FutureStay

Revdex.com: I have reviewed the response made by the business in reference to complaint ID [redacted] , and find that this resolution is satisfactory to me Regards, [redacted] ***

We are not disputing that we allowed residents in the Houston until Sept for us to receive their rent because of the potential mail delays that might result from Hurricane Harvey in the Houston areaThere were only residents whose payments we received after the first and all, except this tenant, had paid by Sept and all lived in the same general area of town.Despite what this resident's tracking number shows, the mail was NOT in our post office box on Sept We check the mail every and did not receive a pick up slip for this envelope until Sept That wa when we notified the tenant that we received the payment and that she was being charged late fees for Sept 16- The lease is clear; however, that the post office is NOT the delivery agent for receipt of the rentNeither the resident or the property management company have control over the US post office or any delivery serviceAgain, the rent due date has never changedIt is due on the 1stThis resident could have sent a post-dated check well in advance of the storm even being forecasted and we would not have cashed it until the 1stWe are a professional real estate firm, licensed and regulated by The State of Texas and we are required to adhere to fiduciary responsibilitiesThis resident's claim that we cannot be trusted with a post-dated payment is not fact-based and unsubstantiatedOn a previous occasion a couple of years ago this resident reacted in this same manner when she was notified that her rent payment had not been received by the 8th of the monthShe made the same claim back then: that it was the post office's fault that her rent was not on timeShe sent copies of receipts back then and was reminded of the terms of the lease at that time as wellShe responded in an abusive and foul manner, cussing and calling our office clerk foul names- see attached.We understand that this tenant is not happy about being charged late fees when her rent was not received on timeWe are still required to enforce the leases unilaterallyHowever, we made a decision to allow for an exception for the Houston area considering the circumstances there and gave her until Sept to get a payment to usNo further extension were allowed and late fees are due

The written, signed lease (and Landlord Rules as well as our welcome letter sent to all residents) state that the rent is due by the 1st of each month and considered late if not actually received by midnight on the 2ndThe lease also states that the post mark date does NOT reflect the date that rent is actually received in our officeAll residents are given the opportunity to provide the management company with post-dated checks to be deposited on the 1st of each month if they think they will not be able to mail their payment in on timeThis tenant did not choose to take advantage of that offerWe did not receive his payment on time so he was charged appropriate late fees as called for in the lease agreement that he signedWe provide written notification to all our residents indicating that we do not waive late feesWe explain that this would put us in a position of judging one tenant more worthy of having their late fees waived than another and could be considered favoritism or discriminatoryThis was explained to this tenant when he asked us to waive his late feesThis resident's lease ended on the 31st of the month and his signed lease agreement states that he was responsible for the lawn up until that pointWhen a move out inspection was conducted on the 1st, the backyard lawn needed attention; the fence line and along all sides of the house had not been edged and was overgrown, the weeds had grown between the pavers and gravel in the extended patio and had to be removedWe have already told him that he was not charged for removing the bird nest above the front doorThe signed lease agreement and Landlord Rules state that $would be deducted from the security deposit for a move out inspectionNot sure why this tenant is filing a complaint as everything he was charged was called for in the lease agreement that he signedHis signature on that document indicted that he understood and agreed with the terms therein

Complaint: [redacted] I am rejecting this response because:I believe they have unfair business practices I articulated my issues in the attached word document I have support documents and pictures on the PPT slides Regards, [redacted] ***

These are the facts:The terms of the lease state that rent is due on the 1st and considered late if not received by midnight on the 2ndThe rent has always been due on the 1st every month since this tenant moved in back in She could have mailed her payment at any time prior to the 1st so as to ensure its arrival on timeWe received her payment in our post office box on Sept The written statement that this company is "dishonorable" is libelous as it is and was made with the intent to discredit this organizationIcon Property Management has the right to decide whether or not we will utilize some form of electronic payment for rentWe choose not to due to security concern and the accounting problems associated with chargebacksThe written lease states the manner in which all residents are required to pay their rentMs [redacted] is no exception.We will not continue to respond to this tenant's complaints hereShe was already given special consideration because she resides in the Houston area and clearly that was not good enoughHer rent was not mailed on time much less received on time

