Burgess Realty Company, Inc.

Review: In September of 2013 I signed a one year lease on an apartment from Burgess Realty in [redacted]. At the signing of the lease I paid a security deposit of $425.00 and was told that when I moved out of the apartment I would receive my deposit back as long as there was no damage to the apartment. On October of 2014 I moved out of the apartment cleaning the building as I left. when I vacated the building I left no damage to the apartment. I received my security deposit ion the mail in November with a receipt for having the carpet shampooed. The cost of the carpet shampooing was deducted from my security deposit. The carpet in the apartment was not cleaned when I moved into it and when I left it wasn't dirty. The entire time I lived in the apartment I had no pets and I did nothing to the carpet warranting this cost deducted from my deposit. If they wanted to clean the apartment the cost should have been at there expense. If they have done this to me how many other people have they done this to. I thought I was dealing with a reputable company when I choose to go with a realty company verses some unknown company. I feel that I was taking advantage of and I don't want anyone else to have to go through this.Desired Settlement: I would like to have the remainder of my security deposit refunded back to me in the amount of $150.00.

Business

Response:

I am responding to the above consumer's complaint. I feel that this complaint has been unwarranted. I have never had a complaint filed against me in the twenty-seven (27) years I have been in Real Estate business and almost

thirty (30) years in the Property Management business. In my opinion, I feel that the Tenant should have notified me if he had concerns. I have been more than fair to this Tenant and feel I have been unjustly condemn. The

Tenant signed the lease dated August 21, 2013 and paid his Security Deposit of $425.00. The Landlord let him move into the property without charge from August 21't through end of August. His first month's rent was due

September 1, 2013 which was paid. That gave the Tenant almost ten (10) free days of rent to move and get settled in his apartment.

In the Virginia Association of Realtors Residential Lease that is a legally binding contract between the Tenant, owner and the property management firm you will find this in item 3:

SECURITY DEPOSIT: Tenant has deposited the amount shown in Section 1(i) as a Security Deposit, to secure a complete and faithful performance by Tenant of all terms and conditions of this Lease, and the obligations imposed

on Tenant by applicable Virginia Law.

A: Disposition. Pursuant to the Virginia Residential Landlord Tenant Act, (VRLTA) Landlord may apply all or part of the Security Deposit to the payment of accrued Rent and the amount of any damages that have been suffered by Landlord, including but not limited to, physical damages, appropriate charges to Tenant not previously reimbursed to Landlord, charges that may be due by Tenant to third-party utility providers in accordance with the provisions of Section 55-248.15:1(A) of the VRLTA, and actual damages for breach of this Lease, including attorneys' fees and costs. Landlord shall have the right to apply the Security Deposit to non-Rent items first, and then to any unpaid Rent. Within forty-five (45) days after termination of the tenancy and return of possession of the Dwelling Unit by Tenant to Landlord, Landlord will provide Tenant with an itemized listing of all deductions made from the Security Deposit, and with payment of any amount due to Tenant. If Tenant complies with all terms and conditions of the Lease and with the VRLTA, Landlord will return to Tenant the Security Deposit, together with an accrued interest if required by law, within forty-five (45) days after termination of the tenancy and return of possession the Dwelling Unit to Landlord by Tenant. If the damages to the Dwelling Unit exceed the amount of the Security Deposit and require the services of a third-party contractor, Landlord shall give written notice to Tenant advising of the fact within a forty five (45) day period. If such notice is given, Landlord shall have an additional fifteen (15) day period to provide an itemization of the damages and the cost of repair. Any interest earned on the Security Deposit in excess of that amount that Landlord is required to pay to Tenant under the VRLTA will be retained by Agent to cover administrative costs.

(d) Moved-Out-Inspection. Under the VRLTA, Landlord will make reasonable efforts to provide Tenant with notice of a right to be present at the time of move-out inspection. Landlord will include in the vacating notice language to

inform Tenant of this right to be present. Tenant must make a written request to Landlord to be present at such an inspection, and Landlord will notify Tenant of the inspection times which will occur within 72 hours of the termination of the tenancy. If Tenant fails to make such a request, or fails to schedule an inspection, Landlord will proceed to do the check-out inspection without Tenant being present.

(NOTE) The tenant never notified the Landlord/manager that he had moved out of the property, The manager went by the property to see where the Tenant was and found the keys to the property on the counter ([redacted]).

While there the manager and prospective tenants noticed that the carpet needed to be clean. So, [redacted] was called to clean the property.(see invoice enclosed). It was the Tenant responsibly to have the property in as good of a condition that he found it in when he moved into said property (less normal wear and tear).

The prior Tenant before this Tenant left the properly in a good and clean order and was given their security deposit back in full. We charged this Tenant the cost of cleaning the carpet because it was left dirty and we felt that he did not clean the carpets prior to his moving out, (Note) We feel that the next Tenant should have the same respect as this Tenant had when moving in.

If it was this Tenant desire to slander my business than he accomplished it. Because I feel that I did not do anything wrong plus my job is to protect the Landlord's property, I'm sorry that our relationship had to end this way.

I wish the Tenant nothing but the very best!

Sincerely,

[redacted], Manager

BURGESS REALITY COMPANY, INC