Evergreen Property Management, Inc.

Complaint: ***
I am rejecting this response because:
I need to see the copies of the invoices, work orders, bills and the actual charges first; it is also surprising to see that Mark is pretending he is the one he is ready to sacrifice by giving up non the existing paymentsThis clearly explains how disturbed he is and how his operation worksHe rip me off for one year and still trying to show that he is the victim, it make my stomach upset
Regards,
*** ***

Complaint: ***
I am rejecting this response because:I was unable to move in on the day (10/10/16) according to the contract because:The house had not had its pre-inspection and the amount charged to my account was not the amount in the contractIt was clear that the automatic bill pay controlled by Evergreen had no monitoringI never did get a reason why my account was charged more than the amount agreed upon in the contractI did have an employee sneer at me as she told me that I had paid the deposit twiceShe never explained how this could happenI made several attempts to contact Evergreen on my move in day to fix the overcharge and no one tried to call me back with a fixAll they needed to do was cut a check on my move in day to cover the overcharge and have someone do a pre-inspection and we could have proceeded with the move on the correct date with the correct amount of first months pro-rated rent.When I finally was contacted on 10/11/2016, the day after my move in date, someone finally confirmed that I had an overcharge on my account, By then the contract was now null and void.I e-mailed an employee that I would be willing to move in on the following Friday (10/14/2016) if there was an addendum to the original contract stating the new move in date with a new prorated amountI also stated that I would no longer pay with Evergreens direct deposit system because it was clearly deeply flawedI went to Evergreen on 10/14/to pick up the keys and to pay the new pro-rated amount on the new move in dayI handed them a check and then found out that the overcharge was still on my account and there was no way I could stop the paymentI also realized that Evergreen had not produced an addendum to the original contract so I had Evergreen give me back the check for the prorated amountEvergreen then threatened to make me pay all of the rent until they found a new tenantThat is when I realized I needed to contact a lawyerAn employee from Evergreen offered to find a new tenant because it was clear that it was not going to work for meThe contract that Evergreen broke on 10/10/was never fixed because they never produced an addendum to the original contract for a new move in date and pro-rated rent
Regards,
*** ***

As annoying as it was to receive to receive the notice of Mr ***’s
complaint yesterday, I suppose it should come as no surprise to me, as this is consistent with his continuous pattern of outlandish assertions and badgering emails.
We have provided Mr*** with a full and complete accounting of for all of his funds, including copies of work orders, invoices and pictures items that needed attention. We did not fabricate anything and there were no hidden charges.
His property was in poor condition, to say the least, when we took over the management. We did a minimum to make and maintain the property in a leasable condition. We requested and received permission for virtually all of the work that was performed with the possible exception of some health and safety items which are required under Colorado statutes regarding habitability and Fort Collins regulations. We have numerous emails that document this as well as numerous photographs. Below, I have inserted three photos of the yard when we took over to give you an idea of what Mr*** thought was acceptable
To me this is nothing more than another thinly veiled attempt to shake us down. We have provided Mr*** with the documentation he requested and we are not going to spend even more time doing this. If Mr*** wants to waste his time and money for his “up coming law suits” he is welcome to do so. He will also find that we will vigorously every cent that we spent and will raise issue of the fees that we were entitled to receive when he terminated our agreement
I owned and managed this business for years. I am a Certified Property Manager, a Certified Public Accountant, a licensed Colorado Real Estate Broker and I have no need to cheat people to make a living
Be sure to view the pictures below. If this were a college rental or bad neighborhood, you might think it was to be expectedBut this was nearly new home in an upscale neighborhood
Mark Massey, CPM CPA
President and CEO
Evergreen Property Management, Inc

Greetings:
This is written in response to the most recent notice for Complaint ID number *** This is the first of three emails I will be sending because the copies of the invoices that the complainant requested created too large a file to send through the Revdex.com website and through a single email
I should also mention that the work orders for Property Services Group, Inc., which is a division of our company, are used as invoices once the work was completed so as not to have to duplicate our efforts
These are the invoices that Mr*** said he needed to resolve this matter in his original complaint
Please route these to Damion or other appropriate party
Mark Massey, CPM CPA
President and CEO
Evergreen Property Management, Inc
Driftwood Drive, Suite A
Fort Collins, CO
970-226-
www.FtcRent.com

