There was some confusion about the date to close Ms***'s account because escrow closed earlier than planned Matters were complicated when the refund check we mailed to her on 12/24/went to her former address, but she had moved out of state It took over a month for the check to
come back! I was in contact with her throughout that time via text On 1/28/she agreed to wait a few more days as we had ascertained that we mailed the check to her former address On 2/the original check came back as undeliverable We had already stopped payment and ran a new check, so we mailed the replacement check to her correct address with the returned envelope on 2/ We also refunded the overcharged management fee once we learned what day escrow really closed
[A default letter is provided here which indicates your acceptance of ArbitrationIf you wish, you may update it before sending it.]Revdex.com:I have reviewed the response made by the business in reference to complaint ID .11385365, and find that arbitration is necessaryMy original complaint started at the $that they had offered during our negotiation with Horizon's Administrator in their office on March 29thAt that time, they refused to let us talk with the Accountant so that we could explain to a qualified person how the remaining money in the tenant account was ours (the settlement check was voided, a settlement agreement reached)They said they would look into the accounts and get back to me the next week and then did not respond to my recap of the meeting that day, nor the subsequent follow up emails once their self-imposed deadline passed, leading me to file a dispute with the Revdex.com.I will prepare a more organized case for the Arbitrator that led up to the $500, plus the remainder that I sought in the original complaint, by the date that you tell me I must submit all documentation.Sincerely,
I am rejecting this response because our rental agreement was with Horizon Properties, we wrote our deposit check to Horizon Properties, and every rent check we wrote was to Horizon Properties Horizon Properties was hired to be a liaison between the owner and the tenant For Horizon to put all of the refund responsibility on the owner is ridiculous and poor business practice There was a lot of damage to the house when we moved in, all of which we reported Even at that time, Horizon said that the decision to fix anything was up to the owner, which is why they claim we had to live in the house for months without a working oven, among many other hazards like a door falling off the hinges due to years of dry rot before we moved in, a green pool for half the year when we were supposed to have pool service included in our rent, and missing screens during our entire time in the house There is absolutely no justification for either the owner or Horizon Properties to deny us our deposit back and it is Horizon's responsibility to refund the money
Here is the email where the owner admits that she would have charged the tenants even more if she had known we did not use up their deposit with the charges thus far. Please note that we would never have held the tenant responsible for the water heater vent. If it broke while they were
living there we would have had it repaired at the owners’ expense
We have spent dozens of hours showing the owners of this property why they are responsible for the money they had to pay to the former tenants They received almost $in rent, like all of our clients they made the final decision as to how much to charge against the tenant's deposit and they are the ones the judge found liable for that overcharge The original security deposit accounting reflects that the owner had us charge the tenant $- $more than their deposit We process - move-outs/security deposit refunds per month and this is the only owner who is claiming that we should be liable for their decisions. Thank you
Thank you for your attention to this matter and for providing us the opportunity to send you follow up documents that we were unable to attach to the Revdex.com system We are definitely not considering this complaint resolved and have badocuments for our claim Attachment A is the mochecklist that Horizon Properties' inspector completed As I had mentioned a few months ago, Horizon staff, ***, provided us with this completed list, instructed us to sign that we received it, then to conduct our own walk through, make our notes, and send it back to them Our notes are on the right in the check-out side, but clearly dated a couple days after we signed their version, showing that we proceeded as instructed We sent it back to them, but obviously they did not honor it because they did not incorporate our notes into theirs What this document shows is that many of the items that the inspector put on the check out form in Decwere items that we had noted on our version of the move in sheet It also shows things like Horizon noted that screens were missing and were on order, but they never arrivedI have attached their check out inspection report so you can compare with what we found on move it. Attachment B shows correspondence between us and Horizon Properties discussing items that we had reported that needed fixing, many of which they are now claiming they need to charge us for as damage Water marks on the ceiling were not from any damage we caused One was there when we first moved in, and another happened the following year The roof was leaking, pouring water into the house and we reported it right away They sent someone out to check it from the outside, but repairs were never made, so the water mark remained Stairs in the backyard had years of water damage, with the pillar bases rotting out, causing the boards to crack as the stairs sunk This certainly was not caused by us, and was due to years of water damage prior to our tenancy We pointed it out the repair man when we were feeling the stairs were becoming more unsafe, but he said he did not have approval to fix themThese are just a few of the ongoing problems with the house that were there before we moved in, but they are now claiming are due to our abuse.Attachment C is a copy of our move out check list and receipts of items Horizon wanted us to provide, including flea bombs for carpeted rooms, professional carpet cleaning, and the list of the many items we turned in with our final check An interesting thing to note is that the move in check list shows that they only gave us house keys, which is far less than what they asked us to turn in It was weeks before we had a mail key, which we had to get from the post office because Horizon didn't have one for us This attachment also includes our contract with the propane company, showing that Horizon has nothing to do with money related to propane Payment for propane is entirely between the tenant and the propane company, which is something Horizon had noted in their response that they were charging us for.The Zip file attached are a few pictures that we took after the carpets were cleaned, showing that we mopped the floor and had the carpets cleaned Baseboards were always dirty when we moved in, as were window sills, so we did not give those much attention, but did an over all cleaning of the house We had pictures from our move-in, but unfortunately we are not able to locate them in our computer drivesIf we are able to retrieve them, we will forward them as wellThey show all the rodent droppings in the garage and kitchen that we found on our initial walk through, along with a lot of the other damage they note was caused by usWe did notice that the mopictures Horizon provided actually show that a lot of that damage was there as well.The last attachment is what we submitted a few months ago when we first filed I wanted to make sure it is included with the rest of our documentation.We look forward to hearing from you and hope that you will be able to assist us in getting this matter resolved.Thank you,*** & *** ***
