Birch Management LLC

Initial Business Response / [redacted] (1000, 5, 2016/12/01) */ This is Mr***'s 3rd complaint with the Revdex.com (all of which have been filed prior to Mr [redacted] contacting us), the previous being dismissedIf a mistake has been made, it will be correctedAdditionally, we will be terminating our business relationship with Mr [redacted] at the next anniversary of our agreement No further time will be spent in this matter Initial Consumer Rebuttal / [redacted] (3000, 7, 2016/12/02) */ (The consumer indicated he/she DID NOT accept the response from the business.) Every time a smart response to make themselves look goodI've lost $1000's of dollars since they took over the property from [redacted] I'll be happy to be rid of themFor the recordI've reached out to them EVERY SINGLE TIME I've filed a complaint, but they are loathe to let those of us who pay them speak with anyone other than the poor CSA who answers the phone, I can't get anyone with actual authority to speak to meBirch is great if you have a portfolio, but if you're just one person who owns a small low-rent property they treat you like crap

I am rejecting this response because: I have clearly outlined factual information in regards to each of their claims regarding services providedI have emails from office staff and voicemail documentation to dispute their responsesIt is unfortunate they take absolutely no accountability in their poor customer service (as you can see from all of their complaints)They do everything rightYes I will be seeking an attorney to address this matter This is also to protect future landlords seeking rental management servicesI don't want anyone else to be robbed or mistreatedBuyer beware

Ms*** either has chosen not to read the documents that were provided to her, or fails to understand the documents. Please note that Ms*** originally contacted Birch Management in December in which we took the next steps and provided Ms*** with all of the necessary forms and documents to begin management. We continued to follow up with Ms***, taking the time to answer her questions. She failed to sign a PMA due to her desire to want an “open ended” contract. We then had to inactivate her account due to non-response. Later in December 2015, Ms*** resurfaces to finish the in-take process. I include this information to stress the amount of time and energy that we have spent in providing her with information on our services and time to review the property management agreement, as well as other documentsOn March 5th we receive the official termination notice for 5/31/17. On March 5th I respond to the termination notice with a reminder that Ms*** is in fact terminating the contract early and make her aware of the associated fees. On March 6th, she responds with an unprofessional and rude email that is not factual, and demands to terminate on March 30th (not March 31st)I respond that we are in receipt of her revised termination date and will honor her request. On March 8, Ms*** received an email that clearly outlines the next steps to the close out process. This correspondence stated that, “ Approximately days after the termination date above (or the end of the month approximately days after), you will receive the following: Final equity distributions less the following: Fees as provided for in the PMA, if not previously charged; Invoices presented for payment during the final billing cycle; Final statement of your accountAfter we have completely closed your account, your online access will no longer be available so it will be especially important for you to retrieve any reports and documents that you will need for your records prior to this happeningPlease let me know if you need any assistance in this matter.” As you can see, this letter clearly states that there will be a delay of days from the close out date until she will receive the final equity distributionThis explains the lack of a March contributionAll invoices are available within the secured owner web portal. Ms*** can access her portal at any time to view all invoices, including the receipt for the FedEx shipment. Please keep in mind that it was communicated to her that the security deposit must be transferred via FedEx overnight with direct signature, and that this cost would be posted to her account. The transfer of the security deposit is mandated per NC Tenant Security Deposit ActI am not going to respond to the remaining accusations within Ms***’s complaints as these have already been discussed, and all details are provided for within her Property Management AgreementBirch Management will not take any more time to address Ms***. If she has further concerns she should contact her CPA or legal counsel

Mr*** has taken the carpet bombing approach to the business problems he has and lack of action on his part and filed complaints with anyone who will receive oneAttached is the response that was filed with the NC Real Estate CommissionIt is also important to note that it appears a foreclosure
action has been commenced against the property as a result of a default of the deed of trust