Mr*** states that our company “has an imaginary maintenance group “
As there is no request here, but just an accusation of impropriety, I can only state that we obviously have a maintenance divisionAnyone can look on our website and see the bio’s of our staff including maintenance techniciansIf Mr*** actually believes his own statement, he or any representative he may choose is welcome to come to
our office and observe for themselves that our maintenance department is very real
Mr*** also stated that we made up things to charge him for every month and that I “was really excited and indicated that we would not have any problem to rent the property at the top market value”.
I also told him from the very beginning that the property needed work. Again, as one example and as shown in the three pictures with my previous reply, when we took
the property over the lawn in the back yard was mostly dead and had dead weeds of which were almost two feet tall. This was not only a violation of City regulations but also the Homeowners Associations rules. Additionally, the landscaped areas between the house and the “lawn” mirrored similar neglect and disrepair and were far below acceptable standards for the neighborhood. In the same way, the interior of the property also had numerous problems and deficiencies I had assumed that once he was aware of the condition that the previous resident had left the property in, these things he would want to have them rectified
Instead, he eventually chose to just reduce the rent enough that someone would rent it more or less “as is”Since there is no request here and more defamatory remarks, all I can say is that at his request we did the bare minimum to rent his property and comply with health and safety issues.
Mr*** starts this latest complaint with:
“I had requested the copies of the receipts several times The documents he claims that he has provided are nothing but some excel sheets which are made by one of
office staffI really don’t think that Mark is fully aware of today’s technology and realize that how easy is to fabricate few excel sheets most importantly there is a significant difference between excel sheets and actual copies of the receiptsOr he cannot come out with proper documentations because there isn’t any and his whole business is somehow being run this way“
And then Mr*** concludes his latest complaint with:
“Until I have seen the actual copies of the receipts and the work orders I will never let this case to go away and I will execute my legal rights trough the last point. I will also start to leave some feedbacks on behalf of his way of running business so the other landlords as well as tenets realize that who they are dealing with.”
My response is that we invest in advanced technology systems so we can provide you with the best service and manage properties efficiently and effectivelyWe have chosen property management and accounting software called Appfolio Property Manager It integrates marketing, maintenance, accounting and the functioning of our website.
As a property manager and also a Certified Public Accountant, I spent a great deal of time researching the programs that were availableIf some of the reports look like excel spreadsheets to him I would venture to say that accounting reports in general look like excel spreadsheets
The only request that Mr. *** has made is that we provide him with copies of all of the invoices, work orders, etc My resistance to this has been that we have already provided these by mailing them to him. Additionally, once invoices have been paid they are bundled into monthly folders as opposed to being filed by propertyThis
makes the filing of them away more expeditious; however, it does mean that on rare occasions when we need to retrieve an invoice, it may take 10 or minutes to find just one invoiceEach month’s folder contains invoices for all of the properties we manage and there can be anywhere from to invoices in each month’s folder that we have to sift throughMr*** is requesting that we once again pull these out of our files, make copies and provide them to him again, and this will necessarily take a great deal of time to go through a year’s worth of invoices, that we have already sent to him. None the less, I do have a proposal
Let me start by saying that Mr*** notified us on January 17, that he was terminating our agreement immediately and on January instructed us to deliver everything from our office necessary for the management to A &K Properties, LLC We complied with this request promptly
However, the termination of the agreement was made prior to the end of its term, which was February 28, Section of our agreement states “If Owner terminates this Agreement before the end of the initial term or any renewal term Owner shall be obligated to pay Broker as liquidated damages an amount equal to fifty percent (50%) of the management fee earned by Broker, as determined under paragraph above, for the calendar month immediately preceding the month in which the notice is given to Broker or to Owner, multiplied by the number of months and/or portions thereof remaining from the termination date until the end of the initial term or renewal term in
which the termination occurred.”
This means that as there was one month remaining on the agreement (February, 2014) and the previous month management fee was $his termination notice should have been accompanied by a payment of $77.50 (50% of the December’s Management Fee of $155.00). I did not pursue this at the time because when I had indicated that we would cooperate fully with his request, the tenor of his communications immediately changed from antagonistic and offensive to a more cordial tone. I thought we were done
And frankly, I had grown quite weary of Mr. *** and I really didn't want to pursue anything with him further However, we apparently aren’t done
Therefore, my proposal is as followsI will have a member of our staff spend the time to once again retrieve the documents from our archives that we previously mailed to Mr*** and we will deliver copies to the Revdex.com and Mr*** electronically as pdf files In return, I would ask Mr*** pay the management
termination fee of $upon his receipt of the documents. If this is agreeable to Mr***, I will have these documents delivered within business days of the receipt of the notification through the Revdex.com of his acceptance of this proposal so that we may conclude our dealings with him
Sincerely,
Mark Massey, CPM CPA
President and CEO
Evergreen Property Management, Inc