I am rejecting this response because: I am still awaiting the refund of my entire security depositThe business sent me
a check for $which is what they refer to as "good news"I should not have to beg for my security deposit that is being withheld in bad faithAs a property manager, they should be aware that the rental should be returned in the same condition as it was at move-inMochecklist is attachedThe amount they are still withholding is for cleaning of the house and labor costs for "repairs" of wear & tear items? The amount being withheld for carpet cleaning states that there were stains and pet odor/urine, although we did not have pets at all, and the condition of the carpet upon move in was well documented on the mochecklistBased on the mochecklist, it is clear that most items were listed as "dirty", "stains", etcI refuse to pay for damage done by previous tenants, noted on the checklistTo sign-off on a mochecklist that specifically states "cleaning in progress", tells me that this is the gray area the business uses to show the tenant that cleaning will be done, but then never isI spent the entire weekend cleaning the house upon move in, and made sure to include the email I sent to the property management companyI should have demanded at that time that the entire place was cleaned and carpets replaced before actually moving inUnfortunately, the business is aware that most who are moving are on such a tight deadline that they do not have the time to wait or dispute items before they need to move in to their new houseI am still awaiting the refund of the remaining amount of my security deposit
I am rejecting this response because it is the responsibility of Horizon Properties to send us a list of items and receipts for work done that they are deducting from our security deposit To date, we have received no such list and our move out date was almost a year ago now According to California law, tenants are responsible for damages they have caused, not wear and tear of the house We did not cause any damage to the house and any major repairs that were needed were due to years of neglect by the owner such as rotting stairs outside, roof leaks, etc We are not responsible for such repairs and should not be charged for them Since Horizon Properties has never provided us with any information regarding the repairs they are saying we are responsible for, they have not fulfilled their responsibilities as a property management company I am still insisting that they need to return our security deposit, even if the owner does not agree
I am rejecting this response because:This property management company is skirting the issues and trying to distract the Revdex.com from the real problem Only after I filed a complaint did I even get a response from Horizon Properties after mulitple phone calls We were not provided an opportunity to have a walk through with their representative and we have not been refunded our deposit within the ***e allowed by the California Civil Code I have attached multiple emails that repeatedly state that Horizon Properties does not schedule walk through's and that they perform the inspection hours after we turn in the keys Neither my wife nor myself were provided any documentation prior to our move out and no explanation of what was damaged or what moneys were being withheld for specific repairs Within my contractual duties as a tenant, I notified Horizon properties of my intent to vacate and my desire to schedule an inspection I was denied this request We never received an email attachment on 4/12/like *** claims *** said she would email me something about my move but never included any attachments or explained what this paperwork included(see attached) Form or no form, we have the rights to an inspection, we were denied these rights.We were not provided an itemized list of deductions from our deposit, we were provided general estimates The civil code clearly states that " Along with itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises(B) If the landlord or landlord's employee did not perform the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work..." We didn't even receive a final inspection form until I got a copy through this filed complaint Our contract states that the house should be left in as clean a condition as when we moved in The house was cleaner when we moved out than when we moved in My wife has emails to Horizon properties upon our original move in stating that the house was filthy and had not been cleaned by the previous tenants Horizon properties had to send in a cleaning crew after we had moved in to have the house cleaned and sanitized This house has been rented and had signs of wear long before we moved in, with wall patches and chips and dings here and there, it is an old cheaply constructed house The fact that *** says they had to remove leaves from the roof is laughable Those trees were constantly dropping branches and leaves I cleaned that roof and gutters on many occasions and even had to trim back tree limbs that were growing into the house After I move out, I can't stop the trees from dropping leaves on the roof Before we got a second dog at the property, we asked permission, and we also have emails showing that This was not a surprise or violation of our contract This is a non-issue Our dogs did not destroy any sprinkler heads, I had replaced many on my own because the system was slowly failing one by one, but I never asked to be reimbursed since they are less than $each and take minutes to replace The grass was not dug up by the dogs, it was always patchy due to heavy shade under the trees and it really died out the previous year when we were on mandatory water restrictions and it never grew back quite the same I cannot be held responsible for dead grass when I am told not to water by the city I fertilized that lawn twice a year and watered when possible.*** states that the condition of the house was dirty(false) and that the cleaning only cost $out of the $estimate that was deducted, then why have we not received our refund? I do not have a contract with the owner of the house, I have a contract with Horizon Properties They hold the deposit and make any repairs above and new wear and tear and are required to refund me in a timely manner per the law This has not happened and this is why we are rightfully filing a complaint, we are not being unreasonable with our request If I am not provided our itemized list of repairs and the remainder of our refund by October I will file a claim in court and we will win A quick google search shows that we are not the first to have this type of problem with Horizon Properties and sadly will not likely be the last This is a poor way to run a business, to hold honest people's money hostage and hope they give up so that the business can keep the money to turn a profit
I am rejecting this response because: There has been no reversal of the fee for Horizon Properties. I've been refunded separately from [redacted]'s own funds and Horizon Properties has still received their fee. At this point, I'm only asking Horizon Properties to explicitly drop their threatening remarks about reporting credit delinquency. Once that's done, then this whole debacle could be finished. I brought the case to the Revdex.com because I want proper documentation of this exchange.
