E M Ellis Realty

The details of this matter are as follows: Complaint Involves: Customer Services Issues I would like to take the opportunity to explain the accusations from *** *** as falseI’ll state her problems by breaking them down one by one and then following up with an explanation with documentation
Customer’s Statement of the Problem: (copied straight from complaint) My main complaint is is the owner, *** *** does not hire licensed professional to address issues with the home, she keep everything within her family businessFor example, we had several issues with the AC since we moved in not cooling the second floorThe first two times she sent a licensed AC company to correct the issue (coil had frozen and caused brown leakage outside the house, staining the home)Per the licensed tech he stated that *** *** did not want to replace the unit based on the owners requestAfter that, several other calls were made to *** *** that the AC was still not cooling*** *** then sent a AC representative from her business to check the thermostat of our homeThis young kid had no idea what he was doing, he was checking the air flow with his handsHe had a thermometer gun that he aimed at the walls for a readingHe told us he had no training from *** *** on AC repairHe instructed us to close the vents in all the upstairs bedrooms to make the rooms cooler E M Ellis Realty: E M Ellis Realty and/or *** *** does not own the property at *** *** ***The property is owned by the Landlord, *** *** *** hired our company E M Ellis Realty to manage his property*** *** is the Leasing Manager for the Landlord, *** ***. Please find the attached documents; copy of the lease and the first and second annual walk throughsThe walk throughs are detailed reports of the house that is currently rented by *** *** and *** ***The house is also currently listed for saleThey signed the lease for *** *** *** on 2/27/for one year and moved in on March 1, Their lease will expire on 2/28/On 3/6/the tenant placed a work order request for a/c not coolingIt was determined the outside condensing unit needed to be replaced*** *** received estimates on replacing the outside condensing unit and decided to hire *** *** *** to install a new condenser unitThe outside unit was installed on 3/14/On 04/11/the a/c coils inside the home froze due to being very dirtyM* ** *** *** was called outIt was recommended that new coils be installed but *** *** declined to do soHe asked that the coils be cleaned instead so the coils were cleanedPlease note that *** ***, Property Manager does not own *** *** ***She does not have expertise in A/C nor does she train anyone on repairing any A/C servicesShe did not send a young kid to check the air flowThe property manager received a call from the tenant wanting the coils to be replacedThe property manager told her that the owner had declined the installation of new coilsThe tenant was very upset and stated, “You just do not want the coils replaced” and hung up the phonePlease note that this is not the property manager’s home and she can’t override decisions the owner makes on his homeThe inside coils were pulled, cleaned, and reinstalled instead of being replacedOn 6/30/the tenant placed a work order for the a/c not cooling properly upstairsThe temperature outside on that day was degreesThe property manager received several calls from the a/c company’s technician who was at the property stating there was no one homeHe had an appointment scheduled with the tenantsWe also received calls from the tenant stating she was waiting for a/c company and no one showed upWe believe there was a miscommunication between a/c company and the tenantE M Ellis Realty and/or the property manager does not make any appointments with the repair techniciansIt is up to the tenant to make the appointmentsOur records show this work order closed and was paid on 7/27/The a/c company made the appointment with the tenant and the vents were adjusted to get better air flow upstairsThe invoice states, “Found A/C online and cycling properlyFound back bedroom area poor airflow due to poor duct designUnit is now online.” Customer’s Statement of the Problem: (copied straight from complaint) *** *** did the first year walk through and was not in our home for more than minutes and left in E M Ellis Realty: This statement is not true*** *** did the annual walk throughThe report states that the disposal was not working and no a/c filter was in the air conditioner as the picture showsTenant was to install a new filter and a handyman was sent out on 3/28/to repair disposalPlease see documentation of the annual walk through that was signed by the tenant, *** *** on 3/27/ Customer’s Statement of the Problem: (copied straight from complaint) This year she sent another employee and she did an entire walk through and completed on how beautiful our home wasShe did take pictures of the foundation cracks as well as the outside of the house where the AC had leaked E M Ellis Realty: E M Ellis Realty has a policy to conduct a walk through annually on or before lease renewalThe agent collects a paid receipt for carpet cleaning from the tenantPictures are takenA copy of the report with pictures are then sent to the property owners to reviewThe walk through was done on 1/24/ Customer’s Statement of the Problem: (copied straight from complaint) Then a few days later we received a NON-Renewal to lease and stated we had to move by 2/28/based on the fact that we did not report the foundation issues and stain to outside of the homeMy husband called and told her she knew already knew of the foundation issues when we first moved in (they even patched up the cracks) also told her