The email from Sergio R*** prior to Noon, October 10th clearly states that the property is ready for move in and that he was working that day and we will do anything to facilitate her move in on this dayThe contract was not null and void; please see the email exchange prior to the start of Ms***s Lease on October 10th between Sergio R*** and Ms***. Emails state she can pick up keys from the office and that the property was ready for her to move in on October 10, 2016. The email exchange started on the morning of October 10th and continued in to the afternoon of October 10th. I do not believe there was an overcharge on Ms***’s ledger however Ms*** did make additional payments to her account from her bank account which created an ‘over payment’, please see the attached ledgerMs*** is under the impression that we take money from her bank account which is incorrect; residents who enter their online portal make payments in amounts that they choose. We do not have any input or authority over payments made from their bank accountsWhen Ms*** requested her original Lease be amended to show a move in of October 14th and the adjusted pro-rated amount we did this by amending and initialing the date and $ amount on the original Lease. We requested Ms*** initial the changes and she refused toWe did not threaten Ms*** we stated the facts that she had a fully executed lease with a move in date of October 10, 2016, the unit was ready for move in on this date and she declined to move in. We offered an amended date that suited Ms*** as she had previously requested a move in date of October 14th, 2016. On the new move in date she declined to move in and requested her check be returned, which we did. As per the terms of her Lease we offered her the option to sublease the property, when she verbally agreed to the sublease and gave permission for us to show the apartment We previously notified the Revdex.com that we would terminate her lease and any obligation thereunder as of October 31, Further, we have refunded Ms***s entire depositThe email thread from Sergio in our office attached as well as a copy of her ledger We held the property off the market for more than two weeks and delayed the occupancy date at her request Her email saying that she needed to move in later than the 1st of October is attached We made and agreement that was beneficial to her We held up our end of the agreement and it would be completely unfair to our client we represent to allow Ms*** to just unilaterally terminate the agreement because she apparently just changed her mind and didn't want to go through with the transactionI sincerely believe we have been more than fairMark M***

Complaint: ***
I had requested the copies of the receipts several times directly from Mark and each time he promised that he will disclose that information with me but never seen a single copy of the bills so farI need to see bills directly from actual service provider.There is a serious communication problem with this company as if nobody knowswhat is going onThe documents he claims that he has provided are nothing butsome excel sheets which are made by one of office staffI really don’t think thatMark is fully aware of today’s technology and realize that how easy is tofabricate few excel sheets most importantly there is a significant differencebetween excel sheets and actual copies of the receiptsOr he cannot come outwith proper documentations because there isn’t any and his whole business is somehow being run this way
This company has an imaginary maintenance group; nobody has seen even if they are really exist, it is ironic that this nonexist group claims work is being done without any work orders requested by neither tenet nor landlord The only time someone realize their existence will be the unrealistic charges in their Excel sheets
My house was built in and it was almost fully upgraded in When Mark first check out the property in order to advertise, he wasreally excited and indicated that we would not have any problem to rent theproperty at the top market valueThen he started to manipulate and come outwith nonsense excuses with the charges I have seen every month
Until I have seen the actual copies of the receipts and the work orders I will never let this case to go away and I will execute my legal rights trough the last point I will also start to leave some feedbacks on behalf of his way of running business so the other landlords as well as tenets realize that who they are dealing with
Regards,
*** ***