Birch Management has professionally addressed Mr***’s concerns. Mr*** has received the same information that every Birch Management tenant receives, which outline the tenant’s responsibilities prior to vacancy. The lease, see attached, as well as the move-out reminder
letter, also attached, outline expectations. Mr*** is seeking confirmation that he will receive his security deposit refunded; we explained to him that the disposition is contingent on the condition of the premises. The move-out inspection is performed after possession is surrendered. We did in fact reach out to the landlord regarding the tenant’s interest in communicating directly with the landlord. The landlord declined the request. The landlord, our client, actually contacted me to complain about harassing actions from the tenant via FaceBook contactI was forced to send the tenant a very stern cease and desist email to not contact the landlordBirch Management represents the landlord in this transaction, and we do strive to provide quality customer service to our tenants. However, we must protect our client’s best interestsAgain, Mr*** has received the same information that every other tenant receivesIt seems though that he has not read the information, and instead believes that he deserves special attention and due to Fair Housing all tenants are treated equally

I am rejecting this response because:
MY RESPONSE TO BIRCH MANAGEMENT (revised)- The Facts are provided belowNo good faith Realtor Association rules allow us from disseminating lock box codes to clients or tenantsThis is for the safety of all partiesWe do maintain a few lock boxes with single unique codes to which we do provide those codes at times to our clientsFACT: You did not provide the codesCheck with your staffOn two occasions I got we are sorry we changed the code and I had people trying to view the propertyI can forward the emails that support these errors The tenants negotiated to have the rent concession at the front end of the lease instead of at the end, this was communicated to Ms***. If the concession was at the end of the lease then the tenants would not have signed the lease and thus the landlord losing an opportunity for the leaseFACT: What are you talking about! I came up with the rent special idea, not youSince Birch screwed it up I honored your mistake because you already miscommunicated to the tenantThat is why they signed itThey should not have to pay for your errorI had the right to cancel the deal altogetherI have email documentation to support this HUGE MISTAKEI am not sure what Ms*** means about miscommunication of maintenance requests as we notify our clients when a maintenance request is submitted and allow access on our website to follow the progressFACT: Your staff is definitely is sureAT NO TIME WHERE THEY TO ENTER OR PERFORM WORK ON MY PROPERTY AT ANYTIMESIMPLEThe miscommunication was the emergency contact list provided to the tenant for maintenance requestI have email documentation to support these claims. Part of our legal responsibilities under the terms of the Property Management Agreement are to have maintenance we deem as necessary performed to the propertyBased on the actions of Ms***, I would only imagine that had we not had maintenance performed, she would have also been upsetFACT: I sent you a certified letter to not step foot on the propertySo no I would not be upset! I was never informed of the “as we deem necessary” policyAll of our clients have full access to their account on our website and we provide comprehensive monthly reportsIf Ms*** was that interested in her monthly proceeds, she should have used the tools available to her to monitor the financial status of her account prior to our monthly reportFACT: You are right I should have no expectations from Birch to do anything, but post reportsYou perform no maintenance and don't enter the property, but just collect the checkI get itYou did what the law saysAs for the direct deposit, I am not sure what she is referring toWe have only had time in our entire company history when payments were not deposited on the date promisedThat time was due to a bank error and was well before Ms*** was a clientFACT: Well I am the 2nd timeTalk with your staffMy January deposit was not completed in the correct account and not until I called about it on February 1st did any action take placeI have the emails and voicemails if you were not advised of the errorWhy did I have to call to draw this to your attention? FACT: Now this is the 3rd time I have not received my deposit and not advised of any delay by Birch management Of all Ms***’s complaints, the last is the most ridiculousShe copied Lee Porter on many, many e-mails and his contact information is freely available on our website and also on several update letters that we send out each yearFACT: I asked your staff for the contact information and they refused to provide it. NOW THAT IS RIDICULOUSI was never told who handled complaintsYes I did email Porter and that didn’t help because I got no response from any member of management until I wanted to terminate servicesThe staff new I was not pleased and they did nothing but offer bunch of sorriesI find your comments disrespectful and a continuation of your lack of service. Your website was updated after the fact and you are aware of thisThe last point above pretty much sums up the actions of Ms***Based on our experience, it is clearly apparent that there are external factors, outside of our control, involved in this matter that have placed stress on Ms*** being a landlordThis concludes our response in this matter and, without additional factually correct information, we will have nothing further to offer in this matterFACT_ Additional factual information providedWhoever is providing the response from Birch has never taken the time to speak with me on any matters mentioned aboveIt is all second hand informationYes, I do have additional external factors that is precisely why I hired a rental management company for $a month to help with one area of taking care of my houseThis matter is not closed and don’t insult me with calling me ridiculous because your unprofessionalism continuesI find it interesting every complaint you all have received you write it off as frivolous and never take care of the customerIn addition they have tried to charge me additional erroneous fees for terminating the contract early and they have not paid me my final rent deposit for MarchNo one has contacted meBUYER BEWAREYES THEY FOLLOW NC LAW AND LEGALLY CAN GOUGE YOUTHEY WILL NOT GO THE EXTRA MILE AND HELP THE CLIENT!