Complaint: [redacted] I am rejecting this response because:Below is the written promise from Icon dated August 28:Your primary focus must be to stay safeIf you do not feel safe in the property due to rising water or a roof leak, please seek shelter elsewhereFinally, there will be no late fees until after Sept We do not want you to worry about how the rent will get to us during this time.Tracking details for the payment:The rent was there on the 12th, and they decided to pick it up on the 18thNow they are requesting $of late feesThey would also like me to be quiet about it (I've received an email advising me to review my lease terms as relate to contacting the Revdex.com)They are not willing to honor their agreement as you can clearly see above.Thanks

We are not disputing that we allowed residents in the Houston until Sept for us to receive their rent because of the potential mail delays that might result from Hurricane Harvey in the Houston areaThere were only residents whose payments we received after the first and all, except this tenant, had paid by Sept and all lived in the same general area of town.Despite what this resident's tracking number shows, the mail was NOT in our post office box on Sept We check the mail every and did not receive a pick up slip for this envelope until Sept That wa when we notified the tenant that we received the payment and that she was being charged late fees for Sept 16-18. The lease is clear; however, that the post office is NOT the delivery agent for receipt of the rentNeither the resident or the property management company have control over the US post office or any delivery service. Again, the rent due date has never changedIt is due on the 1stThis resident could have sent a post-dated check well in advance of the storm even being forecasted and we would not have cashed it until the 1stWe are a professional real estate firm, licensed and regulated by The State of Texas and we are required to adhere to fiduciary responsibilitiesThis resident's claim that we cannot be trusted with a post-dated payment is not fact-based and unsubstantiated. On a previous occasion a couple of years ago this resident reacted in this same manner when she was notified that her rent payment had not been received by the 8th of the monthShe made the same claim back then: that it was the post office's fault that her rent was not on timeShe sent copies of receipts back then and was reminded of the terms of the lease at that time as wellShe responded in an abusive and foul manner, cussing and calling our office clerk foul names- see attached.We understand that this tenant is not happy about being charged late fees when her rent was not received on timeWe are still required to enforce the leases unilaterallyHowever, we made a decision to allow for an exception for the Houston area considering the circumstances there and gave her until Sept to get a payment to usNo further extension were allowed and late fees are due

Although we understand this former tenant's complaint, it is not valid as indicated in the attached lease documentsWe are required by the National Assoc of Realtor Code of Ethics to treat all parties to a real estate contract fairlyPart of the process in making sure we honor this requirement is by providing all parties advance copies of any contracts they will be signing as part of the transaction and allowing them ample opportunity to discuss anything they do not understand and negotiate if possible BEFORE the contract is signed. This tenant was given all lease documents on Feb (well in advance of his March move in) for his reviewThe documents were explained to him and he was offered the chance to ask questions before signing the documentsHe returned the documents signed without issueIn fact, this tenant did not have an issue with this company until we had to enforce the terms of the lease related to his rent that was received late. He has asked that we refund his late feesWe will not do that as they are legitimate fees that were due and payable per the lease contractHe asks that we refund the $move out inspection feeWe will not do that as that is a legitimate fee due and payable, per the signed lease contractHe has asked that we refund the lawn care charge of $We have authorization to refund that amount even though it is a legitimate charge, as a good will gesture

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards,
*** ***

Complaint: ***
I am rejecting this response because:In July of 2013, my second month at the property, the post office lost the rent checkIt had been mailed a week in advance of the due date, but it was not deliveredThat check was sent by USPS Priority MailEven then it was not my fault that the check did not arrive on timeIt was a postal issue that I was forced to pay costs regardingEver since then I have been using Express Overnight serviceIf I did not show proof of availability for pick up dated 9/12/2017, I would pay fees as I have beforeI have tracking proof that the check was thereI even called the *** *** *** *** where the check was sent, and a postal agent advised that notices were supplied to Icon to sign for my packageOne on the 12th, another on the 15th, and the last on the 16thI have always paid my rent on time, or paid the requested fees when it was deemed late by this companyPostal mail has its failures, and the tenant is always responsibleIcon chose the method of paymentI followed their directionThe check was thereI'm not paying late feesI hoped that this could be resolved, but it seems that they would prefer to move forward in another way