that she knew over a year ago about the AC leakageShe said that she told the owner that we never notified her of thatThat is incorrect because I have the work order stating the issues E M Ellis Realty: This statement is not true*** ***’s decision to sell his house had nothing to do with the tenant, the foundation, or the air conditionerThe property owner wanted to sell his house in but for whatever reason was not able to sell it at that timeHe decided to sell his house this year. He has that right as a home ownerThe lease states on paragraph (a) Landlord or tenant can provide 30-day notice of termination before the expiration date, which is what the Landlord, *** *** didThe tenant’s lease expires on 2/28/and notice was given on 1/25/It is E M Ellis Realty’s responsibility as Property and Leasing Manager to send a notice of non-renewal to the tenant on behalf of the Landlord, *** ***This does not mean that E M Ellis Realty or the property manager made the decision to terminate the leaseThe owner and landlord, *** *** made the decision to not renew/terminate the lease because he wants to sell the propertyThe landlord, *** *** was disappointed in the lack of maintenance on the property after reviewing the annual reportThere was a water stain on the garage ceiling and one on the bathroom ceiling with mold or mildew in bathroomHe asked the property manager to send someone to the property to investigate the water stains and service the air-conditioner before placing the property for saleOn 1/25/tenant *** *** called the property manager demanding why his lease was not being renewedThe property manager told the tenant that the owner made the decision to sell the houseThe property manager did mention to the tenant that the owner requested to send someone to the property to do some repairs and to get the a/c serviced before placing the property for saleThe property manager asked the tenant about the water stain in the garage and in the bathroom and about the stained glass in the kitchenThe tenant yelled at the property manager that she already knew about the stain on the kitchen window that was caused by the a/c leak a year ago and the a/c was working nowHe said nothing about the water stain in the garage or bathroom ceilingsThe property manager did not argue with him, but simply told him that it was alright, the owner still wants the repairs done and the a/c serviced before placing on the market for saleThe tenant told the property manager not to send anyone out until they moved out on 2/28/The property manager told the tenant this was a direct violation of the leaseThe tenant then yelled, “do not talk and you listen, there is nothing wrong with the air conditioner, and do not send anyone out.” He then hung up the phoneThe tenants are clearly upset that the owner is not renewing their lease, but it has nothing to do with the property manager, and there is no reason to take it out on her Customer’s Statement of the Problem: (copied straight from complaint) *** *** is difficult to speak with as well unprofessionalWhen speaking with her, she asks "what did you do to the home"She has yelled at me on the phone which is uncalled for E M Ellis Realty: *** *** is always very professional and polite to all her clients and customers whether they are the landlords, tenants, buyers, sellers, or other agentsEveryone that knows her knows she does not yell or raise her voice everTenants get upset when she reminds them of their signed lease obligationsWhen they curse at her, she simply very calmly states that “I will not listen to this kind of talk; this conversation is over” and hangs up the phone*** ***, the property manager texted the tenant, *** after *** canceled a showing to view the propertyThe text reminded the tenant that the tenant is responsible for paying a cancellation fee of $every time they cancel a showing while the house is for sale, as outline on the lease paragraph 14(c)*** called the property manager on the phone after receiving the text yelling and cursing at her, stating they will not pay any cancellation fees because the time the Realtor wanted to show the property was not a convenient time for herTo this date 2/27/the tenants have cancelled all showings of the propertyThis is a direct violation of the leaseThey are preventing the owner from showing the property to potential buyers which is preventing him from selling his propertyThere were no discussions with *** about repairs to the house after the walk throughDiscussions were only about canceling the showingsThe conversation about doing repairs and servicing the a/c were only held with *** *** ***
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*** *** *** Desired Settlement: I want other consumers to be aware of the unprofessional given by this companyThey don't care about the actual owners of the homesI want them to use professional and overall Licensed companys when addressing issues with any home E M Ellis Realty: Although it’s desired that the tenants are happy in their next home, it’s hopeful that the tenants understand that decisions are not made by the property managers, they are made by the home owners, their landlordsThe complaint is not a fair complaint placed by the tenants therefore it’s desired for the complaint to be removed after the explanations with the backdocumentations are viewed