The email from Sergio R[redacted] prior to Noon,  October 10th 2016 clearly states that the property is ready for move in and that he was working that day and we will do anything to facilitate her move in on this day.The contract was not null and void; please see the email exchange prior to the start of Ms. [redacted]s Lease on October 10th between Sergio R[redacted] and Ms. [redacted].  Emails state she can pick up keys from the office and that the property was ready for her to move in on October 10, 2016.  The email exchange started on the morning of October 10th and continued in to the afternoon of October 10th.  I do not believe there was an overcharge on Ms. [redacted]’s ledger however Ms. [redacted] did make additional payments to her account from her bank account which created an ‘over payment’, please see the attached ledger.Ms. [redacted] is under the impression that we take money from her bank account which is incorrect; residents who enter their online portal make payments in amounts that they choose.  We do not have any input or authority over payments made from their bank accounts.When Ms. [redacted] requested her original Lease be amended to show a move in of October 14th and the adjusted pro-rated amount we did this by amending and initialing the date and $ amount on the original Lease.  We requested Ms. [redacted] initial the changes and she refused to.We did not threaten Ms. [redacted] we stated the facts that she had a fully executed lease with a move in date of October 10, 2016, the unit was ready for move in on this date and she declined to move in.  We offered an amended date that suited Ms. [redacted] as she had previously requested a move in date of October 14th, 2016.  On the new move in date she declined to move in and requested her check be returned, which we did.  As per the terms of her Lease we offered her the option to sublease the property, when she verbally agreed to the sublease and gave permission for us to show the apartment.  We previously notified the Revdex.com that we would terminate her lease and any obligation thereunder as of October 31, 2016.  Further, we have refunded Ms. [redacted]s entire deposit.The email thread from Sergio in our office attached as well as a copy of her ledger.  We held the property off the market for more than two weeks and delayed the occupancy date at her request.  Her email saying that she needed to move in later than the 1st of October is attached.  We made and agreement that was beneficial to her.  We held up our end of the agreement and it would be completely unfair to our client we represent  to allow Ms. [redacted] to just unilaterally terminate the agreement because she apparently just changed her mind and didn't want to go through with the transaction.I sincerely believe we have been more than fair.Mark M[redacted]

The residents of this apartment in which [redacted] resides turned in their move-in check sheet late July.  The maintenance coordinator made many attempts to contact [redacted].  Per [redacted]s request we were to contact him and not the female residents.  After several attempts to...

contact [redacted] (messages left  and unanswered) we did contact one of the other residents who said that [redacted]s phone had not been working.  We scheduled an appointment to check out all of their maintenance needs August 29, 2014 at which time we found that their a/c unit was not working and was not repairable.   
The manufacturers of “through- the-wall” types of air conditioning unit have seasonal runs for the anticipated demands they will have during the summer months.  By design, vendors (such as [redacted]) only purchase enough inventory to meet the anticipated demand so that they won’t have inventory they can’t sell.  Further, towards the end of August, most of any remaining inventory is put on sale at prices that cause them to sell quickly.
Therefore, as it was the end of summer and despite an extensive search, we could not find a replacement unit that would fit the aperture in the wall and also have the same cooling capacity as the air conditioning unit that was in the apartment.  Therefore, we had no choice but hold off and install a new one in Spring 2015 when the more units would be manufactured.  This
is a common problem for this type of a/c unit. 
At the same time, I think that [redacted] needs to take some responsibility for this problem in that his phone was apparently not working.  Ironically, we have just tried to call him the other day and left a voice message to call us and he has not responded.  How are we supposed to address any maintenance issues he has if he does not respond to our calls or his phone is not working?
Further, other than the a/c unit, we have addressed every maintenance concern he has raised.  Therefore, to say that we need to give him $200 off of his rent every month is more than
excessive, especially since we made a number of attempt to reach him and also since the only remaining issue is the air conditioning unit which at this point will most likely not be needed for cooling until next spring or summer.
I am sorry about the fish. I really am.  At the same time, unless they an especially rare type of Amazon Discuss, I have been able to find a number of Amazon Discuss for between $40 and $70.  And once again, I feel that [redacted] needs to take some responsibility in this, as well.  
I would also like to say that we do want to take care of things for all of our tenants.  The owner
of this property is a good owner to work with and also wants the tenants taken care of.   Further, because we have our own maintenance department, performing repair work provides a small “profit center” for us.  As such, we have a good motivation to take care of our tenants and besides that we just want to be good landlords.  In fact, we have terminated our management agreement with a number of owners because they didn’t want to take care of things.
There are too many landlords out there that don’t take care of things.  Perhaps, based on past
experience, [redacted] assumes that we are one of those landlord.  Because of this, I want to be clear that if he will make a point of communicating with us, he will find that we will take care of things.
In any event, in the interest of resolving this we would like to propose that we give you a rent credit of $100 for the loss of the air conditioning and I will personally pay for one of the fish that was “valued at” $110.00. 
[redacted]
Evergreen Property Management, Inc.

