. The landscaping needed to be put back in rent-ready

condition prior to the new tenant move-in and this was former tenant

responsibility per their lease. *(12)Attached copy of

landscaping invoice. *(13)Attached is a copy of the tenant signed lease. Please

see page 3 line 124 and 125 which state tenant is responsible for yard

maintenance. See also page 1 line 19 which show the lease term from 6/14/13

through 6/30/14. *(14)Attached is a copy of the tenant

handbook lease addendum signed by the tenant. See page 5 “Breaking the

Lease” and page 9 “Lawns and Grounds”. Therefore,

contrary to [redacted]’s

comments of being “taken by the contractor” this charge is legitimate.

Regarding [redacted]’s comment: “Of note, Miss [redacted]

continually states she has photographs, but when requested, she never produces

them.” [redacted] has

been advised that the files are too large to email as we have hundreds of

photos. The photos range from 1,013kb to 4,668kb each – and we have hundreds of

them. One video is 2,987,390kb.  As

previously advised the tenant may schedule an appointment to come in to the

office to review the before and after photos and video.

Regarding threatening staff: *(15) Attached are just a few of the notes we have in our

system that are date and time stamped noting the belligerent behavior. I

have no problem being questioned, but will not tolerate being threatened and

will contact the police to press charges if I feel myself or my staff are in

danger.

Comments suggesting I would have

openly accepted the bill apposed by our Senator and Governor as well as the “on

my knees” being a night job comment are not only inappropriate, but show the

immaturity of the tenant and substantiate that he has no real complaint and is

just bloviating. He is arguing just for the sake of arguing. There is no basis

to his claim.

The tenant has stated no facts or

provided any proof of such. Having provided ample documentation and proof that

we not only complied with the tenant lease, but also Arizona Landlord and

Tenant Act, I would reiterate my plea to the Revdex.com to close this case and strike

this complaint from our record.

Respectfully,

Broker

[redacted] Property Management

 

THIS WILL NOT ALLOW ME TO ATTACH ALL DOCUMENTATION. I WILL ATTEMPT TO ADD THEM ON AN ADDITIONAL PAGE OR WILL EMAIL THEM TO THE Revdex.com - WHICHEVER IS SUCCESSFUL.

Austin Fleck manages 5 residential properties for us. Our relationship with them began in early 2012 and the experience has been extremely positive. They conduct their business with integrity and we would recommend them to anyone looking for residential property management services. Donna and Chris Schafer, Adair, Iowa.

I moved into one of their rental homes in March 2016. By June I noticed the first rodent. They were notified as per law rodents (rats and mice) it is the landlords responsibility. They repeatedly instructed me to find an exterminator at my own expense. They showed no sense of urgency when informed that the RATS were eating through the walls of their home and leaving "droppings" all over.

My only “norm” when responding to

complaints is to respond based on the facts of the case.

Neither [redacted]nifer nor I stated that

the disposition/refund had to be mailed certified mail. Per A.R.S. 33-1321 D. …”Unless other arrangements are made in

writing by the tenant, the landlord shall mail the itemized list and any amount

due, by first class mail, to the tenant’s last know place of residence.” *(1) Attached is proof

that this was done before deadline and in accordance with the statute.

The metered mail postmark proves 1st class mail – not

3rd class bulk mail as [redacted]

stated.

[redacted] would have no knowledge of what

was said or not said as he did not speak to [redacted] or me regarding this

matter. Our conversations have been with [redacted].

[redacted] is not a party to this complaint, nor will

he be as he profusely apologized to us on numerous occasions for [redacted]’s rude and

belligerent behavior.

[redacted] called on the 26th of

February to state “he had not received the deposit”. [redacted] was told “the deposit disposition and

refund was completed and mailed on the 19th of February”. He

confirmed we had the correct address – which we did.