Of the 12 maintenance items this tenant called in during their tenancy, we sent licensed and insured professionals out each and every time. Part of that assignment includes an email to both the assigned vendor AND the tenant so the tenant knows who was assigned the work and is able to contact...
them directly if necessary. Sometimes we reported it to the Home Warranty Company and sometimes we hired independent contractors, but the jobs were always assigned promptly. We do have a note on file from the plumber who was assigned to look at the water heater that states, “Left message for tenant several times to schedule. No reply.” In February 2015 this tenant requested permission to get a dog which the owner graciously allowed. In June of 2015 during our inspection it was discovered that there were TWO dogs. The owner did not request an additional deposit, but part of the withholdings from the deposit were from the owner for the repair of drip lines that had been chewed up. We do have the photos of the rear yard that show not only chewed drip lines, but broken sprinkler heads and digging areas in the grass from the dogs. What the tenant received was an estimated cost of the charges against their deposit based on the repairs that were needed that were not normal wear and tear. The charges are indeed estimates if the owner did not yet get the work done. The final invoices will be actual invoices and not estimates, so they will likely not be rounded to the nearest hundred dollars. Of course this is something over which we have no control. The final accounting has not been completed yet as we are still awaiting some of the bills from the owner. The home was left in dirty condition and the cleaning company we hired only charged $140. We do not have the rest of the invoices from the owner but we have made contact again to see when we could expect them. Per statute, we will finalize the deposit accounting within 14 days of receipt of those final bills. The photos we use are not the ones we used for marketing but rather the ones from a day or so before the tenant moved in and a day or so after they moved out. That is combined with a six-page very detailed written inspection report performed at both move-in and move-out inspections. This is what is used when determining what should be tenant responsibility, such as the damage in the rear yard from their dogs. The Realtor requested that we provide them with photos of the house for selling purposes. The work that is being charged to the tenants will only be that which was performed and for which there are actual invoices. We know, and we advise owners accordingly, that no funds may be deducted from the deposit without getting the work done. Section 35 of the lease states that the tenants have the right to a pre-move-out inspection and that they must request this inspection a minimum of two weeks before vacating. Not only is this covered in the lease, it is also outlined clearly in the 30-day acknowledgement packet emailed to them on 4/12/16. That form provided two fields for them to choose times and dates that would be most convenient for them for such an inspection. When we get those forms back, we check our calendars and reply with which of the two dates/times work best for us. During that inspection we could have pointed out many of the things for which they are responsible such as all the damage from their dogs. This form was not returned to us so no such inspection was scheduled. The email below is what they are calling a “denial” of their request. It was not a denial so much as informing them how we handle our move-out inspections. We do not schedule them in advance as tenants invariably have changes. Thus we must create our schedule based upon those keys that have been turned in, not those that are expected to be turned in. I am attaching the tenants' move-in/move-out inspection and the Initial Security Deposit settlement. Please note that on the inspection, an arrow pointing to the left means it was the same at move-in as at move-out. Pictures from both inspections are available upon request. Thank you. [redacted] [redacted] [redacted] [redacted] [redacted] [redacted]
I am rejecting this response because the receipts for repairs indicate that the tenant is responsible for the repairs and cleaning that was required, but those were all items that we had indicated were issues that existed prior to our move in and our move in list shows that. The baseboards were so filthy when we moved in that the cleaning lady they sent said that they were beyond what she could do and left them in poor condition. The peep hole had tape on it when we moved in, the closet doors downstairs never worked, but we didn't see that until we moved in and tried to use them. Horizon's move in sheet notes that the screens were being replaced, but they never arrived, yet they are claiming we are responsible for the replacement of those. We also shouldn't be charged for yard work done. That yard was always way overgrown, despite our efforts to maintain it long after the initial landscapers attempted and gave up! We do NOT accept your response because the information you have provided the owner is a false representation of what we are responsible for. There were so many things wrong with that house when we moved in and we should not be responsible for any of it! I'm sure your clients, the owners, will be interested to hear that your solution is for us to sue them. Not good business.