Complaint: [redacted]
I am rejecting this response because:
I was unable to move in on the day  (10/10/16) according to the contract because:
The house had not had its pre-inspection and the amount charged to my account was not the amount in the contract. It was clear that the automatic bill pay controlled by Evergreen had no monitoring. I never did get a reason why my account was charged more than the amount agreed upon in the contract. I did have an employee sneer at me as she told me that I had paid the deposit twice. She never explained how this could happen. I made several attempts to contact Evergreen on my move in day to fix the overcharge and no one tried to call me back with a fix. All they needed to do was cut a check on my move in day to cover the overcharge and have someone do a pre-inspection and we could have proceeded with the move on the correct date with the correct amount of first months pro-rated rent.
When I finally was contacted on 10/11/2016, the day after my move in date, someone finally confirmed that I had an overcharge on my account, By then the contract was now null and void.
I e-mailed an employee that I would be willing to move in on the following Friday (10/14/2016) if there was an addendum to the original contract stating the new move in date with a new prorated amount. I also stated that I would no longer pay with Evergreens direct deposit system because it was clearly deeply flawed.
I went to Evergreen on 10/14/2016 to pick up the keys and to pay the new pro-rated amount on the new move in day. I handed them a check and then found out that the overcharge was still on my account and there was no way I could stop the payment. I also realized that Evergreen had not produced an addendum to the original contract so I had Evergreen give me back the check for the prorated amount. Evergreen then threatened to make me pay all of the rent until they found a new tenant. That is when I realized I needed to contact a lawyer. An employee from Evergreen offered to find a new tenant because it was clear that it was not going to work for me.
The contract that Evergreen broke on 10/10/2016 was never fixed because they never produced an addendum to the original contract for a new move in date and pro-rated rent.
Regards,
[redacted]

As to [redacted]’s statement that :“On 09/26/2016 I signed a lease with Evergreen Property Management. And then everything went to hell. On the morning of 10/10/2016, my move in date, as per the contract, I noticed that the amount of first month rent from Evergreen was almost twice what it should be. I...

