EXIT Realty Sun Living

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Regards,

[redacted]  I have told the business that  I was concerned over the pet cleaning fee,   I know the place was spotless when we left. even if there was dirty linnens andother  cleaning , and I know there was not .   I can remember that a profisinal cleaning company would have to do it in order to use security money. this can not be done by just the landlord and they take the money.  I have told them that we would settle for $420. but not heard back from them . we have diffrent views as to what happened at this property.

Although we do not feel that the issues stated per tenant on

the original complaint are warranted, on 05/15/14 we offered the Tenant a

settlement of $420.00 as per their original request and forwarded to them a

Settlement Agreement to be executed if they chose to accept.  On 5/15 the

Tenant sent us a email stating that they did not accept the settlement and

making additional demands and request.  Later that afternoon that sent us

an email stating that they now wanted to settle for the $420.00 however they

would not sign the settlement agreement until they received the funds from our

company.  We cannot in good faith send funds with no guarantee of

resolution or protection against additional or future claims.  We have

been advised by our attorney not to send the funds until we receive the signed

settlement agreement as without the agreement signed in writing there is no

protection for our company against future claims or stating that the complaint

was resolved.  As of this time we have still not received the signed

settlement agreement.

Our attorney the claims made by the tenant are without merit

and we abided by the terms of all agreements.  The dispute the Tenant has

with the funds held back by the owner from the deposit would need to be

addressed directly with the Owner as we no longer represent them and the funds

we were instructed to withhold from the deposit were sent directly to the Owner

for them to complete/pay for the items noted.  As previously stated

regarding the 14 day rule, per our attorney, the 14 day does not begin until

demand is made by tenant in writing.    The tenant continues to

send additional threats and request on a regular basis to our office.

We have attempted to resolve the issue regarding the security deposit with the [redacted] however there demands and requests have changed

daily.  We have offered them a settlement of $420 to resolve there dispute even though it is unwarranted however they refused the settlement.  We...

received there initial request regarding the deduction from the security deposit after business hours in Friday, May 9.  We responded and further explained the

deductions to them on Monday morning.

Per there lease it stated that the tenant was to take care of the landscape maint., it further states that they are to immediately contact the landlord upon first sign of weeds due to owners warranty. Upon move in the tenant stated there were some weeds at the property.  Per the agent she sent someone to the property who took care of the weeds shortly thereafter.  We did not receive any further notice regarding the landscape until several months later. At that point there were numerous weeds that were too high to be treated by the warranty therein requiring the owner to pay someone to go to the property to remove the weeds so she could have her warranty company re-treat. A month later upon move-out there were again weeds at the property and the bushes and shrubs were now over grown. Due to this we were instructed to then withhold a landscape charge of $200 as well as the prior amount the owner had previously paid. 

Regarding the locksmith fee.  The tenant was aware that there was not a key to the screen door.  However upon vacating the home the screen door was locked from the inside.  The first vendor contacted was not able to fix the lock and gain access and a second locksmith had to be contacted to fix. The only charge to tenant was for the bill for the 2nd locksmith only. This caused a delay in being able to access the home for the final walk thru as well. 

Upon entering the home for the final walk-thru the agent stated that there were dirty linens left and that the home needed additional cleaning.  Therein the deduction for the cleaning. 

Both the cleaning and 2nd landscape were handled and paid by owner as we no longer manage the property. As of April 1 the agent, [redacted], officially moved to a new company and her clients transferred with her.

 

As for the initial possession.  No arrangements were made with our office prior to the tenant moving in.  They arrived a day prior to the lease start date and began calling the agent after hours at approx. 5:35 pm demanding the keys and became very aggressive and nasty per the agent.  Access is never granted at 12:01 am due to safety reasons alone. The agent did let them in the next morning which was also the actual the lease start date.

The tenants did not request a final walk thru with our office at any time prior to there vacating home.  There official move out date per there notice

and lease was 3/31.  The tenant dropped the keys off at our office prior to move out but did not request a final walk thru with anyone from our office.  We did

not hear from the tenants again until May 9 when we received the initial email request after hours.

Due to the delay with access the refund was sent on April 23, 2014 and cleared our bank account on April 30.  Per our attorney the statute reads that the 14 days the Tenant is referring to does not begin until request is made by the tenant which was May 9, 2014 and does not include weekends or holidays.

Having been less than a week from receiving there initial request we have attempted to settle there dispute and provide a refund of the initially requested $420 in good faith even if not justified. However we have received different demands via email from tenant each day and they have stated that they will not accept the settlement of the amount they initially requested.

Please feel free to contact me if you have any questions or would like any additional information.

Sincerely,

Review: this is a problem of not getting our security deposit refunded in the 14 day limit by law. we moved out of a home they are an agent for and did not refund our depoit untill 21 days later . so I guess they did break the law that is why it is not a landlord/ issue.they are a real estate co. not the landlord.

we moved into a home that they were an agent for on nov21 2014. we called and asked for an agent to come and do a walk thru for move in conditions the agent refused to come to see all the problems. including large amounts of weeds and neglected trees and shrubs. the smoke alarms were not working properaly and we had no ladder to reach them. other problems were that we did not recieve keys to the door or mail box keys, garage door opener large cut on the security door.lock boxes left on so any real estate agent could walk in. etc. we had started the renting procedure 4 months prior. they had plenty of time to get the home ready. we phoned 3 days prior to our occupancy and told the agent we would want to be in our home at the 12.01 am time that is on our contract . the agent agreed and said she would not mail the key but hide it by the door. we arrived at 7 pm and went to make sure the key was there .it was not. we tried sevral phone calls to the agency and could not get a returned phone call to get into our property untill the next day. had to spend the night in a hotel at the cost of 77.00 dollars. finnaly 3 days latter we recieved the garage door opener, mail box key . we called clay and notified him of the problems at the home sevral times he chose not to take care of the yard or front door problems. a few weeks later late at night with no prior phone call 2 guys came to remove the lock boxes, we were very concerned about the time of night and 2 men pounding on our door.