The good news is that we already refunded the money two weeks ago, so this response is simply to put on record that we did respond. Many thanks. [redacted]President
I am rejecting this response because: Not a single fraction of the security deposit has been remitted nor has any proof of receipt been provided the tenant. Tenant provided all keys and receipts on April 30, 2015. Horizon Properties management company is using the same excuses as in other complaints on Revdex.com that they then paid out. The facts are that all obligations were carried out by the tenant. Horizon failed to remit deposit and or provide receipts that by California law civil code 1950.5. (G)they were obligated to obey. It is now September 23rd 2015 and still no deposit or receipt that Ms. [redacted] spoke of. Tenant has paid an excess of $2050 dollars moving out of a house that Horizon Properties claims was not in good condition when vacated, not to mention the owner was calling the tenant and harassing the tenant as to when would be the earliest that the tenant could move out so that the house could be sold. Tenant Vacated the property and left the house clean. Horizon Properties only response is to sue the owner? Horizon Properties owes the tenant $1750 plus late fees to the tenant. Kind regards.
I am rejecting this response because:Horizon Properties is still placing all the blame and responsibility on the Owner. Did they not represent the owner? Did they not collect a $1750 security deposit? Did they actually let the owner pilfer the security deposit so the owner could sell the house quickly? Horizon claims they sent documents that I never received? Shouldn't they make sure the tenant receives these documents? Instead they post a phony proof of mailing?? Horizon's only offer to a tenant that has been robbed of $2000 is to sue the owner that they represented and that tenant has no information on the owner in which to do so. How would the tenant sue if not provided information on the owner? Is Horizon going to provide that information? Probably not.Horizon Properties represented the owner at the time that tenant rented the property, Horizon Properties is liable. Please see the other complaints where Horizon in most cases gave back the security deposit when claiming the same excuses you have seen on this thread. Did they blame the owner in those complaints? No they didn't. They offered settlement. That alone in itself should tell the consumer all they need to know about Horizon Properties. Horizon Properties, redeem yourselves and return $1750 to the tenant. Please.
We switched from Promas to Appfolio in March 2016. All clients were informed in advance. Promas showed all funds in one account but security deposits are accounted for separately in Appfolio. All of the money is correct in the bank - that never changed. An audit by the Bureau of Real...
Estate in November 2016 confirmed that. But when we learned that not all of the security deposits were transferred correctly from Promas to Appfolio, journal entries were required to make them correct. We are in the midst of having an outside Accounting Manager review every account for accuracy. We will release this client''s funds and will show him how the account is correct. Thank you.
All of my replies are in red: I [redacted] [redacted] Please see the email this tenant attached to his own response (copied below). Crystal stated that we would call them on the day we do the inspection if they included a note with their keys, which they did not. a[redacted] All of our initial deposit accountings are mailed within the 21-day time frame allowed by law. The law relating to the final accounting stipulates that it must be mailedwithin 14 days of receipt of the final bills. [redacted] See above. [redacted] That is what the initial security deposit, mailed within 21 days of move out, accomplishes. [redacted] The tenant was not denied the opportunity to be at the inspection as evidenced in the email he included from [redacted] in which she explained in more detail than Tim our process for tenants being at the move-out inspection. [redacted]
*This has been answered above in the email [redacted] sent to the tenant which the tenant has acknowledged. [redacted] Civil Code 1950.5 specifically allows landlords to provide estimates within the 21-day timeframe if the repairs cannot be completed and bills received within that time. Once the final bill is received, the landlord has 14 days to send out a final accounting with copies of the bills. [redacted] [redacted] offered, in the above email, to send the final inspection to the tenant upon request. This was the first time he requested it. [redacted] Exactly! We had the house cleaned and sanitized for them, so they were expected to leave it in the same condition when they moved out. Dirt is not normal wear and tear. [redacted]. The house was no different when they moved in from when they viewed the house before applying to move in. All the wear and damage was carefully documented on their move-in inspection so they would not be held responsible, a copy of which is attached. [redacted] The property managers document all the conditions at the house. That does not mean they are charged for everything. The tenant was not charged for the removal of anything from the roof. [redacted]
The form allowing their dog in February 2015 after they moved in September 2013 is attached. ONE DOG. [redacted] The move-out photos do show at least two photos of the sprinkler line damaged by bite marks. [redacted] The owner has just given us authorization to complete the final deposit settlement. It should already have been processed and mailed to the tenant. We are happy to report the owner approved refunding the tenant most of his deposit. [redacted] The contract is exactly between the tenant and the owner. See below and attached: [redacted]
*The management company does not get to keep any funds withheld from the tenants’ deposit. In fact, we advise owners that we cannot withhold funds that are not expended on the item for which the tenant is being charged. We have no control over the funds or the decision the owner makes after they view the move-in/move-out inspection and photos. Accordingly, per the California Judge’s Bench Book, if the tenant decides to sue even after viewing the evidence attached, the suit is mandated to be brought against the owner. Thank you.