[redacted] called again on the 27th

of February to advise the deposit still had not been received. He was told it

had been mailed on the 19th of February and to give it a few more

days to see if it showed up in the mail - and if not - we would conduct a skip

trace and place a stop payment and reissue the checks. [redacted]nifer completely went

over the amounts and charges. [redacted] told [redacted]nifer

that [redacted] was

enraged and on his way to the office to pick up the deposit. He was told to

advise [redacted]

not to come and that if he showed up threatening and belligerent, we would be

forced to call the police. [redacted] said he would

advise him not to come and apologized for [redacted]’s

behavior.

[redacted] then completed a “contact us”

inquiry through our website on the 27th of February which comes to

my email. *(2) Copy Attached.

I was out of the office on

Thursday the 27th and Friday the 28th. I received the

email on Monday, the 3rd of March and responded that day. *(3) & (4) Attached are copies of attachments sent in

that email shown in attachment *(2) He also received *(1) Attachment – Proof of

mailing. The date on the checks is the 19th, the date of the

postmark is the 19th, the date of the disposition is the 19th.

Keep in mind – this was mailing the deposit earlier than required by

statute. It would serve us no useful purpose to hold on to the deposit.

I received a voicemail from [redacted] that had come in over

the weekend of the 1st of March while we were closed. I returned his

call on Monday the 3rd and got voicemail. I left him a detailed message

advising that I had received his email and responded with the documentation he

requested. I also reiterated that if he had not received the deposit, to please

contact me so I could conduct a skip trace and stop payment and reissue. I

explained our company policy is to allow two weeks for the mail to be delivered

before a stop payment is issued. He did not return my call.

I again called [redacted] on the 4th of March and got

voicemail. I left a detailed message. To date I have not received a return

call.

I checked with the bank and found

the checks had cleared our bank on the 28th of February. *(5) Attached are copies of cleared checks.

I cannot explain the post office

or why it takes so long to deliver mail. We have clients in California that

complain the mail takes three weeks to get to them – Canada, over a month –

across town, up to two weeks.

Regarding the ceiling fan: *(6) Attached is a copy of the work order placed by the

tenant on 6/29/13 – which was a Saturday and our office was closed. You

can see we forwarded the work order to the vendor on Monday, 7/1/13 and the

work was completed on 7/3/13. *(7) Attached is a copy

of the invoice from the vendor that conducted the repair. No further

work orders were placed by the tenant regarding the ceiling fan stating it was

still not working properly. It worked property upon move-out inspection on

12-9-13.

Regarding [redacted]’s comment of not having the “proper

business contact to correct repairs”: *(8) Attached is

a copy of his license and bonding number as a certified repairman.

Regarding the tub and plumbing.

The former tenant had not reported a problem and we do not use the shower

facilities and would not have been aware of the diverter going out. The tenant

placed a maintenance request on 6-28-13. *(9)Attached

is a copy of the work order. [redacted] was dispatched and fixed

the problem on the same day. *(10) Attached is a

copy of the invoice from [redacted] dated 6-28-13. They are also

licensed and their license number is written at the bottom. 

Regarding the lights and A/C

filter: *(11) Attached are photos taken on 6-12-13 at 9:37

a.m. of working lights and new A/C filter as of tenant lease commencement on

6-14-13.

Regarding the billing: The

landscaper did not charge for weeding immediately after the tenant moved out. The

landscaping was in good condition when inspected on 12/9/13. Because the

tenants broke the lease they are responsible for any tenant responsibility

charges to maintain the property until another tenant is found. (A.R.S. 33-1321 D.

Upon termination of tenancy, property or money held by the landlord as prepaid

rent and security may be applied to the payment of all rent, and subject to a

landlord’s duty to mitigate, all charges as specified in the signed lease

agreement, or as provided in this chapter, including the amount of damages

which the landlord has suffered by reason of the tenant’s noncompliance with

section 33-1341.…) The date on the invoice is February 3rd,

2014 which is the date the new tenant moved in. Grass, bushes, trees, weeds

had grown between the tenant vacating on the 9th of December and the

3rd of February. The landscaping needed to be put back in rent-ready

condition prior to the new tenant move-in and this was former tenant

responsibility per their lease. *(12)Attached copy of

landscaping invoice. *(13)Attached is a copy of the tenant signed lease. Please

see page 3 line 124 and 125 which state tenant is responsible for yard

maintenance. See also page 1 line 19 which show the lease term from 6/14/13

through 6/30/14. *(14)Attached is a copy of the tenant

handbook lease addendum signed by the tenant. See page 5 “Breaking the

Lease” and page 9 “Lawns and Grounds”. Therefore,

contrary to [redacted]’s

comments of being “taken by the contractor” this charge is legitimate.