Complaint: [redacted]
I am rejecting this response because:I believe they have unfair business practices.  I articulated my issues in the attached word document.  I have support documents and pictures on the PPT slides.  
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:Below is the written promise from Icon dated August 28:Your primary focus must be to stay safe. If you do not feel safe in the property due to rising water or a roof leak, please seek shelter elsewhere. Finally, there will be no late fees until after Sept 15. We do not want you to worry about how the rent will get to us during this time.Tracking details for the payment:The rent was there on the 12th, and they decided to pick it up on the 18th. Now they are requesting $195 of late fees. They would also like me to be quiet about it (I've received an email advising me to review my lease terms as relate to contacting the Revdex.com). They are not willing to honor their agreement as you can clearly see above.Thanks.

The written, signed lease (and Landlord Rules as well as our welcome letter sent to all residents) state that the rent is due by the 1st of each month and considered late if not actually received by midnight on the 2nd. The lease also states that the post mark date does NOT reflect the date that...

rent is actually received in our office. All residents are given the opportunity to provide the management company with post-dated checks to be deposited on the 1st of each month if they think they will not be able to mail their payment in on time. This tenant did not choose to take advantage of that offer. We did not receive his payment on time so he was charged appropriate late fees as called for in the lease agreement that he signed. We provide written notification to all our residents indicating that we do not waive late fees. We explain that this would put us in a position of judging one tenant more worthy of having their late fees waived than another and could be considered favoritism or discriminatory. This was explained to this tenant when he asked us to waive his late fees. This resident's lease ended on the 31st of the month and his signed lease agreement states that he was responsible for the lawn up until that point. When a move out inspection was conducted on the 1st, the backyard lawn needed attention; the fence line and along all sides of the house had not been edged and was overgrown, the weeds had grown between the pavers and gravel in the extended patio and had to be removed. We have already told him that he was not charged for removing the bird nest above the front door. The signed lease agreement and Landlord Rules state that $75 would be deducted from the security deposit for a move out inspection. Not sure why this tenant is filing a complaint as everything he was charged was called for in the lease agreement that he signed. His signature on that document indicted that he understood and agreed with the terms therein.

Rent is due on the 1st of the month. We offer all residents the opportunity to send us post-dated checks that we will hold until the 1st of the month. This tenant does not take advantage of this offer and chooses to special mail her payment each month.We reached out to all residents of the...

properties that we manage in the Houston area on August 28 to inform them that, if they had not already sent in their rent payment, we would allow them until Sept 15 to pay their rent without late fees. We did this in anticipation of the mail service potentially being delayed and to provide them relief to pay for extra hurricane preparedness items. We did not extend the due date. Also, by Sept 6 ALL of our residents in the Houston area had already paid their rent except this tenant. Also, this tenant did not have to be evacuated. She left before the storm hit and was in Dallas according to a text message she sent to us on Aug 28. The mail in Dallas was not affected by the hurricane so she could have mailed her payment from there. The property she resides in did not flood and there was no major storm damage. She returned to the property on Aug 31. We emailed this resident on Aug 28 when we emailed all the residents in the Houston area. We emailed her again on Sept 6 to let her know that she was the only tenant in that area who had not paid the rent so we were asking that she go ahead and send in the rent as soon as possible. She did not respond to that email.On Sept 12, at the request of the owner of the property who knew that the property was not flooded and that the city had been open for business for over a week, we called the tenant to see if she had sent in the rent payment. We specifically asked her to respond to us so that we could inform the owner. We also sent her an email for our records. Sept 12 she finally responded, accused us of harassing her and said that she would send the payment on Sept 14. As of Sept 17, we still do not have her rent payment. The signed lease agreement states that the post office box is not the agent for receipt of the rent and the postmark date is not the date we actually received a payment. Again, we still do not have her rent so it is late and late fees apply. At this point, we will consult with the owner to see if he wants us to pursue eviction.