*** *** *** signed a lease for Ville Serene on 10/16/and has since renewed it annually; the current lease is scheduled to expire 10/31/On 05/28/*** *** turned his day early termination notice to vacate along with his military discharge orders, the papers were dated
01/27/and have and effective discharge date of 03/31/The day notice to terminate the lease provided on 05/28/states *** *** intended to vacate the residence by 06/30/due to receiving military orders and was qualified to cancel it under SCRAPlease note as the property manager for this residence the notice to vacate was presented to * * *** ***; however, as a property manager the decision to approve or decline this request resides with the actual owner of the property (*** and *** ***)*** *** contacted * * *** *** on 05/29/to check and see if we had received his request to vacate and was notified at that time we did receive the notice and it will be provided to the property owners as we are unable to make decisions on behalf of themHe was advised * * *** *** will be contacting *** and *** ***, relay the request received by him, will receive a response from ***/*** *** as to if they will allow him out of the lease early, and provide his answer back to himAn email response was received on 06/01/from *** *** and forwarded to *** *** advising he will not be letting *** *** out of the lease early as *** *** did not believe *** *** qualified to end the lease early under SCRA as *** *** purchased a home on 05/26/2017, turned in the day notice on 05/28/2017, and as March 31, *** *** was no longer in the military therefore his reason of requesting the lease to be terminated early due to receiving military orders was not a valid reason as he was a civilian as of the date the request to terminate was received*** *** responded to * * *** *** stating we are violating the SCRA laws and he would be following up with *** for legal representationAs property manager, this response was then forwarded to the property owners ***/*** *** who stated they would also be following up with *** as they are a military family as well** *** *** did the same and discovered from the *** *** *** *** attorneys and *** *** *** ** *** counsel that in fact *** *** did not qualify for early terminationThe landlord *** *** was also advised of this from *** and *** stated they would represent them in enforcing the leaseAfter speaking with *** *** on 06/10/he decided that he would like to go ahead and sell his propertyFrom a realtor point a "For Sale" sign and a lockbox need to be placed on the property/home to ensure the public knows the home is for sale and to allow other real estate agents access to the keys in order to show the home to potential buyers*** *** refused to allow either a lock box or sign on the property until a decision was reached between him and the landlord/owner regarding the early termination of lease agreement.In *** ***'s complaint to the Revdex.com he states he was harassed and side deals were attempted to be madePlease note all conversation completed with either the tenant or the landlord were not verbal; however, were all sent in email or thru our real estate platform (instant messaging)There was not an excessive amount of communication; however, any emails or instant messages received from either the landlord or the tenant had to be either forwarded to the other party or responded to and are all documentedThe "side deal" complaint *** *** is referring to is in fact not any sort of side deal; however, it was referring to a copy of page of the Texas Association of Realtors Lease agreement he signed on October 16, that was being emailed to himThis has also been attached for your referenceAfter *** *** declined to allow the lockbox or for sale sign to be placed on the property * * *** *** emailed him page of the Texas Association of Realtors Lease agreement which references paragraph (D) that states (1) "tenant will allow a lockbox and sign to be placed on the property the last days of the lease and (2) if tenant wished to withdraw Tenant's authorization to place a lockbox tenant can pay one month's rent in advance(3) any denied or unable to access property landlord could charge a $trip charge." *** disagreed at that time to follow the lease as outlined in paragraph (D), as he felt it did not apply to himOn 06/15/*** *** allowed a for sale sign to be placed on the property; however, advised if a lockbox was to be placed at the home he would file trespassing charges*** *** advised he has a home alarm system set up and did not feel comfortable in providing his home alarm code publically which is understandableA request was made to *** *** asking if he can set up a separate code for the realtors that way we will be able to show the home, this request was declined by *** ***Please note all requests for the home to be showed to potential buyers is placed thru Centralized Showing Service which is a neutral third party company whose purpose is to coordinate with the sellers and the buyers for a time in which the home can be showed to potential buyersSeeing as how a lockbox was declined to be put on the property and there was not access to enter the home as an alarm code would not be provided to the realtors we requested specific times in which *** *** would be home that we could schedule showings of the home to potential buyers, there was never a response to the email request therefore * * *** *** requested Centralized Showing Services to give a 2-hour notice before all showingsWe have been notified by Centralized Showing Services to date *** *** had declined showings of the property and rescheduled one of the showing that eventually was set upOn 06/20/*** *** requested an email be forwarded to *** *** asking him to allow * * *** *** to put a lockbox on the property because of the missed appointmentsHe also stated if a response was not receive within the next days they were going to enforce paragraph (D) of the leaseAn offer for the property was received and accepted on 