There was some confusion about the date to close Ms***'s account because escrow closed earlier than planned Matters were complicated when the refund check we mailed to her on 12/24/went to her former address, but she had moved out of state It took over a month for the check to
come back! I was in contact with her throughout that time via text On 1/28/she agreed to wait a few more days as we had ascertained that we mailed the check to her former address On 2/the original check came back as undeliverable We had already stopped payment and ran a new check, so we mailed the replacement check to her correct address with the returned envelope on 2/ We also refunded the overcharged management fee once we learned what day escrow really closed
[A default letter is provided here which indicates your acceptance of ArbitrationIf you wish, you may update it before sending it.]Revdex.com:I have reviewed the response made by the business in reference to complaint ID .11385365, and find that arbitration is necessaryMy original complaint started at the $that they had offered during our negotiation with Horizon's Administrator in their office on March 29thAt that time, they refused to let us talk with the Accountant so that we could explain to a qualified person how the remaining money in the tenant account was ours (the settlement check was voided, a settlement agreement reached)They said they would look into the accounts and get back to me the next week and then did not respond to my recap of the meeting that day, nor the subsequent follow up emails once their self-imposed deadline passed, leading me to file a dispute with the Revdex.com.I will prepare a more organized case for the Arbitrator that led up to the $500, plus the remainder that I sought in the original complaint, by the date that you tell me I must submit all documentation.Sincerely,
I am rejecting this response because our rental agreement was with Horizon Properties, we wrote our deposit check to Horizon Properties, and every rent check we wrote was to Horizon Properties Horizon Properties was hired to be a liaison between the owner and the tenant For Horizon to put all of the refund responsibility on the owner is ridiculous and poor business practice There was a lot of damage to the house when we moved in, all of which we reported Even at that time, Horizon said that the decision to fix anything was up to the owner, which is why they claim we had to live in the house for months without a working oven, among many other hazards like a door falling off the hinges due to years of dry rot before we moved in, a green pool for half the year when we were supposed to have pool service included in our rent, and missing screens during our entire time in the house There is absolutely no justification for either the owner or Horizon Properties to deny us our deposit back and it is Horizon's responsibility to refund the money
Here is the email where the owner admits that she would have charged the tenants even more if she had known we did not use up their deposit with the charges thus far. Please note that we would never have held the tenant responsible for the water heater vent. If it broke while they were
living there we would have had it repaired at the owners’ expense
We have spent dozens of hours showing the owners of this property why they are responsible for the money they had to pay to the former tenants They received almost $in rent, like all of our clients they made the final decision as to how much to charge against the tenant's deposit and they are the ones the judge found liable for that overcharge The original security deposit accounting reflects that the owner had us charge the tenant $- $more than their deposit We process - move-outs/security deposit refunds per month and this is the only owner who is claiming that we should be liable for their decisions. Thank you
Thank you for your attention to this matter and for providing us the opportunity to send you follow up documents that we were unable to attach to the Revdex.com system We are definitely not considering this complaint resolved and have badocuments for our claim Attachment A is the mochecklist that Horizon Properties' inspector completed As I had mentioned a few months ago, Horizon staff, ***, provided us with this completed list, instructed us to sign that we received it, then to conduct our own walk through, make our notes, and send it back to them Our notes are on the right in the check-out side, but clearly dated a couple days after we signed their version, showing that we proceeded as instructed We sent it back to them, but obviously they did not honor it because they did not incorporate our notes into theirs What this document shows is that many of the items that the inspector put on the check out form in Decwere items that we had noted on our version of the move in sheet It also shows things like Horizon noted that screens were missing and were on order, but they never arrivedI have attached their check out inspection report so you can compare with what we found on move it. Attachment B shows correspondence between us and Horizon Properties discussing items that we had reported that needed fixing, many of which they are now claiming they need to charge us for as damage Water marks on the ceiling were not from any damage we caused One was there when we first moved in, and another happened the following year The roof was leaking, pouring water into the house and we reported it right away They sent someone out to check it from the outside, but repairs were never made, so the water mark remained Stairs in the backyard had years of water damage, with the pillar bases rotting out, causing the boards to crack as the stairs sunk This certainly was not caused by us, and was due to years of water damage prior to our tenancy We pointed it out the repair man when we were feeling the stairs were becoming more unsafe, but he said he did not have approval to fix themThese are just a few of the ongoing problems with the house that were there before we moved in, but they are now claiming are due to our abuse.Attachment C is a copy of our move out check list and receipts of items Horizon wanted us to provide, including flea bombs for carpeted rooms, professional carpet cleaning, and the list of the many items we turned in with our final check An interesting thing to note is that the move in check list shows that they only gave us house keys, which is far less than what they asked us to turn in It was weeks before we had a mail key, which we had to get from the post office because Horizon didn't have one for us This attachment also includes our contract with the propane company, showing that Horizon has nothing to do with money related to propane Payment for propane is entirely between the tenant and the propane company, which is something Horizon had noted in their response that they were charging us for.The Zip file attached are a few pictures that we took after the carpets were cleaned, showing that we mopped the floor and had the carpets cleaned Baseboards were always dirty when we moved in, as were window sills, so we did not give those much attention, but did an over all cleaning of the house We had pictures from our move-in, but unfortunately we are not able to locate them in our computer drivesIf we are able to retrieve them, we will forward them as wellThey show all the rodent droppings in the garage and kitchen that we found on our initial walk through, along with a lot of the other damage they note was caused by usWe did notice that the mopictures Horizon provided actually show that a lot of that damage was there as well.The last attachment is what we submitted a few months ago when we first filed I wanted to make sure it is included with the rest of our documentation.We look forward to hearing from you and hope that you will be able to assist us in getting this matter resolved.Thank you,*** & *** ***