These are the facts:1. The terms of the lease state that rent is due on the 1st and considered late if not received by midnight on the 2nd. 2. The rent has always been due on the 1st every month since this tenant moved in back in 2013. She could have mailed her payment at any time prior to the 1st so as to ensure its arrival on time. 3. We received her payment in our post office box on Sept 18. 4. The written statement that this company is "dishonorable" is libelous as it is false and was made with the intent to discredit this organization.5. Icon Property Management has the right to decide whether or not we will utilize some form of electronic payment for rent. We choose not to due to security concern and the accounting problems associated with chargebacks. 6. The written lease states the manner in which all residents are required to pay their rent. Ms. [redacted] is no exception.We will not continue to respond to this tenant's complaints here. She was already given special consideration because she resides in the Houston area and clearly that was not good enough. Her rent was not mailed on time much less received on time.

Complaint: [redacted]
I am rejecting this response because:Rent is due at the 1st of the month. However, you offered an “extension” that you are refusing to honor. You provided a date of 9/15/2017, but you have refused to pick up a check that has been in your postal possession since 9/12/2017. Charging late fees because I refuse to send postdated checks to a dishonorable company is ridiculous. A postdated check requires trust.  By law once I surrender any check to any organization, they have the right to cash it. I only provide checks that have funding. Icon has refused to accept any electronic means of payment, and will not be held liable for postal mail mishaps. I understand that this is their choice, so I have only one way of guaranteeing that the funds are received. I pay $25 per month to overnight the rent payment. I did not wait until 9/14/2017 to mail the check. It was sent on 9/11/2017. I was contacted by phone at 3:41PM on the 9/12/2017 by an Icon representative (Synder), and I advised her that they should have checked their mail before calling me. The payment arrived at their post office at 11:36AM on 9/12/2017, and it has been awaiting their signature and pick up.I live near the Addicks and Barker reservoirs in Houston, TX. Icon is correct in saying that there was not a mandatory evacuation, but there was a voluntary evacuation. [redacted]room/current-[redacted] There was a great deal of flooding even in my neighborhood. The homes on the next street had over a foot of water inside. Icon may have other properties in Houston, but they are not all in the same part of town. Every resident of the city endured their own separate struggle, and they are trying to lump us all into one. Why does it matter when one paid versus another? There are still closed roads near my home, while others are travelling as normal. When I chose to leave Houston, I did so to protect my family from a devastating hurricane. I did not expect to be away for a week, and paying rent while in Dallas was not a priority. Once I left, I was unable to return to Houston as parts of Interstate 45 were closed. I needed my funds to ensure my family would have a safe place to sleep and food to eat. I returned to Houston, and I attempted to pay the rent by Overnight Mail on 9/7/2017. The service was not available due to the Hurricane. I was advised by [redacted] to check back on Monday (9/11/2017). I returned to [redacted] on 9/11/2017 and mailed the check at 8:33AM. Icon could have picked it up from their P.O. Box as soon as 9/12/2017 at 11:36AM. After speaking with their agent, I emailed them on 9/12/2017 at 6:35PM to alert of the check’s arrival. They replied on 9/13/2017 at 1:42PM acknowledging receipt of my email, but they have refused to pick up the check. Instead, they would like to charge me fees and threaten eviction. They should not have been emailing and calling me repeatedly after offering the extension. I emailed them as soon as I returned and advised of the property’s status. They replied, but then pretended that they had not heard from me. They continue to act like I’m negligent, but I have proof of all of our interactions. Again, the facts: The check was there on 9/12/2017 at 11:36AM. I have tracking details to prove it. They also acknowledged my email where I provided the tracking details. I will retain my records.[redacted]