Regarding [redacted]’s comment: “Of note, Miss [redacted]

continually states she has photographs, but when requested, she never produces

them.” [redacted] has

been advised that the files are too large to email as we have hundreds of

photos. The photos range from 1,013kb to 4,668kb each – and we have hundreds of

them. One video is 2,987,390kb.  As

previously advised the tenant may schedule an appointment to come in to the

office to review the before and after photos and video.

Regarding threatening staff: *(15) Attached are just a few of the notes we have in our

system that are date and time stamped noting the belligerent behavior. I

have no problem being questioned, but will not tolerate being threatened and

will contact the police to press charges if I feel myself or my staff are in

danger.

Comments suggesting I would have

openly accepted the bill apposed by our Senator and Governor as well as the “on

my knees” being a night job comment are not only inappropriate, but show the

immaturity of the tenant and substantiate that he has no real complaint and is

just bloviating. He is arguing just for the sake of arguing. There is no basis

to his claim.

The tenant has stated no facts or

provided any proof of such. Having provided ample documentation and proof that

we not only complied with the tenant lease, but also Arizona Landlord and

Tenant Act, I would reiterate my plea to the Revdex.com to close this case and strike

this complaint from our record.

Respectfully,

Broker

[redacted] Property Management

 

THIS WILL NOT ALLOW ME TO ATTACH ALL DOCUMENTATION. I WILL ATTEMPT TO ADD THEM ON AN ADDITIONAL PAGE OR WILL EMAIL THEM TO THE Revdex.com - WHICHEVER IS SUCCESSFUL.

The company is great at keeping money in their owner’s pockets. However, it is done at the expense of their tenants. It is not a good feeling to be treated like garbage when you need help with the home you are renting from them. The move-out process is very calculated, I would not expect to get any of your deposit back. They use this as a way to pay for all of the cleaning and repairs that should have been done years ago. This happened to us as well even though prior tenants had to have the carpet professionally cleaned. They had to come back and clean the house AFTER we moved in. Now you have to ask yourself this...how does that happen? AF paid a professional cleaning company to CLEAN the house before we moved in, that was their only job, and it never got done but they claim to have paid for this service. I make sure when I pay for things, I got what I asked for, how could somebody miss this? Where is the accountability? Better yet, does AF "pay" these companies to clean homes but never actually show up? Maybe this was the first time somebody complained. Many of these homes are very old and need plenty of work. It does not matter how well you document your move-in, you will be on the hook for everything in the home. I understand this may be unfair but very legal since the lease is drawn up perfectly. Kudos on that one. We were charged for "landscaping" expenses but paid a professional landscaper to clean the front and back yard a week prior to moving out, weird. We were also charged for multiple cleaning charges for the same thing, but I met the person who moved in after us and he has a little girl so I'm okay with essentially paying to have the home cleaned again for her. I just hope they actually cleaned it instead of just SAYING the cleaned it, like in our case.