called Evergreen several times the morning of the 10th to try to resolve the overcharge (which had maxed out my checking account so I could not pay my bills). I was finally able to reach an employee by email and he stated “Our owners decided last Friday that Columbus Day was a holiday in our handbook and told the office they could take the day off. It was last minute.”Our response is:[redacted]’s lease started Monday October 10th 2016 at 12, Noon.  All residents are notified that keys can be picked up from the office any time after the start of their Lease.  [redacted] contacted the office by email on Monday October 10th at 11:41 a.m. 19 minutes prior to the start of her Lease.  In the email she stated     “I was supposed to take possession of the house today.  Why would they schedule that on a Holiday?  Evergreen set the date!”In fact although our office was closed for general business that day we did have employees working in the office and in our maintenance department.Our Leasing Associate, Sergio R[redacted] responded to her email at 11:55 a.m. (5 minutes prior to her lease start time) and stated “You can absolutely come in and take possession.  Our owners decided last Friday that Columbus Day was a holiday in our handbook and told the office they could take it off.  It was very last minute.  I will be in until 4:00 I believe another associate will be at the office until 5:30”      As to [redacted]’s statement that:“ At no time did anyone at Evergreen inform me that we would need to change my move in date because that day was all of the sudden determined to be a company holiday “last minute”.”Our  response is:If for any reason we have Lease start dates on none-work days we always contact the prospective residents to make arrangements for keys to be either collected early or for them to be left in a lock box at the property and the residents are given the code. [redacted] responded to the email sent by Sergio at 12:02 p.m. and stated “Evergreen does not appear to be very well organized.  I cannot pay this month’s rent until everything due today is cancelled and then I will pay with a check.  Can I take possession today if I already stopped automatic payment?Sergio responded to this email at 12:48 p.m. letting [redacted] know that her account was in good standing and she could take possession that day. “We will do everything and anything to fix this issue”  [redacted] responded at 1:04 p.m. that she would “ like to wait until the 14th to move in.”[redacted] stated: On October 11th an Evergreen employee informed me that I could now pick up the keys for my move. At no time did she acknowledge that the lease states that my move in day was October 10th and not October 11th. She stated that “We were still under the impression you were moving in on Friday (Oct 7) which is why we weren’t prepared for you yesterday”. I received no calls or e-mails about a change for my move in date. Was I supposed to know about this Friday move by osmosis? Did she send out a psychic message I missed? When I agreed to sign the contract with Evergreen I wanted a move in date set for mid October. An employee from Evergreen stated that “The latest I would be able to do is starting the lease on October 10th, would that be something you would be willing to do”. I agreed and the lease was signed with that date. She was the one who suggested the date which just so happened to be a company holiday. Go Figure. On October 11th I tried to save this from being a total nightmare and agreed to a new move in date of October 14th with the stipulations that there be a new prorated amount for first months’ rent and that an addendum be added to the original lease stating the new move in date and prorated rent.Our response:During email correspondence and verbal communications we had discussed with [redacted] that we would not want the Lease to start any later than October 10th, [redacted] had said she was busy at work and wouldn’t be able to ‘move in’ until the middle of October.  When our Leasing Manager stated in the email “We were still under the impression you were moving in on Friday” this referred to Friday October 14th not 7th.As [redacted] states she agreed to a Lease start date of October 10th and the property was ready and keys were available for her to collect at 12, Noon October 10th, our Leasing Associate made that very clear in emails to her.   Again on October 11th, an email was sent to [redacted] that stated “ You are welcome to pick your keys up anytime”During further email correspondence it was mutually agreed that [redacted]’s Lease start date would now be October 14th and that we would amend the lease and prorate the rent from October 14th.[redacted] stated: On October 14, 2016, which was supposed to be the new move in date, I arrived at Evergreen. No one produced an addendum for me to sign with the changes to first months’ rent or move in date and that continues to be the case.Our response:It has been our practice in these instances to change the dates and prorated rent amount on the original lease and have the resident and a company representative initial the changes. [redacted] stated: The extra charge was still on my checking account and I found out from the bank I could not stop payment and any changes needed to be made by Evergreen. Our response: We do not control the resident’s checking account not do we have any control over banking practices however we did refund all monies overpaid by [redacted] by October 14th.[redacted] stated:Later in the day I received a message from an Evergreen employee asking if I wanted them to start looking for someone else to rent the house (that I had never moved into) and that they had an interested party. I agreed because It had reached the point that I knew that Evergreen was not a business I wanted to have anything to do with.Our  response:  [redacted] came in to the office at 9:00 a.m. on Friday morning requesting keys, it was noted that her new Lease start date meant that keys could not be pick up until Noon, [redacted] left a rent check and left the office.  She came back to the office 20 minutes later and requested her check be returned (we did) and stated she was not moving in to the property and she was contacting her attorney.   Due to her statement our Leasing Manager suggested that we still had an interested party who would take a look at the property this weekend with a view to sub-leasing from her as we were not prepared to allow [redacted] to break her Lease.  [redacted] said we were ok to go to the property and to show it.  We confirmed with [redacted] that sub-leasing was an option for her and because we wanted to resolve things amicably we were willing to waive the sub leasing fee of $500.[redacted] stated: My main question is why is Evergreen Management Services allowed to manage the property of others when they have no checks and balances in place to avoid what happened on October 10th? Where was management when the employees were dropping the ball? Why was this allowed to happen? This would have been amusing if it had not been so tragic. I really liked the place and I think it would have been a great home if only it was managed by a different business. I found Evergreen Management Services to be very unprofessional and unorganized. I found the staff to be poorly trained and highly incompetent without much in the way of customer service skills. I lay that on managements’ door. A case in point – I asked an Evergreen employee on 10/07/2016 what utilities I should have in my name. He gave me the incorrect information twice for gas and electric service. He did not even bother to research the correct information and he never informed me that the following Monday, my move in day, was now a company holiday. I had to ask someone in my office that lives close to the house what they have for services. It became very apparent that Evergreen Property Services was not motivated to make this work. Evergreen Property Services breached the lease contract by not being available for my move in date due to a company holiday set up “last minute”. At no time prior to 10/10/2016 did they attempt to contact me about a new move in date. They were unwilling to provide a new signed contract with a statement about a new move in date and prorated first months’ rent. On 10/18/2016 I stated to Evergreen Management Services that all of the money that I gave to them (deposit with pet fee = $2050.00 and any rent charged to my bank account = $2,050.00 for a Grand Total of $4,100.00) be sent by check to my address postmarked no later than 10/20/2016. They did not comply. Again, Go Figure.Our response:It is our opinion and hopefully we have demonstrated that in our response and with the evidence provided that the property was available for [redacted] to move in October 10th, 2016 and that we made every attempt to communicate with [redacted] that keys were available for her to pick up on the 10th. We refunded all overpaid monies in a timely manner, the overpayments were due to automatic payments [redacted] set up from her bank account and that Evergreen Property Management, Inc. had no control over [redacted]’s payments.  Shortly after [redacted] made it clear that she was not willing to move in to the property we provided offered to sublease the property without charging her a subleasing fee which would normally be $500 for sub-leasing.  [redacted] had signed a lease with us on September 29th and although we wanted the lease to start October 1st we agreed to October 7th.  Then, even though we had  emailed her that people were in the office on the 10th and she could pick up keys (and this was just shortly after she emailed us), we agree again delay the start date until the 14th.  Since she had signed a lease agreement and we had held the property off of the market from September 29th to October 14th, we feel that agreeing to not charge for our time subleasing fee the property was a generous resolution to which we were willing to agree.   After all, we had a lease agreement.  And if someone else had offered to rent the property for more money or better terms, we couldn’t have just decided to terminate her lease.  At the same time she should not be able to just walk away.None the less, to settle this matter completely, we will further agree to not hold [redacted] liable for any further obligation for the agreement as of the last day of October, 2016 and settle this account accordingly.ell us why here...