I am rejecting this response because: I am still awaiting the refund of my entire security depositThe business sent me
a check for $which is what they refer to as "good news"I should not have to beg for my security deposit that is being withheld in bad faithAs a property manager, they should be aware that the rental should be returned in the same condition as it was at move-inMochecklist is attachedThe amount they are still withholding is for cleaning of the house and labor costs for "repairs" of wear & tear items? The amount being withheld for carpet cleaning states that there were stains and pet odor/urine, although we did not have pets at all, and the condition of the carpet upon move in was well documented on the mochecklistBased on the mochecklist, it is clear that most items were listed as "dirty", "stains", etcI refuse to pay for damage done by previous tenants, noted on the checklistTo sign-off on a mochecklist that specifically states "cleaning in progress", tells me that this is the gray area the business uses to show the tenant that cleaning will be done, but then never isI spent the entire weekend cleaning the house upon move in, and made sure to include the email I sent to the property management companyI should have demanded at that time that the entire place was cleaned and carpets replaced before actually moving inUnfortunately, the business is aware that most who are moving are on such a tight deadline that they do not have the time to wait or dispute items before they need to move in to their new houseI am still awaiting the refund of the remaining amount of my security deposit
I am rejecting this response because it is the responsibility of Horizon Properties to send us a list of items and receipts for work done that they are deducting from our security deposit To date, we have received no such list and our move out date was almost a year ago now According to California law, tenants are responsible for damages they have caused, not wear and tear of the house We did not cause any damage to the house and any major repairs that were needed were due to years of neglect by the owner such as rotting stairs outside, roof leaks, etc We are not responsible for such repairs and should not be charged for them Since Horizon Properties has never provided us with any information regarding the repairs they are saying we are responsible for, they have not fulfilled their responsibilities as a property management company I am still insisting that they need to return our security deposit, even if the owner does not agree
I am rejecting this response because: I find Janet's statement ridiculous
I am rejecting this response because:This property management company is skirting the issues and trying to distract the Revdex.com from the real problem Only after I filed a complaint did I even get a response from Horizon Properties after mulitple phone calls We were not provided an opportunity to have a walk through with their representative and we have not been refunded our deposit within the ***e allowed by the California Civil Code I have attached multiple emails that repeatedly state that Horizon Properties does not schedule walk through's and that they perform the inspection hours after we turn in the keys Neither my wife nor myself were provided any documentation prior to our move out and no explanation of what was damaged or what moneys were being withheld for specific repairs Within my contractual duties as a tenant, I notified Horizon properties of my intent to vacate and my desire to schedule an inspection I was denied this request We never received an email attachment on 4/12/like *** claims *** said she would email me something about my move but never included any attachments or explained what this paperwork included(see attached) Form or no form, we have the rights to an inspection, we were denied these rights.We were not provided an itemized list of deductions from our deposit, we were provided general estimates The civil code clearly states that " Along with itemized statement, the landlord shall also include copies of documents showing charges incurred and deducted by the landlord to repair or clean the premises(B) If the landlord or landlord's employee did not perform the work, the landlord shall provide the tenant a copy of the bill, invoice, or receipt supplied by the person or entity performing the work..." We didn't even receive a final inspection form until I got a copy through this filed complaint Our contract states that the house should be left in as clean a condition as when we moved in The house was cleaner when we moved out than when we moved in My wife has emails to Horizon properties upon our original move in stating that the house was filthy and had not been cleaned by the previous tenants Horizon properties had to send in a cleaning crew after we had moved in to have the house cleaned and sanitized This house has been rented and had signs of wear long before we moved in, with wall patches and chips and dings here and there, it is an old cheaply constructed house The fact that *** says they had to remove leaves from the roof is laughable Those trees were constantly dropping branches and leaves I cleaned that roof and gutters on many occasions and even had to trim back tree limbs that were growing into the house After I move out, I can't stop the trees from dropping leaves on the roof Before we got a second dog at the property, we asked permission, and we also have emails showing that This was not a surprise or violation of our contract This is a non-issue Our dogs did not destroy any sprinkler heads, I had replaced many on my own because the system was slowly failing one by one, but I never asked to be reimbursed since they are less than $each and take minutes to replace The grass was not dug up by the dogs, it was always patchy due to heavy shade under the trees and it really died out the previous year when we were on mandatory water restrictions and it never grew back quite the same I cannot be held responsible for dead grass when I am told not to water by the city I fertilized that lawn twice a year and watered when possible.*** states that the condition of the house was dirty(false) and that the cleaning only cost $out of the $estimate that was deducted, then why have we not received our refund? I do not have a contract with the owner of the house, I have a contract with Horizon Properties They hold the deposit and make any repairs above and new wear and tear and are required to refund me in a timely manner per the law This has not happened and this is why we are rightfully filing a complaint, we are not being unreasonable with our request If I am not provided our itemized list of repairs and the remainder of our refund by October I will file a claim in court and we will win A quick google search shows that we are not the first to have this type of problem with Horizon Properties and sadly will not likely be the last This is a poor way to run a business, to hold honest people's money hostage and hope they give up so that the business can keep the money to turn a profit
Attached are the copies of the bills you requested.