Read the responses to the complaints and you can see a common trend, [redacted] is very condescending. The lease is designed to beat the tenants in any disputes. When asked what this urine smell was in the living room, (after the first rain of the monsoon) [redacted] responded “you should have asked if there were pets prior to moving in.” Talk about condescending. My wife is allergic to pet dander and this house was covered in urine smell whenever the weather became humid. We also asked if there was grass in the back, we were told “yes”. When we moved in, it was all gravel. This was our fault for not backing out of the contract, but the lack of professionalism around the features of the rental are horrible. When we moved in, they told us the carpets would be cleaned. This is a standard feature as far as I am concerned. They said a professional cleaning company would get the unit ready for us upon move-in. When our delivery truck showed up, we found the house a mess. AF said the company "missed a few things". There was dust and none of the carpets were clean but we had no choice but to move our furniture in. If you move in to a house and there is dust and the carpets are not clean, what did the cleaning company actually do, if anything? Maybe they charged the last tenants for the service but never actually had it cleaned. We called and let Austin Fleck know and a few days later, they had a few ladies come out with a vacuum cleaner and worked around our furniture, it was disgusting and my toddler had to live in this dirty home. Over time, she would roll around on the carpet and would get rashes from the pet dander (we found out later) and urine. It got so bad they (we did not pay for it) had to replace the pad and carpet and seal the concrete. There was nothing else we could do and finally were able to move out after a year. We broke our lease one month early and you would think we committed an act of treason with how they treated us. We even hosted the open-house, found the tenant and helped them apply online for the lease. I don’t know what else we could have done but needless to say, this company is very bottom-barrel for tenants. I was hung up on multiple times for asking when my move-out date was by [redacted]. She would not let me talk to anybody else in the office either. She said I threatened her and her staff (also a trend, it looks like she uses this as a reason to shut unhappy tenants up). If there is any question of the nature of these phone calls, every second of every call is in an email I can forward called Fleck 1.mp3, Fleck 2.mp3, and Fleck 3.mp3. I have call logs, emails, etc. since I did everything from my work phone (records every inbound and outbound call) I am happy to share these with anybody since the last time I filed a complaint, [redacted] lied in her responses and nobody has ever held her accountable. Please take your time in preparing your responses as they need to be truthful and accurate. Hold all embellishments for a later date, please. I am expecting something like this from AF: We are sorry you are disappointed with your lease. However, your lease has no early move-out provisions and according to A.R.S 11-1111, you have no rights and thank you for playing the game.

I seek no formal remedy from AF or the Revdex.com in this complaint, this is for information purposes only. I want the public to know about [redacted] and her thug management company. Any further complaints have been filed with the AG's office and this is where I will seek remedy.

I would NEVER refer this business and I will actually go OUT OF MY WAY to caution against [redacted] if I ever hear the name again. This is true for discussion boards, forums, and social media. I will let everybody know about my experience.

[redacted]I would expect this to be entered in the record on the Revdex.com site. I want it to be searchable and show up under the complaints section as well as the customer review section.[redacted]

Dependable, conscientious, competent help in handling our property over the long term. Includes very helpful repair and maintenance support, based in knowledge of the community. Well worth considering!

I have reviewed the response 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. 

Regards,

I find Miss [redacted]'s response to be the norm when responding to complaints made against her and the manner in which she handles her business. Unfortunately, for Miss [redacted] other parties also keep files and voice conversations. In multiple conversations whith her assistant "[redacted]" we were told that the checks had to be mailed certiified mail. Therefore, multiple phone calls were made to determine the status. We were consistently told that it was either on Miss [redacted]'s desk, that they were waiting for information from the state, that it was going out the next day, etc. And, that it had to be sent certitied mailed. What we received was 3rd class bulk mail. Therefore, [redacted] and therefore Miss [redacted] openly lied to us both. Miss [redacted] never responded to phone calls made by my partner [redacted] to her asking for a status. I can only assume the Miss [redacted] and her staff would have openly accepted into law the bill opposed by our Senator and Governor. Of course, this is only an opinion and mine to have.

When we moved to Banning Court there were multiple issues with the residence. The ceiling fan could not and never was turned on, even after "repairs" as it was never properly installed and she does not have the proper business contacts to correct them. The tub had to be repaired as the stopper was not working. Multiple lights needed to be replaced and the filters were filthy. As to the latter we found that this was not an issue after being on top of cleaning them on a monthly basis, etc.

We were also and still are confused by the billing made by her associates. For example, the groundskeeper charged for weeding which had already been done by us two days prior and photographed. As If Miss [redacted] personnally reviewed the properties she would have reazlied that she had been taken by the contractor. Of note, Miss [redacted] continually states she has photographs, but when requested she never produces them.