We regret that Mr.  [redacted] is upset.   At the same time, we do not feel his assertion that we are a “petty company who will do anything to take extra money from their leasees [sic]” is warranted.   As he acknowledges, they did not pay their rent on time.  We did try to...

call, as he also acknowledges, but the voice mailbox was full, and would not let us leave a message.   We also have obligations to make payments for our clients to pay their bills on time.  If we don’t have the money to pay mortgages on time, the mortgage company is unforgiving when it comes to late fees.  Therefore, when tenants pay late, we have little choice but to aggressively pursue rent collections.  If a tenant needs more time, we can usually work with them to some extent.  However, when Mr. [redacted] finally did pay his rent, he paid it online.  When he set up this account it gave him the option of having it automatically paid on the same day each month.  When we charge a late fee, we aren’t trying to be what Mr. [redacted] calls “petty” but there must be some consequence for not paying rent on time. It also makes our job more difficult as we have to make separate accounting runs for the payables for just that property.    The $45.00 fee for serving the Demand for Compliance is, in fact, in the lease agreement.  Section 25 of the agreement states, “In the event of any default or breach by the Tenant wherein the Landlord in its sole opinion deems it necessary to serve the Tenant a Demand for Compliance or Possession or other legal notice concerning the Tenant’s right to possession of the premises, the Tenant shall pay the Landlord $45.00 for the first service, $65.00 for the second service and each additional service during the term of this lease. “  When we issue a Demand for Compliance, a member of our staff has to prepare the document, someone else has to review and someone has to drive across town to the property and deliver it.  Our job is a lot easier when tenants just pay the rent and we don’t have to try to call them, or prepare documents, or deliver documents,  make separate accounting runs and incur additional expenses.  Additionally, Mr. [redacted]’s claim that “evergreen did this solely because we expressed our disenchantment over having dealt with them as a company and that we would not resign their lease” is just not true.  We did this because we have an obligation to our client, the owner of the property, to collect rent.  It is also our obligation to our client to pursue eviction if someone isn’t going pay rent and a full eviction can take more than a month to wind through the courts before we can have possession of the property returned to us.  So time is of the essence.  Further, sometimes people don’t pay rent because they are planning to skip out later in the month; or that they lost their job and have no way to pay rent and are embarrassed to talk to anyone;  or something else has dramatically changed in their lives; or there has been a loss of a loved.  With the number of properties we manage, something like this happens to someone almost every month. We can understand when things like this occur and there are plenty of instances where we  can empathize with their situation and try to work things out.  In this instance, as Mr. [redacted] stated, “it had slipped our mind”.  I am sorry it slipped his mind.  I am sorry that he didn’t answer his phone and that he let his voice message box get full so we were unable to leave a message.   But nonpayment of rent and not answering a phone or being unable to leave a voice message, are some of the same things we encounter when people are not planning on paying their rent.

Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted]
It is now clear that Evergreen Management cannot come out
with solid evidences, statements, bills work orders, purchase orders etc.  Instead he is coming out nothing but all BS stories.  I have clear observations which were
confirmed by independent   party that nothing has been done at the house so all of the charges were either fake or fabricated.  I have emphasized before and I will do it
again I don’t buy any stories coming from Mark Massy, he is just a story teller, I need documentation. Yes, I have terminated my contract and I am hoping that I
will spread the words out there; no one else will be victimized by this person. Here is my proposal, refund all of the fake charges and the money you have
stolen from me which was over $1,800 for nothing but stories and I will pay your $75 with interest. I am sure that contract also indicates that you cannot
just fabricate false charges or try to rip-off the landlords  and even if you do you come out with made up work orders,  you are obligated  to disclose that info with landlord.