There will be no negative report submitted if the application fee is not reversed. Thank you.
I am rejecting this response because: There has been no reversal of the fee for Horizon Properties. I've been refunded separately from [redacted]'s own funds and Horizon Properties has still received their fee. At this point, I'm only asking Horizon Properties to explicitly drop their threatening remarks about reporting credit delinquency. Once that's done, then this whole debacle could be finished. I brought the case to the Revdex.com because I want proper documentation of this exchange.
Of the 12 maintenance items this tenant called in during their tenancy, we sent licensed and insured professionals out each and every time. Part of that assignment includes an email to both the assigned vendor AND the tenant so the tenant knows who was assigned the work and is able to contact...
them directly if necessary. Sometimes we reported it to the Home Warranty Company and sometimes we hired independent contractors, but the jobs were always assigned promptly. We do have a note on file from the plumber who was assigned to look at the water heater that states, “Left message for tenant several times to schedule. No reply.” In February 2015 this tenant requested permission to get a dog which the owner graciously allowed. In June of 2015 during our inspection it was discovered that there were TWO dogs. The owner did not request an additional deposit, but part of the withholdings from the deposit were from the owner for the repair of drip lines that had been chewed up. We do have the photos of the rear yard that show not only chewed drip lines, but broken sprinkler heads and digging areas in the grass from the dogs. What the tenant received was an estimated cost of the charges against their deposit based on the repairs that were needed that were not normal wear and tear. The charges are indeed estimates if the owner did not yet get the work done. The final invoices will be actual invoices and not estimates, so they will likely not be rounded to the nearest hundred dollars. Of course this is something over which we have no control. The final accounting has not been completed yet as we are still awaiting some of the bills from the owner. The home was left in dirty condition and the cleaning company we hired only charged $140. We do not have the rest of the invoices from the owner but we have made contact again to see when we could expect them. Per statute, we will finalize the deposit accounting within 14 days of receipt of those final bills. The photos we use are not the ones we used for marketing but rather the ones from a day or so before the tenant moved in and a day or so after they moved out. That is combined with a six-page very detailed written inspection report performed at both move-in and move-out inspections. This is what is used when determining what should be tenant responsibility, such as the damage in the rear yard from their dogs. The Realtor requested that we provide them with photos of the house for selling purposes. The work that is being charged to the tenants will only be that which was performed and for which there are actual invoices. We know, and we advise owners accordingly, that no funds may be deducted from the deposit without getting the work done. Section 35 of the lease states that the tenants have the right to a pre-move-out inspection and that they must request this inspection a minimum of two weeks before vacating. Not only is this covered in the lease, it is also outlined clearly in the 30-day acknowledgement packet emailed to them on 4/12/16. That form provided two fields for them to choose times and dates that would be most convenient for them for such an inspection. When we get those forms back, we check our calendars and reply with which of the two dates/times work best for us. During that inspection we could have pointed out many of the things for which they are responsible such as all the damage from their dogs. This form was not returned to us so no such inspection was scheduled. The email below is what they are calling a “denial” of their request. It was not a denial so much as informing them how we handle our move-out inspections. We do not schedule them in advance as tenants invariably have changes. Thus we must create our schedule based upon those keys that have been turned in, not those that are expected to be turned in. I am attaching the tenants' move-in/move-out inspection and the Initial Security Deposit settlement. Please note that on the inspection, an arrow pointing to the left means it was the same at move-in as at move-out. Pictures from both inspections are available upon request. Thank you. [redacted] [redacted] [redacted] [redacted] [redacted] [redacted]
I am rejecting this response because the receipts for repairs indicate that the tenant is responsible for the repairs and cleaning that was required, but those were all items that we had indicated were issues that existed prior to our move in and our move in list shows that. The baseboards were so filthy when we moved in that the cleaning lady they sent said that they were beyond what she could do and left them in poor condition. The peep hole had tape on it when we moved in, the closet doors downstairs never worked, but we didn't see that until we moved in and tried to use them. Horizon's move in sheet notes that the screens were being replaced, but they never arrived, yet they are claiming we are responsible for the replacement of those. We also shouldn't be charged for yard work done. That yard was always way overgrown, despite our efforts to maintain it long after the initial landscapers attempted and gave up! We do NOT accept your response because the information you have provided the owner is a false representation of what we are responsible for. There were so many things wrong with that house when we moved in and we should not be responsible for any of it! I'm sure your clients, the owners, will be interested to hear that your solution is for us to sue them. Not good business.