As to my threatening her staff. Yes, I did inform her staff that I would have no problem taking legal action against the firm. I have found as other clients may have found that she, Miss [redacted], does not like to be questionned. Therefore, they use the "police' as a threat against you to keep you quiet and down. Unfortunately, I do not come from her background and have no need to call the police. As for "on her knees" I believe she is confusing me with her night job.

I have taken the invoices etc she provided and sent them to the owner of the property.

Thank you.

There are two tenants on the lease for this property - [redacted]

[redacted] and [redacted]. The lease began on 6/14/13 and expires 6/30/14.

As company policy we conduct an inspection and take photos

and video of each home the morning the tenant lease begins to document...

the

condition of the home prior to possession. On 6/14/13 in addition to the

physical inspection where we turned on every electrical switch, fan, appliance

- opened every door, drawer, blind and window to ensure proper function; there

were 240 move-in photos taken and a seventeen minute, thirty second video

noting the move-in condition of the property. None of the items indicated in

the complaint were noted in any of these three forms of inspection prior to

tenant possession.

The tenants took legal possession on 6/14/13 but chose not

to physically move in until the 27th of June, 2013. On June 27th

[redacted] called furious and belligerent that we had not been maintaining the home in their absence by

mowing the lawn, pulling weeds, cleaning the home of dust, etc. When I explained

this was not a service we are responsible for per their lease, [redacted] became more enraged and threatened the

life of myself and my staff. Incessant phone calls and voice mails ensued

stating we didn’t know who we were dealing with and demanding that I personally

get on my hands and knees and come to the home to address these items.

On 6/28/13 I contacted the second leaseholder, [redacted], to

advise it was not Landlord responsibility to maintain the home when they are

out of town and additionally that if the threats from [redacted] didn’t stop, we were going to contact

the police to press charges. I further explained this would be considered

criminal activity and a violation of their lease – which would be grounds for

the landlord to terminate their lease. [redacted] profusely

apologized for [redacted] behavior. [redacted] asked that we only deal with him

and he would advise [redacted] to no longer contact us. During the tenant’s tenancy, [redacted] was our sole contact and all went well

throughout the remainder of the tenancy.

On 12/3/13 [redacted] called to state they had bought a house and would be vacating. He was advised

that this was breaking the lease and there is no lease break provision in their

lease and therefore, they would be responsible for the entire term of their

lease.

On 12/9/13 at 2:00 p.m. the tenants returned the keys to the

home. On 12/10/13 we conducted our move-out inspection, took 217 photos and an

eighteen minute, fifty six second video to note the condition of the property

after tenant move-out. These three forms of inspection revealed that the home

was in good condition, but a few minor items needed to be address and were

contracted. In addition, the tenant would be responsible for charges for

services to maintain the home until it was re-rented, per their lease.  

The home was placed on the market for rent on 12/10/13. A

new tenant was found and signed the lease on 1/25/14 and took possession on

2/3/14. It is not our policy, nor is it required by law to notify the former

tenant via phone call. We simply await final invoicing and mail via first class

mail the final security deposit disposition within 14 business days per *A.R.S. 

33-1321 D.  

*A.R.S. 33-1321 D. Upon

termination of the tenancy, property or money held by the landlord as prepaid

rent and security may be applied to payment of all rent, and subject to a

landlord’s duty to mitigate, all charges as specified in the signed lease

agreement, or as provided in this chapter, including the amount of damages

which the landlord has suffered by reason of the tenant’s noncompliance with

section 33-1341. Within fourteen days, excluding Saturdays, Sundays or other

legal holidays, after termination to the tenancy and delivery of possession and

demand by the tenant the landlord shall provide the tenant an itemized list of

all deductions together with the amount due and payable to the tenant, if any.

Unless other arrangements are made in writing by the tenant, the landlord shall

mail the itemized list and any amount due, by first class mail, to the tenant’s

last known address.