2 days before we moved .we returned the front door key to exit realty because they would not come to the house to inspect the move out walk thru . at the time we dropped off the key we asked again to be present of the final walk thru .no body called or showed up. the time came and we left before our contract was up. the company has refused to re imburse us the 77.00 for the hotel has kept 370.00 for lawn care that was bad when we moved in and they did nothing about it. 50.00 to replace a lock that we never had a key for. 200.00 for a charge of a cleaning fee that was not done.Desired Settlement: the bottom line is that they would not come out to see all problems when we moved in and they would not come out to let us be present on the final inspection. we notified them of the problems and they did nothing about them .we were only there 4 months . the company did not come out untill 18 days later to inspect. more grass and weeds had grown. the company did not refund our money until the 21st day breaking the law of the 14 day rule we want a refund of all the security deposit + the 77.00 dollars we had to spend on a hotel because we could not get in on time. exit realty took our money I feel they are the company to pay it back. this is not a landlord issue but a company that took our money and will not give it back .

Business

Response:

We have attempted to resolve the issue regarding the security deposit with the [redacted] however there demands and requests have changed

daily. We have offered them a settlement of $420 to resolve there dispute even though it is unwarranted however they refused the settlement. We received there initial request regarding the deduction from the security deposit after business hours in Friday, May 9. We responded and further explained the

deductions to them on Monday morning.

Per there lease it stated that the tenant was to take care of the landscape maint., it further states that they are to immediately contact the landlord upon first sign of weeds due to owners warranty. Upon move in the tenant stated there were some weeds at the property. Per the agent she sent someone to the property who took care of the weeds shortly thereafter. We did not receive any further notice regarding the landscape until several months later. At that point there were numerous weeds that were too high to be treated by the warranty therein requiring the owner to pay someone to go to the property to remove the weeds so she could have her warranty company re-treat. A month later upon move-out there were again weeds at the property and the bushes and shrubs were now over grown. Due to this we were instructed to then withhold a landscape charge of $200 as well as the prior amount the owner had previously paid.

Regarding the locksmith fee. The tenant was aware that there was not a key to the screen door. However upon vacating the home the screen door was locked from the inside. The first vendor contacted was not able to fix the lock and gain access and a second locksmith had to be contacted to fix. The only charge to tenant was for the bill for the 2nd locksmith only. This caused a delay in being able to access the home for the final walk thru as well.

Upon entering the home for the final walk-thru the agent stated that there were dirty linens left and that the home needed additional cleaning. Therein the deduction for the cleaning.

Both the cleaning and 2nd landscape were handled and paid by owner as we no longer manage the property. As of April 1 the agent, [redacted], officially moved to a new company and her clients transferred with her.

As for the initial possession. No arrangements were made with our office prior to the tenant moving in. They arrived a day prior to the lease start date and began calling the agent after hours at approx. 5:35 pm demanding the keys and became very aggressive and nasty per the agent. Access is never granted at 12:01 am due to safety reasons alone. The agent did let them in the next morning which was also the actual the lease start date.

The tenants did not request a final walk thru with our office at any time prior to there vacating home. There official move out date per there notice

and lease was 3/31. The tenant dropped the keys off at our office prior to move out but did not request a final walk thru with anyone from our office. We did

not hear from the tenants again until May 9 when we received the initial email request after hours.

Due to the delay with access the refund was sent on April 23, 2014 and cleared our bank account on April 30. Per our attorney the statute reads that the 14 days the Tenant is referring to does not begin until request is made by the tenant which was May 9, 2014 and does not include weekends or holidays.

Having been less than a week from receiving there initial request we have attempted to settle there dispute and provide a refund of the initially requested $420 in good faith even if not justified. However we have received different demands via email from tenant each day and they have stated that they will not accept the settlement of the amount they initially requested.

Please feel free to contact me if you have any questions or would like any additional information.

Sincerely,

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.

Regards,

[redacted] I have told the business that I was concerned over the pet cleaning fee, I know the place was spotless when we left. even if there was dirty linnens andother cleaning , and I know there was not . I can remember that a profisinal cleaning company would have to do it in order to use security money. this can not be done by just the landlord and they take the money. I have told them that we would settle for $420. but not heard back from them . we have diffrent views as to what happened at this property.

Business

Response:

Although we do not feel that the issues stated per tenant on

the original complaint are warranted, on 05/15/14 we offered the Tenant a

settlement of $420.00 as per their original request and forwarded to them a

Settlement Agreement to be executed if they chose to accept. On 5/15 the

Tenant sent us a email stating that they did not accept the settlement and

making additional demands and request. Later that afternoon that sent us

an email stating that they now wanted to settle for the $420.00 however they

would not sign the settlement agreement until they received the funds from our

company. We cannot in good faith send funds with no guarantee of

resolution or protection against additional or future claims. We have

been advised by our attorney not to send the funds until we receive the signed

settlement agreement as without the agreement signed in writing there is no

protection for our company against future claims or stating that the complaint

was resolved. As of this time we have still not received the signed

settlement agreement.

Our attorney the claims made by the tenant are without merit

and we abided by the terms of all agreements. The dispute the Tenant has

with the funds held back by the owner from the deposit would need to be

addressed directly with the Owner as we no longer represent them and the funds

we were instructed to withhold from the deposit were sent directly to the Owner

for them to complete/pay for the items noted. As previously stated

regarding the 14 day rule, per our attorney, the 14 day does not begin until

demand is made by tenant in writing. The tenant continues to

send additional threats and request on a regular basis to our office.