Community Credit Counseling Foundation

In reference to the issues the tenant has shown above, let it be known that the company sent out a mass email the beginning of November outlining our Holiday Office Hour Schedule for November 2015, December 2015, and January 2016; as well as the Holiday Office Hours were posted to the front door and in the drive through window areas as well (November 30, this was the day it was posted in those aforementioned areas) as a courtesy to all tenants Referencing the tenants ability to pay per their monetary obligations based on method of payments received on tenant's behalf has no bearing on Hattaway Properties changing its policies to accommodate the way the tenant is able to payThe lease signed with the tenant clearly states in paragraph 5: RENT in Paragraphs A-E how much, method of payment, when payment is due, and where payment is to be paid etcThe lease also states in paragraph 6: LATE CHARGES in Paragraphs A-B when rent has a grace period, when rent is considered late, and late fee charges etc (These pages have been attached to this response.) To also, touch on the tenants statement "I was told I could have submitted it through the drop box, in which I pose this questionIf knew the drop box was open and I dropped it off on Saturday 1/2/or Sunday 1/3/for the business to receive it Monday morning 1/4/from the drop boxWhy would bringing it in early morning 1/4/have made the difference enough to justify a late charge?" : .) : referencing previous drop box closure, this was months ago and merely for a few days to rebuild a newer version of the drop boxA picture of the drop box is attached as well As mentioned earlier there are other ways payment can be accepted and although the office was not physically opened to the public, there are office staff members assigned to check the drop box throughout the time frame the office is closed to remove any payments collected to account for those payments not received in a timely mannerSo had the tenant put the payment in such drop box over the dates mentioned prior to the 4th the tenant would have not been charged any late fees per the lease agreementHattaway Properties cannot pick and choose whom to charge late fees to as this is a form of discrimination, it is the same policy for every tenantWe do appreciate your timely method of payment in the past and all your service to our country; although you have not had an issue with previous payment history we cannot simply just waive the fee or offer a creditWhat is good for one tenant is good for all regardless of the situation the tenant may find themselves inShould you have any further questions, please feel free to contact our office directly

Our previous response was in accordance to the verbiage in the lease and this is what we have to adhere toWe are unable to make any exceptions

Complaint: *** I am rejecting this response because: From my experience as a business major, I would like for those who may be reading this to refer to Texas "FINANCE CODE TITLE REGULATION OF INTEREST, LOANS, AND FINANCED TRANSACTIONS SUBTITLE AINTEREST CHAPTER MISCELLANEOUS PROVISIONS RELATING TO INTEREST" under "Sec339.001." In which it reads "IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD(a) In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment(b) This section does not apply to: (1) a state agency, county, local governmental entity, or other governmental entity that accepts a credit card for the payment of fees, taxes, or other charges; or (2) a private school that accepts a credit card for the payment of fees or other charges, as provided by Section 111.002, Business & Commerce Code(c) The consumer credit commissioner has exclusive jurisdiction to enforce this section(d) The Finance Commission of Texas may adopt rules relating to this sectionRules adopted pursuant to this section shall be consistent with federal laws and regulations governing credit card transactions described by this section(e) This section does not create a cause of action against an individual for violation of this section." The full law in regards to this can be found here”http://www.statutes.legis.state.tx.us/Docs/FI/htm/FI.339.htm"This business imposes up to 10% fees for using their credit cards/debit card terminals which in my interpenetration of the Texas law is illegalIn this instance they have charged me a USD surcharge for a USD late payment to make use of the credit terminalsHowever, since it is simply my interpretation I will promptly file a complaint with Texas Office of Consumer Credit Commissioner in which they can determine if they are in violation or notUntil that time I am in protest of using this method of payment Furthermore, I am in protest of using the drop box (unless as a last resort) as it does not provide a prompt receipt of payment for a large amount of capitalIn fact, any instance in which I have been forced to use the drop box I have never received a paper receipt, rather a verbal indication over the phone that it was paid after calling inThis is unacceptable as this causes me to place a lot of trust into the company’s security and employeesThere is many "what ifs" that could place my living condition in danger due to this trust and improper business practiceThe number as mentioned, was known to me as the emergency number not a rent collection numberI did run into this same instance before and it took over a day to receive a reply in which meanwhile I managed to turn the payment in before the grace period endedRegardless, this business has not publicly offered a reasonable method of payment that can be made when the business is closed during collection timesAgain, in this instance I was still unaware of the drop box being available but I still hold my reservations on this methodIn the past I have offered to send in a check postdated for the second via registered mail in which I was told this was unacceptableThis will ensure the funds are available for withdrawal, the business gets paid and time, and I get a receipt of acceptance from the post officeThe bank itself will give me a receipt proving the check was cashed by the correct entityAs far as I am concerned this business has not purposed any other reasonable payment methods for when I run into this circumstance againRather, they have only solved part of it by offering a method of communicationsI believe that if I do in fact call them I will have to face paying over the phone it which they will impose their absurd credit card feesYes, I do know there is a binding contract but at the same time, the business has not given reasonable measures of payment it which I can receive a prompt receiptFor which I believe they have an obligation to do soBest regards, *** ***