The good news is that we already refunded the money two weeks ago, so this response is simply to put on record that we did respond. Many thanks. [redacted]President
I am rejecting this response because: Not a single fraction of the security deposit has been remitted nor has any proof of receipt been provided the tenant. Tenant provided all keys and receipts on April 30, 2015. Horizon Properties management company is using the same excuses as in other complaints on Revdex.com that they then paid out. The facts are that all obligations were carried out by the tenant. Horizon failed to remit deposit and or provide receipts that by California law civil code 1950.5. (G)they were obligated to obey. It is now September 23rd 2015 and still no deposit or receipt that Ms. [redacted] spoke of. Tenant has paid an excess of $2050 dollars moving out of a house that Horizon Properties claims was not in good condition when vacated, not to mention the owner was calling the tenant and harassing the tenant as to when would be the earliest that the tenant could move out so that the house could be sold. Tenant Vacated the property and left the house clean. Horizon Properties only response is to sue the owner? Horizon Properties owes the tenant $1750 plus late fees to the tenant. Kind regards.
I am rejecting this response because:Horizon Properties is still placing all the blame and responsibility on the Owner. Did they not represent the owner? Did they not collect a $1750 security deposit? Did they actually let the owner pilfer the security deposit so the owner could sell the house quickly? Horizon claims they sent documents that I never received? Shouldn't they make sure the tenant receives these documents? Instead they post a phony proof of mailing?? Horizon's only offer to a tenant that has been robbed of $2000 is to sue the owner that they represented and that tenant has no information on the owner in which to do so. How would the tenant sue if not provided information on the owner? Is Horizon going to provide that information? Probably not.Horizon Properties represented the owner at the time that tenant rented the property, Horizon Properties is liable. Please see the other complaints where Horizon in most cases gave back the security deposit when claiming the same excuses you have seen on this thread. Did they blame the owner in those complaints? No they didn't. They offered settlement. That alone in itself should tell the consumer all they need to know about Horizon Properties. Horizon Properties, redeem yourselves and return $1750 to the tenant. Please.
We switched from Promas to Appfolio in March 2016. All clients were informed in advance. Promas showed all funds in one account but security deposits are accounted for separately in Appfolio. All of the money is correct in the bank - that never changed. An audit by the Bureau of Real...
Estate in November 2016 confirmed that. But when we learned that not all of the security deposits were transferred correctly from Promas to Appfolio, journal entries were required to make them correct. We are in the midst of having an outside Accounting Manager review every account for accuracy. We will release this client''s funds and will show him how the account is correct. Thank you.
All of my replies are in red: I [redacted] [redacted] Please see the email this tenant attached to his own response (copied below). Crystal stated that we would call them on the day we do the inspection if they included a note with their keys, which they did not. a[redacted] All of our initial deposit accountings are mailed within the 21-day time frame allowed by law. The law relating to the final accounting stipulates that it must be mailedwithin 14 days of receipt of the final bills. [redacted] See above. [redacted] That is what the initial security deposit, mailed within 21 days of move out, accomplishes. [redacted] The tenant was not denied the opportunity to be at the inspection as evidenced in the email he included from [redacted] in which she explained in more detail than Tim our process for tenants being at the move-out inspection. [redacted]
*This has been answered above in the email [redacted] sent to the tenant which the tenant has acknowledged. [redacted] Civil Code 1950.5 specifically allows landlords to provide estimates within the 21-day timeframe if the repairs cannot be completed and bills received within that time. Once the final bill is received, the landlord has 14 days to send out a final accounting with copies of the bills. [redacted] [redacted] offered, in the above email, to send the final inspection to the tenant upon request. This was the first time he requested it. [redacted] Exactly! We had the house cleaned and sanitized for them, so they were expected to leave it in the same condition when they moved out. Dirt is not normal wear and tear. [redacted]. The house was no different when they moved in from when they viewed the house before applying to move in. All the wear and damage was carefully documented on their move-in inspection so they would not be held responsible, a copy of which is attached. [redacted] The property managers document all the conditions at the house. That does not mean they are charged for everything. The tenant was not charged for the removal of anything from the roof. [redacted]
The form allowing their dog in February 2015 after they moved in September 2013 is attached. ONE DOG. [redacted] The move-out photos do show at least two photos of the sprinkler line damaged by bite marks. [redacted] The owner has just given us authorization to complete the final deposit settlement. It should already have been processed and mailed to the tenant. We are happy to report the owner approved refunding the tenant most of his deposit. [redacted] The contract is exactly between the tenant and the owner. See below and attached: [redacted]
*The management company does not get to keep any funds withheld from the tenants’ deposit. In fact, we advise owners that we cannot withhold funds that are not expended on the item for which the tenant is being charged. We have no control over the funds or the decision the owner makes after they view the move-in/move-out inspection and photos. Accordingly, per the California Judge’s Bench Book, if the tenant decides to sue even after viewing the evidence attached, the suit is mandated to be brought against the owner. Thank you.