There are many details that have been left out of Mr***'s complaintAccording to a licensed plumber, he was the one that caused the toilet to overflow and create a serious situation that has required significant repairsThe original invoice that Mr*** received not only included the
initial visit by a plumber and the work done by our emergency service communicating with the tenant and arranging other emergency operationsA copy of the invoice is attached for reviewThe bottom line is that this is a bad situation for both Mr*** and the landlord who suffered extensive damageWe have extensive internal notes included recorded phone calls, memorandums, and pictorial evidence to support our representation of the landlordAt this point the premises has been cleared for occupancy by a licensed remediation expert while the remaining repairs are completedMr***'s renter's insurance should be providing him sufficient accommodations while his mistake is cleaned upAll of this has been relayed to Mr***

Initial Business Response /* (1000, 7, 2016/07/20) */
Ms. [redacted]' facts in this matter are very far from anything that we have on file, here is a synopsis. (1), she did not sign a lease until May 6, 2016; (2) the property was treated immediately prior to her move-in date and is on a routine...

quarterly service with a licensed exterminator; (3) she necessitated us having to call the police to have her removed from our office as she indicated that "I ain't leaving until you call the police"; (4) the landlord denied her request to be released from the lease- we work for the landlord and must follow their lawful instructions under state law; (5) she was refunded her security deposit in full, but not rent for the first month per landlord's instructions.
Every effort was made to accommodate her reasonable requests. This property was sold to a new owner in May 2016 and we no longer manage it.
Initial Consumer Rebuttal /* (3000, 9, 2016/07/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
My complaint is regarding the roaches that greeted me upon my arrival. Mr. [redacted], a Greensboro inspector came to the location and not only saw the roaches but he took pictures of them as well. I also have pictures before the company sprayed and after the company sprayed and roaches were present. Birch gave me a paper that stated that the complex was sprayed but it did not specify if my particular unit was sprayed nor if the order was actually completed. I asked them for a copy of the order showing where they sprayed and I was told that legally they do not have to. If there isn't anything to hide, why wasn't I afforded the opportunity to verify that the unit was treated being that this is where I'm supposed to live with a small child. Furthermore, roaches are not considered an emergency by Birch management therefore I was forced to wait until that Monday to contact them about the roaches. I bombed the place twice and the roaches lived through my 2 attempts to rectify the situation on my own. As far as them calling the police, I was on a telephone call and stated "I am not leaving until something gets done and if it doesn't happen by 5, they will have to have the police escort me off of the premises. The company has security cameras so I'm sure that they will not have an issue with showing the footage if need be. Also, the officer that responded to the call had to tell the manager that he actually had to ask me to leave. No charges were filed as I was not causing a disturbance. Also, they stated on Facebook that I was a threat to their staff. If I am a threat to their staff, why would I be allowed to live on their property if they felt unsafe. I am requesting a refund of the rent for the days that I paid as I NEVER lived in the unit. In addition to that, when the pest control came to spray, other tenants came out of their apartments stating that it was about time that they came and sprayed. One tenant asked [redacted] if Birch would use something different to cure the roach problem as their previous attempts have not been working. The fact of the matter remains that whether knowingly or unknowingly, Birch rented me an apartment that had roaches upon my arrival on the very first day that I was scheduled to move in. Regardless of whether or not they have possession of the property, this company kept over $400 in rent for an apartment that was not safe for me and my child. I have pictures and emails of the entire incident. My request is for Birch to refund me the rent that was paid for this infested unit. If you would like the pictures and videos of the apartment, I will be more than happy to submit them. I do not want to take this matter to court because I do not feel that I am asking anything other than what is right. As a special education teacher, I do not have $400 to throw away on an apartment that I never moved in to. I did not move any furniture in; I only cleaned the apartment and bombed it for the roaches. Birch keeps stating that it is [redacted] that will not refund me the money but if there wasn't a problem, why would they let me out of my lease so quickly but not refund me the rent? Let's calculate the math.. there are 2 buildings with 3 