The tenants came in to the office several times and called multiple

times between 2/3/14 and 2/17/14 to inquire about their security deposit refund

and disposition and were advised the same thing each time – that we were

awaiting final invoicing and that we would comply with the law and mail it to

them within the 14 business days.

The lease is considered to have terminated as of the date

the new tenant took possession which was 2/3/14. Fourteen business days from

that date is 2/21/14. The tenant was mailed their refund and final disposition

via first class mail on 2/19/14 which was two days earlier than required by law.

The tenants claim to have talked to us on 2/23/14 is not

accurate. That was a Sunday and we were closed.

On 2/26/14 [redacted]

called and was once again threatening my staff at which time he was told we

would call the police. [redacted] also called and was

told to advise [redacted]

not to come to avoid the police being called. The tenants were both advised

that the disposition and refund were mailed on the 19th of February,

2014. (I cannot speak for the post office as to why it takes so long for the

mail to arrive – but I can say this is a common occurrence. We are often told

by local clients that it takes a week or better for them to get our mail, it

takes our owners in California

two weeks and Canadian clients over a month.)

On 2/27/14 at 5:53 p.m. [redacted] sent an email through the “Contact Us”

section of the website requesting copies of the disposition, check and proof of

mailing. I was out of the office on Friday, the 28th and received

the email on Monday, March 3rd. I responded to [redacted]’s email and provided copies of the final

disposition, check and proof of mailing postmark dated the 19th of

February, 2014. He did not respond to my email. I left him three voicemails

since then to confirm he received my email and to confirm when he received his

refund in the mail. I shared if he had not received it by Friday, the 7th

of March, that I would place a stop-payment and reissue the check. I have not

heard back from either of them.

 

Today, March 9, 2014, I checked our bank records and found

that the security deposit refund was cashed and cleared our bank on the 28th

of February, 2014.

The disposition charges were accurate and in accordance with

the tenant lease and AZ Landlord and Tenant Act. The tenant was provided

receipts. The disposition was mailed in accordance with the lease and AZ

Landlord and Tenant Act. The tenants have cashed the check acknowledging the refund

is accurate and final. Based on this information (proof available upon your

request) – no other funds are due the tenant and we ask that this complaint be

stricken from our record.

 

Thank you for your time and consideration.

 

Broker

Austin [redacted] Property Management

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait until for the business to perform this action and, if it does, will consider this complaint resolved.

Regards,

For the most part, I enjoyed working with this rental company, until the end. They never made it clear as to what had to be done to receive your security deposit back. So my husband and I spent days cleaning, repairing, and re-purchasing things for the home that were broken. In the end they kept our entire security deposit and charged us more on top of it. When going through the invoices almost everything they charged us for were items we purchased and replaced. They charged us nearly $600 plus dollars for carpet repair...but we purchased and installed brand new carpet a couple days before we left the house. On top of that it took nearly a month to receive any notice after our lease was already over. I hated our exiting experience...we had our lease for a full 2 years.

We leased a home from Austin Fleck for three years, whenever there was a problem at first they would contact the owner and the problem was solved, however when we moved, of course there is no cleaning fee, we had taken better care of this house than the owner, we were told by neighbors and a repairman. we kept it clean, repaired and when we moved the house was clean, besides a little dust in the window sills. We had a jacuzzi and when it was removed the persons responsible didn't disconnect it properly, so for that we should have been charged, but for the other things they charged us, the refrigerator, which I cleaned on my knees, we cleaned the screens, windows, cabinets, I moped the floor on my way out of the back door, so it couldn't have been dirty! this house was move in ready, we also had a landscaper clean up, but 10 days later, the cat feces was in the yard, which it was everyday, so they charged us for cleaning, I would have recommended this company, but no more.

Friendly, efficient, professional. Easy to work with, very responsive to answering any questions. I had attempted to rent my house out on my own but after months was unsuccessful, Austin-Fleck had it rented out in 14 days with a year lease. We had a great experience with them and would use them again in the future!