Tell us why hereTo address the statement in regards to the complaint referencing the account at *** *** *** ** *B our response is the following: The "For Rent" sign placed in the yard is in accordance to the lease referencing paragraph A - Advertising which gives us the authority to do so
during the term of the lease or any renewal periodReferencing pest control, Mantis Pest Control was contacted to address this after the tenants moved in and per the Hattaway Policies, Rules, Fees Addendum to the lease - this is covered within the first days of tenancy and the landlord is not responsible after that pointIt is also at the tenant's responsibility to pay any periodic, preventive, or additional extermination costs desired by the tenant per Paragraph A (9) of the leaseNext, in regards to the burglary of the property in which the back window was broken, this falls under tenant responsibility as well per the lease Paragraph D (2) Landlord will NOT pay for damage unless caused by Landlord's negligence: to doors, windows, and screensAs mentioned previously the right to place a "For Rent" sign is within proper guidelines in accordance to the leaseTenants are responsible for any costs associated with any damages to the property and it would be discriminatory on our part if we did adhere to the terms of the lease with every tenant in the same manner in accordance to the lease terms. Finally, the security deposit will be accounted for based on Paragraph of the lease.We have attached a copy of the lease and renewal for the tenants at this property for reference to the sections of the lease mentioned above

In response to the reply from the tenant please see below:1) Our mail server received no return email indicating that the message had bounced back from the intended recipient.  Hattaway Properties has no way to verify an email was not deleted from tenant's personal email prior to conducting the search. Again, this email was a courtesy to tenants in addition to the posted Holiday Hours at the business location.2) If there was a question that arose about the Holiday Business Hours and the drop box that is available to tenants 24 hours a day, a phone call could have been placed to the business owner, office manager, or even the after hours emergency line which are made available to all tenants. 3) As previously stated, there are other methods of payment available to all tenants if unable to make it to the office during scheduled office hours. In closing, the lease is a binding contract and explains the responsibility of payment and applicable late fees; both of which were discussed at length during the lease signing with the tenant.

In reference to the issues the tenant has shown above, let it be known that the company sent out a mass email the beginning of November 2015 outlining our Holiday Office Hour Schedule for November 2015, December 2015, and January 2016; as well as the Holiday Office Hours were posted to the...

front door and in the drive through window areas as well (November 30, 2015 this was the day it was posted in those aforementioned areas) as a courtesy to all tenants.  Referencing the tenants ability to pay per their monetary obligations based on method of payments received on tenant's behalf has no bearing on Hattaway Properties changing its policies to accommodate the way the tenant is able to pay. The lease signed with the tenant clearly states in paragraph 5: RENT in Paragraphs A-E how much, method of payment, when payment is due, and where payment is to be paid etc. The lease also states in paragraph 6: LATE CHARGES in Paragraphs A-B when rent has a grace period, when rent is considered late, and late fee charges etc.  (These pages have been attached to this response.)  To also, touch on the tenants statement "I was told I could have submitted it through the drop box, in which I pose this question. If knew the drop box was open and I dropped it off on Saturday 1/2/16 or Sunday 1/3/16 for the business to receive it Monday morning 1/4/16 from the drop box. Why would bringing it in early morning 1/4/16 have made the difference enough to justify a late charge?" : .) : referencing previous drop box closure, this was months ago and merely for a few days to rebuild a newer version of the drop box. A picture of the drop box is attached as well.  As mentioned earlier there are other ways payment can be accepted and although the office was not physically opened to the public, there are office staff members assigned to check the drop box throughout the time frame the office is closed to remove any payments collected to account for those payments not received in a timely manner. So had the tenant put the payment in such drop box over the dates mentioned prior to the 4th the tenant would have not been charged any late fees per the lease agreement. Hattaway Properties cannot pick and choose whom to charge late fees to as this is a form of discrimination, it is the same policy for every tenant. We do appreciate your timely method of payment in the past and all your service to our country; although you have not had an issue with previous payment history we cannot simply just waive the fee or offer a credit. What is good for one tenant is good for all regardless of the situation the tenant may find themselves in. Should you have any further questions, please feel free to contact our office directly.

Complaint: [redacted] I am rejecting this response because: attached is a search within the personal e-mail on their file that shows no such holiday hour’s email was not received. The last e-mail received was an e-mail alerting me to water the lawn during the summer to prevent cracks and to not worsen the already problematic housing structure (foundation). The rest are work orders that have been submitted to the business via e-mail. I do not feel that an e-mail is solely acceptable as a means to relay information about company hours, as there is no way to verify if each tenant had received it as we can see in this instance. A letter in the mail would have been more acceptable. Regardless, the window of opportunity to hand deliver the applicable rent was very small due to the holidays (half of a business day out of 6 consecutive days). I understand that personal within the business would like to have time off but as a business who collects rent within that time frame should have more options available to pay rent. There is people like me who are weary as it is about dropping off a large amount of capital inside of a drop box for long periods of time. Whenever I did, I would have to call in to verify each payment was collected in a timely manner as to prevent theft. As I mentioned prior, this is a form of miscommunication and I should not have to use my valuable time and resources to ensure I have the correct information about this business all the time. In the instance that the drop box was closed I would have to drive crossed the city several times to ensure prompt payment and to verify hours. This is not an issue of discrimination, rather it is an issue of poor communications and lack of contingency plans in place to ensure proper payments. I will not communicate verbally about this issue as it should be made public to those tenants who may have faced this same issue now or in the future. Best regards, [redacted]

Our previous response was in accordance to the verbiage in the lease and this is what we have to adhere to. We are unable to make any exceptions.

Complaint: [redacted]
I am rejecting this response because: regardless of what the lease said I was uncomfortable with the traffic that the sign brought to my home. Had it not been there I doubt we would've had a breakin. I never was refunded any money on what I spent to get rid of the roaches upon moving in and I also had to spend money cleaning the home. I feel the break in was a result of the sign and considering I alerted them of the bad traffic I just feel it's fair an exception is made. 
Regards,
[redacted]