floors in each building and there are 4 apartments on each row. Now let's say the cheapest apartment is $500 a month... $500 x 24 (# of units) = $12,000..given that all of the units are rented, $12,000 x 12 (months in a year) = $144,000. Keep in mind that my rent was close to $700. With that being said, between [redacted] and Birch, they COULD POTENTIALLY be bringing in over $100,000 a year for these 2 building ALONE (not including their other properties), yet a person (me) that makes less than $50,000 a year has to lose out on $400+ over an apartment that had roaches and roach eggs on the first day that I was supposed to move in! I'm not really sure if this falls under customer service. I really hope that after 2 months of going back and forth that Birch will refund me my money as I work extremely hard for it. I addition, my daughter did not feel comfortable being in the home after she saw the roaches and stayed with a friend until I was able to find a new place for us to live. I think that it is not only morally but professionally unsound for me to be treated this way. If we look at the FACTS, there were roaches and roach eggs present when I turned the key (they were alive by the way) and the roaches were still present after they sprayed. I asked Tracy R[redacted] if she would come and look at the roaches with me and she refused to come. I also asked her if she would move her family into the place and her response was "I lived in a place in Winston Salem and someone broke into my house but I fulfilled my lease anyway". Although she never answered the question, I responded and told her that there were measures that she could have taken to prevent a person from successfully breaking into her place such as getting an alarm system or putting protective barriers at her doors and on her windows. I asked her what could I have done to prevent the roaches and I still haven't received an answer to that question. Birch has never acknowledged that they were wrong for renting the unit but would rather shine the light on them requesting me to leave their property (which they never did until the officer told them that they had to verbally tell me to leave). I do not feel that I am wrong in requesting a refund. I really do not have the time nor the funds to take a company to court over a unit that should have been inspected prior to my move in. Since they are "claiming" that they sprayed before I moved in, shouldn't this really be a red flag that they "supposedly" took measures to prevent the roaches but they still lived through their so-called attempt? Why didn't they at least offer to move me to another unit? According to Birch's website, their motto is " to offer personalized and professional services to both our clients and customers by building strong relationships, utilizing the latest technology, implementing effective marketing strategies, and following consistent systems all with honesty and integrity throughout every facet of our business". If they are honest and pride themselves on building strong relationships, how are their actions backing up their motto? If they are honest, why wasn't I allowed to see the COMPLETED order of the apartment being sprayed before and after my arrival? If they are honest, why would they keep my money and I never spent one night there? If they were in my shoes, would they want a loved one to be rented an apartment with roaches and as a result their loved one ends up losing money behind something that he or she never had control over? Birch called the police on me and stated that I was a threat, yet once they refunded me my security deposit, their letter stated to call them if I plan on looking for a new place in the future. If I was such a threat to their staff, why would they send me a letter with my check saying to reach out if I need a place in the future? I'll tell you why, because they probably sent me a generic letter that goes to every tenant once they move out, which further shows that they did not go back and check over their work. If I had someone banned from the property, I sure wouldn't send the letter saying come back if you need us. Whether or not they have possession of the property, they still have the option to give me my money back. I want and need the rent back for this apartment THAT I NEVER LIVED IN! IS $400 REALLY THAT SERIOUS TO A COMPANY THAT BRINGS IN AT LEAST HALF A MILLION A YEAR! As of 7/25/16 (based on their website), Birch and their affiliates could bring in roughly $519,612 in rental properties considering that the leases are for 12 months once their AVAILABLE properties are rented (this was calculated by adding up all of their available properties and multiplying it by 12). This does not include the properties that are already rented that are not listed on the website. My request is for my money to be refunded.
Final Business Response /* (4000, 12, 2016/08/01) */
Birch Management, Inc. no longer manages the property and cannot refund anything due to NC trust account laws. We will not respond any further to this matter.
Final Consumer Response /* (4200, 14, 2016/08/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Thank you. I will take this matter to court.

