Denver Property Management

Initial Business Response /* (1000, 5, 2015/06/01) */
Ms***'s complaint is pure conjure and speculationMost of what she says has no merit and is based on hearsay from anonymous sources, suspected to be a disgruntled former employee, neighbors who have never had contact with DPM, and an
adversarial customer of hers: the tenantAll of these sources are inherently suspectThere is no relationship between the plumber and anyone at DPMMs***'s statements are and defamatory in direct violation of her contract with DPM and result in a contractual damages

Initial Business Response /* (1000, 9, 2015/08/14) */
The complainant was not our customer*** was the customerApparently, *** is the wife of the complainant
The allegation is that DPM did not put forth reasonable efforts to collect1st, collections are not a part of our service
agreementWe receive rentsIf collections are needed, the clients are advised to seek legal counsel and reduce the debt to a judgment debtWe do not do that for themIf we categorize the complaint as failing to seek payment from the tenants for rent, we have the following response
The tenant profile notes state: "Tenant *** just called today 1/26/and lost his job and is movingHe is trying to get out asapHe's lived here yearsHe can't pay feb rent." The tenant called in response to several attempts by our staff to seek paymentOnce we were told he was not going to pay, the owners were advised to seek legal counsel to enforce the contract furtherDPM continued to email the tenant requesting paymentThe tenant moved out and a new tenant moved in
February 25th, the new tenant was advised that the chickens would not be allowed by the HOAThe tenant was sent an email requesting payment of rentA follow up email was sent on March 4th, reminding her that late fees will be assessedThe tenant paid with a credit card on March 9th in response to that emailThe same pattern continued with reminder and delayed payment through MayIn May, the tenant was emailed April 28th by our system reminding her of the rent dueMay 4th a notice of delinquency was sentMay we sent the tenant a text message regarding the balanceOn May 12th, the owners were notified to seek legal counsel to consider evictionOn May 15th we followed up by sending the tenant a bar code for paying with cash, a list of non-profits that could pay rent for the tenant and another request to pay onlineA second text message was sent reminding the tenant to pay on May 15th, reminding the tenant that business banking hours could complicate things if she doesn't pay quickly, since the weekend was coming upThe owner hired counsel and started evictionOn May 22nd, the tenant wrote explaining that they wanted to pay but were confused about how much was dueOn May 23rd, we contacted the complainant to clarify what was owedThey stated that they would stop the eviction if the tenant paid $We sent someone to the property to pick up cash that same dayMay 25th the inspector requested a cite visit"Hi *** I'm the inspector for DPMI need to do an inspection there 6/at 9:30amPlease let me know you got thisThanks! *** DPM XXX-XXX-XXXX ext *** We followed up on May 28th by attempting to set the tenant up on a payment planOn May 29th, after scheduling the inspection for June 1st instead of June 3rd, the owner called and cancelled the inspectionOn June 3rd, the inspector got a hold of the tenant regarding the cancelled inspection and reminded the tenant about payment for JuneInstead, the property was rekeyedThe tenant did not pay anything further and stopped communicating with usThe owner gave us notice of termination promptly thereafter
For not being obligated to do collections, the owner certainly received a lot of service seeking to encourage the tenant to payThe pre-termination fee is absolutely *appropriateWe do not guarantee tenant paymentsHowever, if the owner had not pre-terminated our service, we would likely have re-rented the property without a charge
While I am sorry to hear that the owners had bad tenants in a row, it should be noted that the owners were kept in the loop with every decision and were properly advised to seek outside collection services, which they did by hiring legal counsel to perform that function for them
The management contract can be found here: ***
Initial Consumer Rebuttal /* (3000, 11, 2015/08/19) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Let me be crystal clear here and please do not derail the conversation - I am NOT talking about *** or 'debt collection services'I AM talking about your responsibility as our then property management firm to receive the rent on our behalf - that is what we hired you to do
You did not notify the tenants or otherwise posted the amount due for the month of April, thus the tenants could not and did not pay at all for the month of AprilTherefore you were in breach of the contract with usThe contract that we signed with your firm that *** provided to us (see in the attached supporting documentation) states on page 5: " MANAGER will make reasonable effort to collect rent when and as it becomes due."
This mistake that you made was discovered by my on May 12th, after going through my monthly ledger
The tenants were not able to pay April's rent in April because you failed to reflect it in the April's ledger and *** only fixed this in mid May after I pointed this out to her
I hope this clarifies the essence of my complaint
Attached please see the following documents:
Email1.png - My email dated May 12, 2015, to your company representative, *** ** asking where the April rent is
Email2.png - My email dated May13, 2015, to your company representative, *** ** following up on my phone conversation with her, where she did indicate that April rent was overlooked by your firm and was never reflected in the tenants' ledger
TenantSMS1.png/ TenantSMS2.png/ TenantSMS3.png - Communications from the tenant dated May 23, Note TenantSMS3.png file, which states that your portal showed they did not owe anything
ContractWeSigned.pdf - Terms and Conditions of your services provided to us by your firm's representative, Bridgette, at the time of our contract executionThe original of this document is saved on our computer and has a date stamp of 12/on it
Final Business Response /* (4000, 13, 2015/08/20) */
Thank you for the details of the concernIt helped me understand what the issue is
With an open mind, I researched the history to see if there was in fact an error as alleged
I found that the tenants were charged correctly and automatically by our system on 4/1/They were notified of the amount due correctly and automaticallyThe pre-paid balances were applied correctly and automaticallyThe regular payments were applied automatically and correctlyEach payment was applied in priority to deposits, maintenance and lastly to rent as described in the management agreementDenver Property Management has full authority to apply receipts as we deem priority (See paragraph E of the Management Agreement)*** as a courtesy to the owner complainant, re-applied the receipt to pay April rentThere were no errorsThere was no failure of dutyAttached is a screenshot of the history with regard to the April rent charge and the re-applied receipts showing that it was properly charged and then credited
It should be noted that it is a breach of the contract to use Revdex.com before exhausting contractual dispute resolution methods (See "Copyright, Confidentiality and Non-disparagement" paragraph as well as "Venue" Paragraph)It is likewise a breach of the contract to discuss at all the dealings of DPM with the tenant as shown in the text message history between the owner and the tenant(See Paragraph N of the Management Agreement Complainant attached.) Both are further evidence of why the pre-termination fee is warranted
Final Consumer Response /* (4200, 16, 2015/08/26) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Hello,
Please review the documentation I provided that clearly shows no rent of $was posted for AprilAlso please see the documentation from your employee admitting to the mistake in mid-May after I discovered itYou clearly have seen the information from the tenant, stating that there was no April rent due on your website
Additional documentation included:
1.Email_correctLedger.png - email from your firm's representative stating that she is sending the correct ledgerThe correction is for month of April, the date of the email is May,
*** - the original ledger sent to me on May, that does not show $due for month of April
*** - corrected ledger that was attached to the email from *** This mistake was discovered by me, please see the next email screenshot below
Email1.png - email where I am asking the
property management firm about missing April rent, after review of our May statementAfter this, I had a phone conversation with the firm's representative and explained to them that the amount was missing
Regarding communicating with the tenant, documentation (text messages that I provided) states that I am referring them back to your office for the exact reasons of not breaching the contract and not engaging in any discussions with them, note that they reached out to meSo there is no breach
Regarding contacting Revdex.com, I am exercising my basic consumer rights - #right to be heard and #right to redress or remedyTime of arbitration will come should this not be resolved via Revdex.com