06/21/effectively taking the home off of the market; however, all communication was within limits as conversations had to be had and is not harassmentDesired Settlement: As a property manager, ultimately the approval or decline of any early termination request does not lay with * * *** ***; however, is the property owners decisionThat being said it is within my opinion if the tenant had received discharge papers 01/27/and notified the property owner at that time he was intending to purchase a home in the near future instead of waiting until he already purchased a home to provide a day early termination notice this may have been easier to rectify*** *** can rest assured as a professional property management company all final walk-thru are fair and nondiscriminatory* * *** *** took picture of the property during the move in walk-thru and at the final walk-thru pictures will be taken again therefore everything is documented and there is a point to reference*** *** is welcome to be present for the final walk-thruThe property owner is concerned about the condition of the property based on feedback provided from Realtors that showed the propertyPer lease agreement final walk through will be done on the last day of the month when keys, receipt for carpet cleaning, pet extermination receipt, and forwarding address is turned in, up until that day the tenant is responsible for the propertyAttached is a security deposit addendum *** *** signed agreeing to abide by the rulesRespectfully,*** ***
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Complaint: [redacted]
I am rejecting this response because [redacted]'s response is littered with half-truth’s, past history of scamming renters out of their security deposits (based on Google Reviews), and outright lies, by [redacted] response deeply saddens me and enhances my concerns on the fairness of their practices. As previously stated to [redacted] none of this was personal, unfortunately the over zealousness of [redacted] Realty because in their own words they “believed” I was not covered under SCRA and learned that I was indeed covered, has caused unnecessary scamming tactics towards my family.
In response to [redacted]’s claims, below is a list of facts that highlights the habitual lies and scamming tactics **ployed by [redacted] Realty:
1) The first blatant lie represented by [redacted] in her response is her stat**ent that [redacted] stated they would represent the [redacted]’s in this matter. This is a blatant and unnecessary lie as anyone affiliated with the military clearly knows that [redacted] cannot represent you in a civil court without 3-Star level approval. They can provide consultation (advice) but can only represent you in [redacted] matters. Per AFI 51- 301 paragraph 1.1.5. “ No person on active duty with the Air Force, or **ployed in a civilian or reserve capacity by the Air Force, may appear or represent any individual, corporation, association, or other outside entity as their [redacted] or counsel in a civil judicial or administrative action (foreign or domestic) without the written permission of T[redacted] or TJAG's designee.” This is something that can be fact checked why [redacted] would elect to lie is beyond comprehension.
2) The second blatant lie [redacted] tells in her response is that “I was not covered under the SCRA.” She references the [redacted] believe I was not covered under SCRA but provides no additional legal reference to substantiate her belief other than her “opinon”. This is even after I provided her information on the [redacted] ruling in a case where [redacted] had the same “opinion” that Separation orders were not covered under SCRA. In this case the US District Court found [redacted] in violation of § 535(a)(1) of the Servic[redacted]bers Civil Relief Act (SCRA) for denying for military m**bers early termination with separation orders. The US Justice Department issued a press release following its settl**ent with **pirian Property Manag**ent. In this release, the Assistant U.S. [redacted] for the [redacted], [redacted], stated, “This settl**ent sends a strong message that the rights of our service personnel will be protected. No service man or woman engaged in protecting all of us from harm should suffer financial damage from landlords who seek to thwart the protection our laws afford our service personnel.” Furthermore I even provided [redacted] the reference to the Joint Travel Regulations where “separation” is explicitly defined as a form of PCS. I finally even provided her the exact verbiage with explanation from the SCRA which states “The lessee on a lease described in subsection (b) may, at the lessee’s option, terminate the lease at any time after:; (B) the date of the lessee’s military orders described in paragraph (1)(B) or (2)(B) of subsection (b), as the case may be. Subsection B states, (B) the servic[redacted]ber, while in military service, executes the lease and thereafter receives military orders for a permanent change of station. I was active duty military when I executed the lease and per the SCRA “anytime after” means anytime after 1/27/2017. This is just an initial display of the over zealousness and scamming techniques of [redacted] Realty to scare my family into staying in a lease. You’ll notice that [redacted] even att**pts to add irrelevant information based on some underhanded research concerning the purchase of a house which is totally irrelevant to adhering to the SCRA. Based on her actions afterwards, if she or the [redacted]’s had any legal ground to stand-on their energy would have been focused on that rather than the scamming tactics that followed my early termination notification.