Despite Mr. [redacted]’s extreme assertions, I am not a thief or a liar.  All expenditures that were madeon Mr. [redacted]’s property were valid and necessary; and the pictures that we took alone demonstrate the need for most of what was done.
I have operated our company, Evergreen Property Management,Inc. for 27 years and during that time have had hundreds of clients for whom wehave managed property.  This is the first time that one of our management client’s has filed a complaint with the Revdex.com.
My proposal is that we will once again retrieve copies of all invoices and/or work orders from our archives, submit them to the Revdex.com (to forward on to Mr. [redacted]) and we will not require Mr.[redacted] to make any further payment to our company for sums that were due to us under the Management Agreement.  If this is an acceptable resolution, we will submit copies of all documents to the Revdex.com within two business days of our receipt of notice that Mr. [redacted] had agreed to this proposal.
Mark Massey

First, I would like to clarify that our lease agreement provides that we have up to 60 from the end of the lease to refund the security deposit, not from the date of the sublease.  However, when a property is subleased we will still try to settle with the vacating tenant fairly...

quickly unless there is an apparent problem with the sub lessor or utility payments being behind (which can become a lien on the property) or some other problem.  We typically let the vacating tenant know that unless there is an problem arises, we will nonetheless try have it out in 60 days.  In any event, we sent her a check last week and she has called our office and said that she didn't receive it.  We confirmed that we had used the correct address and told her that if she has not received it by this coming Friday that she could come into the office and pick up a check.  I am sorry that she did not receive the payment as quickly as she anticipated.  At the same time, we are paying her the full amount and well ahead of the time our written agreement calls for.

We regret that Mr.  [redacted] is upset.   At the same time, we do not feel his assertion that we are a “petty company who will do anything to take extra money from their leasees [sic]” is warranted.   As he acknowledges, they did not pay their rent on time.  We...

did try to call, as he also acknowledges, but the voice mailbox was full, and would not let us leave a message.   We also have obligations to make payments for our clients to pay their bills on time.  If we don’t have the money to pay mortgages on time, the mortgage company is unforgiving when it comes to late fees.  Therefore, when tenants pay late, we have little choice but to aggressively pursue rent collections.  If a tenant needs more time, we can usually work with them to some extent.  However, when Mr. [redacted] finally did pay his rent, he paid it online.  When he set up this account it gave him the option of having it automatically paid on the same day each month.  When we charge a late fee, we aren’t trying to be what Mr. [redacted] calls “petty” but there must be some consequence for not paying rent on time. It also makes our job more difficult as we have to make separate accounting runs for the payables for just that property.    The $45.00 fee for serving the Demand for Compliance is, in fact, in the lease agreement.  Section 25 of the agreement states, “In the event of any default or breach by the Tenant wherein the Landlord in its sole opinion deems it necessary to serve the Tenant a Demand for Compliance or Possession or other legal notice concerning the Tenant’s right to possession of the premises, the Tenant shall pay the Landlord $45.00 for the first service, $65.00 for the second service and each additional service during the term of this lease. “  When we issue a Demand for Compliance, a member of our staff has to prepare the document, someone else has to review and someone has to drive across town to the property and deliver it.  Our job is a lot easier when tenants just pay the rent and we don’t have to try to call them, or prepare documents, or deliver documents,  make separate accounting runs and incur additional expenses.  Additionally, Mr. [redacted]’s claim that “evergreen did this solely because we expressed our disenchantment over having dealt with them as a company and that we would not resign their lease” is just not true.  We did this because we have an obligation to our client, the owner of the property, to collect rent.  It is also our obligation to our client to pursue eviction if someone isn’t going pay rent and a full eviction can take more than a month to wind through the courts before we can have possession of the property returned to us.  So time is of the essence.  Further, sometimes people don’t pay rent because they are planning to skip out later in the month; or that they lost their job and have no way to pay rent and are embarrassed to talk to anyone;  or something else has dramatically changed in their lives; or there has been a loss of a loved.  With the number of properties we manage, something like this happens to someone almost every month. We can understand when things like this occur and there are plenty of instances where we  can empathize with their situation and try to work things out.  In this instance, as Mr. [redacted] stated, “it had slipped our mind”.  I am sorry it slipped his mind.  I am sorry that he didn’t answer his phone and that he let his voice message box get full so we were unable to leave a message.   But nonpayment of rent and not answering a phone or being unable to leave a voice message, are some of the same things we encounter when people are not planning on paying their rent.