Initial Business Response /* (1000, 16, 2015/09/11) */
NOTICE WAS SENT TO THE TENANT THAT TENANT'S RENTAL SECURITY DEPOSIT WAS TRANSFERRED TO THE INDICATED PARTY, PURSUANT TO C.R.SARTICLE 12, 38-12-(4) (a); and that NOTICE WAS INTENDED TO PROVIDE BENEFIT TO MANAGER AS SET FORTH UNDER
38-12-(5)
38-12-(a) states:
Upon cessation of his interest in the dwelling unit, whether by sale, assignment, death, appointment of a receiver, or otherwise, the person in possession of the security deposit, including but not limited to the landlord, his agent, or his executor, shall, within a reasonable time:
(a) Transfer the funds, or any remainder after lawful deductions under subsection (1) of this section, to the landlord's successor in interest and notify the tenant by mail of such transfer and of the transferee's name and address;
This statutes reads: "Upon compliance with subsection (4) of this section, the person in possession of the security deposit shall be relieved of further liability."
By sending the notices to the tenant DPM was discharged of any liability for accounting or holding the deposit effective upon transfer of the depositSince the deposit was transferred to the premises owner upon sending the notice, the liability was discharged effective upon sending the notice
The complainant was not a client of DPM but rather a customer of the premises owner, with DPM acting as an agentDPM is not vicariously liable for the premises owner's actions or inactionsBy statute, there is no further duty of the agent to correspond with nor account for the tenant's deposit after notice is sent to the tenant of the transfer
The tenant received an itemized deposit accounting as set forth in the statutes within the day contractual limit from DPM as agent for the Owner, therefore satisfying the owner's obligation to the tenantsThe tenant rightfully disputed the accounting within the allotted time frame for doing soAfter the days, the tenant asked for a duplicate of the original letter which did itemize, as the tenant's complaint suggests, the expenses in sufficient detail to allow them to appealAfter the appeal was submitted to DPM, adjustments were made to the tenant's accounting through DPMs software, however, since DPM was and remains not in possession of the deposit funds, it can not refund any of the moneyThe dispute was forwarded to the owner with recommendations for how to adjust the accounting and the tenant was advised of how to contact the owner to continue the dispute process directly
There is nothing further DPM can do, nor is it obligated to do anything furtherBy complying with the statutes, DPM was statutorily absolved of any further liability related to the deposit