3) The third concerning outright lie [redacted] states in her response is that I repeatedly denied th** the right to place a sign and lock box on the rental property. I can provide copies of the exact text messages where [redacted] states on 6/10/17, “I will let the owner know you refuse to let the house be shown, even though they are trying to with you in getting someone in the property as soon as possible to release you of your liability to continue paying rent. I do not understand your reasoning.” Cautious of [redacted] tactics to intentionally place the implied word “refuse”, I replied on 6/10/17 “That is not what I said [redacted]. I am asking for confirmation that you will stop these bullying tactics and honor the law. I’m not asking for any favors just honor the law. Until I receive such confirmation I cannot confirm or acknowledge any side deals to relieve the owner of not having a tenant past 30 Jun.” Her insistence on stating I “refused” is just characteristic of the lack of integrity behind [redacted] Realty practices.
4) The fourth outright lie [redacted] states is that I disagreed at that time to follow the lease as outlined. On 6/19/17 I **ailed [redacted] (I can provide copies of this e-mail as well) first asking “what appointments have been missed” since none were missed I only rescheduled one, to which I received several harassing texts and e-mails from [redacted] all of which I ignored accept for one. You’ll notice that [redacted] conveniently did not address the harassing practice of having walkthroughs after 8pm, or giving a 10 minute notification followed by three thugs being sent to our house to pose as a realtor, this realtor did not provide any card or identification for himself upon request. Of course I received no response from [redacted] Realty with regards to the question of what appointments were missed. In that same **ail I requested of [redacted] “the same courtesy as was provided to the owners in allowing me a few days to have a [redacted] look over the contract to see if I was obligated to allow a lock box and give access to my security code (which was d**anded by an e-mail from [redacted] on 6/12/17). I received a scathing e-mail from [redacted] on 6/19/17 stating I was given 48 hours to respond or they would “ASSUME” refusal and att**pt to scam additional money from me. At this point my family had enough and just wanted to be through with the harassing tactics of [redacted] Realty so on 06/21/17 I informed [redacted] via e-mail that the arbitarary 48 hour suspense was not sufficient time to meet with a [redacted] and we have agreed to just let [redacted] Realty place a lockbox on the house. We were able to have ADT disable our personal security account.
All of these harassing and scamming tactics coupled with the many reviews online by previous tenants that references [redacted] tactics to keep tenants security deposits led me to send an e-mail on 6/29/17 requesting a joint walkthrough where we could identify all defects that would be deducted from my security deposit. I mentioned that I would like to have representatives from base housing present to monitor [redacted] Realty’s tactics. [redacted] replied on 6/29/17 first stating that she would merely be taking pictures and sending th** to the owner between 4-5pm and I was welcomed to attend. She later replied requesting the name and number of exact personnel from [redacted] to which I replied if everything is above water than why does it matter, I’ll att**pt to get that information but in the mean time you can use [redacted] main number as a reference. [redacted] than stooped really low in a desperation scamming tactic by sending me a half written e-mail cluttered with spelling errors asking if I would be there because she felt treated (she meant threatened) by me and feared for her life and wanted to arrange for police to be present. I was appalled and insulted by such insinuation. After even showing the manager at Lackland Housing the e-mail that came out of nowhere, we agreed that her intentions were not well, and it was in everyone’s best interest for me to assume that as denial of a joint walkthrough and settle for taking pictures and videos of the house, which is what I did. I was so scared because I didn’t know [redacted]’s intentions that I even requested Bexar County Sheriff escort as I turned in my keys to ensure that May [redacted] was not plotting on doing harm to me and using the guise that she was scared for justification.
Finally [redacted] intentions to con my family out of our security deposit is solidified in her stat**ent the owners are concerned over the condition of the property based on feedback provided from Realtors. Taking all **otions out of a stressful situation, here are the facts on the condition of the house. For the past 4 years [redacted] has sent an inspector annually to review the house and did not identify any defects. The actual realtor who sold the house mentioned, the house looked, “really good.” Furthermore for the house to sale in less than a week on the market is a testament to the condition of the house any reasonable person could assume if there was major defects or damage beyond natural wear and tear over 4 years this house would have been on the market a lot longer.
I am appauled and disgusted by the low-class despicable tactics displayed by [redacted] Realty. The stress placed on my family for simply exercising our rights after 12 years of military service to our country has been inexcusable. My intentions is to ensure [redacted] cannot **ploy these tactics to cause undue stress/harm to any other family in general, especially our military families.