Initial Business Response /* (1000, 5, 2016/08/22) */
It is unfortunate that water damage occurred at Mr. [redacted]'s investment property; however, none of our actions in any way contributed to the damage. A post-move out inspection was performed when the tenant vacated on August 1, 2016 and at that...

time a lock was on the garage door preventing access. Once the proper tools were obtained to remove the lock, the damage was discovered, documented, and owner notified with an assessment of the damage and recommended course of action.
The tenant's security deposit has not yet been disposed of and all damage that was caused by the tenant will be assessed to the security deposit as allowable by the NC Tenant Security Deposit Act.
As for re-keying, the NC Landlord Tenant Law mandates providing a new tenant with a property that is properly secure. This has widely been understood by the industry and courts that changing the locks prior to a new tenant moving in meets this requirement. We contract with a NC Licensed Locksmith to perform this task.
All of the invoices for any work that we sub-contract our are readily available on our website for our clients 24/7.
Our responsibility is very broad ranging, including leasing the property. The last 2 vacancies have TOTALED 31 days from the time the previous tenant turned in keys until the new tenant moved in. I would consider that to be more than reasonable and much better than market.
This concludes our response in this matter.
Initial Consumer Rebuttal /* (3000, 7, 2016/08/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
They have failed to provide the itemization for the paint charges.
According to Birch records their inspector was on site May 13 and again on June 10. I was informed of garage damage on Aug. 15.
Final Business Response /* (4000, 9, 2016/08/25) */
As mentioned previously, all invoices received from the maintenance providers are provided on the client portal on our website. The previous tenant did not turn in their keys until August 1, 2016, at that time access was not available to the area in question. The damage was discovered late in the day on August 12 (Friday) and reported to the owner on August 15th (Monday). It is unfortunate, but there is nothing that could have been done to prevent the damage. What is left now is to remedy the issue, which is underway, and hold the tenants accountable. During a tenancy, the tenant has the responsibility to report any issues with the property, which they did not.
We have nothing further in this matter.

I am rejecting this response because: I have  clearly outlined factual information in regards to each of their claims regarding services provided. I have emails from office staff and voicemail documentation to dispute their responses. It is unfortunate they take absolutely no accountability in their poor customer service (as you can see from all of their complaints). They do everything right... Yes I will be seeking an attorney to address this matter.  This is also to protect future landlords seeking rental management services. I don't want anyone else to be robbed or mistreated. Buyer beware.

Initial Business Response /* (1000, 5, 2016/12/01) */
This is Mr. [redacted]'s 3rd complaint with the Revdex.com (all 3 of which have been filed prior to Mr. [redacted] contacting us), the previous 2 being dismissed. If a mistake has been made, it will be corrected. Additionally, we will be terminating our business...

relationship with Mr. [redacted] at the next anniversary of our agreement.
No further time will be spent in this matter.
Initial Consumer Rebuttal /* (3000, 7, 2016/12/02) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Every time a smart response to make themselves look good. I've lost $1000's of dollars since they took over the property from [redacted]. I'll be happy to be rid of them. For the record. I've reached out to them EVERY SINGLE TIME I've filed a complaint, but they are loathe to let those of us who pay them speak with anyone other than the poor CSA who answers the phone, I can't get anyone with actual authority to speak to me. Birch is great if you have a portfolio, but if you're just one person who owns a small low-rent property they treat you like crap.

Birch Management performs the security deposit disposition by the terms of the NC Tenant Security Deposit Act.  We take our responsibility seriously.  We perform a very thorough move-in inspection and move-out inspection which are documented. We also use the tenant’s move-in inspection...

report to compare the tenant’s documented concerns of the move-in condition to the move-out condition.    Upon performing the move-out inspection the condition of the carpet was deemed to be stained above the threshold of normal “wear and tear”.  The tenant’s move-in inspection report does not indicate that the carpets were stained.  It does state that there were some dents and a few holes. Our move-in inspection video also does not show the carpet staining that was present upon the [redacted]s moving out of the unit.   Yes, the lease does state that a professional carpet cleaning receipt should be submitted upon moving out of the property. Mr. [redacted] did provide a carpet cleaning receipt for a general carpet cleaning and deodorizing with no stain removal treatment.  However, a professional carpet cleaning receipt does not release the tenant from the responsibility of repairing damage.  The stains warranted an additional carpet cleaning with a stain removal in order to recover them to the same condition that they were found when the tenant’s original took possession. The cost of the professional carpet cleaning with stain treatment was deducted from their security deposit in the amount of $156.00.  The carpets are now clean without stains.