Leisticos

[redacted] Dispute Resolution Specialist Revdex.com [redacted] Re: Consumer Complaint Case ID [redacted] Date 12/18/and submitted 1/23/12:00:AM Mr [redacted] On March 16, 2015, we received the packet of information on the complaint stated aboveThe delay in us receiving it was because of incorrect addresses used in mailing the correspondence to usWe appreciate the Revdex.com giving us additional time to adequately fairly review and respond to the complaint and sending us an e-mail copy on March 17, For the sake of amenity we will refer to the former tenant as "the customer", and us as landlord/ownerThe customer states that our charges are false, excessive, illegal claims of damages, unjustified, exceeds the "broom-clean" standard, and are for minor damage classed as "wear-and tear"He has made allegations that we are negligent and poorly maintain our propertyWe believe, however, that we met our obligation under the lease, and were patient and fair with the "the customer" by understanding his situationWe are a small family owned business, and pride ourselves in being honest, fair and friendly to our tenants, taking into account special situations and working with themWe have tried to take care of our tenants needs in a timely manner in a way that is considerate of themWe would never contemplate falsifying records to take advantage of our tenants or anyone elseWe believe we were patient and fair in our dealings with "the customer" as our tenantOur leases are clear as to rules, regulations and follow the requirements of the Texas Property CodeWe've reviewed the complaint and attached our response with our background statement, a Summary of our further review of the charges deducted from the Security Deposit based on "the customer's" protest and a Settlement OfferSincerely, [redacted] [redacted] *** [redacted] [redacted] Response to Customer Complaint [redacted] pgBACKGROUND STATEMENT In July we were approached by an individual, in the neighborhood by our property, who asked if we had an apartment available for "the customer" — who had to move quickly from his other apartment on the same streetWe didn't have one completely ready but said we would try to get one ready by the end of JulyIn July of one of the two landlords/owners of our business had triple bypass surgery and was not able to work for months and limited for months afterwardAlthough "the customer" was desperate to moand with our owner's health issues, we were able to paint the entire unit and put in new carpetingHowever, we were not able to complete the A/C unit cabinet (door) and storage area baseboards so we attached furniture grade oak plywood over the opening, which allowed "the customer" to moon his time scheduleThis did not impede access to the A/C filter since it was located in the return air grill located outside the cabinet which we show`ed the customer at move-in, therefore this should not have been an issue in changing the filterWe were unable to complete the opening with a door because of the condition the customer kept the property"The customer" became a tenant at our property under our standard landlord lease (which follows the requirements of the Texas Property Code) that began August 1, 2012, and expired July 31, He agreed to take the property "as is" knowing the amenities and condition of the unitThe security deposit was $and due before August 1, before move-inThe customer stated he had limited funds and asked to pay it off in days when he received his deposit refund from his previous landlordWe agreed but he didn't make the final payment on the security deposit until November 2012, months after move-inREPAIR REQUESTS: Our lease states that all repair requests or complaints must be in writing mailed or put in the mail slot at our business addressThis is so that we can maintain written recordsPhone calls are not adequate for notifications as many times we are on the road driving or busy at a jobsite and can't take calls or messagesThis property is a block from our office, and many times the landlord would see "the customer" walking dogs on the street, his occupation at the time, and would visit with himWhen the landlords were at the property visiting with other tenants they would stop by and ask if he any problemsRegardless of these conversations "the customer" should have put any complaints or repair requests in writing, but we have no record of receiving a request from himWe tried to take care of any situations we were aware of in a timely mannerPEST PROBLEMS: We were aware that there was a mice problem caused by the demolition and new construction done on a acre redevelopment property adjacent to and South, North, and East of the complexWe set out traps to take care of the problemWe did not wish to use any poisons from an extermination company which would cause the mice to die in the units or walls, making it hard to find them and then stinking up the apartment units, making them uninhabitableWe checked the traps daily for several months and removed any mice that were capturedWe contacted the tenants, gave them supplies and worked with them to help control the situationAlthough we were aware of the problem and were told about it by another tenant, we have nothing in writing in our records from "the customer" indicating a problemTHIN WALLS and OTHER TENANT PROBLEMS: The units, although over years old, have adequate insulation between the walls, but not the sound proof as necessitated for "the customer"During "the customer's" tenancy we had no written complaints from himHowever we did have complaints from other tenants regarding "the customer's" very loud noises, yelling of profanity, slamming of doors, banging on walls, loud music played during the day and late at night, and blocking of walkways with his bicycleA hostile environment had occurred with other tenants Response to Customer Complaint [redacted] pgLEASE RENEWAL - In July 2013, when "the customer's" lease was up for renewal, he told us it was his intention to move soon, but had not found a placeWe allowed him to remain in the property with the understanding that he would be on a month to month basis - could leave with days' notice, and that he would honor the stipulations of lease and continue to pay rent while he was looking for a new placeThere were several (8) months over the course of the years that his rent payments were dated and not received until after the 5th and we did not charge any late fees (as stipulated in the lease) because we knew he had limited incomeWe understood his financial limitations and tried to be fair and patientSince August we periodically checked with him on the status of his moving out and were told he still had not found a place as late as April On June 9, 2014, in written letter we requested him to vacate the property on or before July 31, 2014, giving him weeks to find a place and move, more than required by the Property CodeOn July 15, 2014, we mailed "the customer" our "Move-out Letter, Instructions and Checklist"This information gave detailed instructions on how to proceed with cleaning, checking out/scheduling a walk through with usWe usually do a walk through with our tenants to discuss damages and cleaning before they turn in keysWhen we contacted "the customer" twice to do the move-out walk through, he postponed because he stated he was not readyOn July 31, 2014, the third time we went by to see if he was finished, he was gone and had dropped his keys in the mail slot at our officeOn August 2, 2014, we did a thorough inspection of the property and spoke to the customer sometime after that, around mid-August, about doing a walk through so we could show him damages etcand give him an opportunity to take care of the additional items needing attentionHe was indignant and said "that was ridiculous and unneeded"We spoke again with him around August & 26" (per phone records) about the charges for damages etc., he again was unhappy about being chargedWe gave "the customer" several opportunities to do a walk through, to rectify damages and cleaning and he chose not to do soAfter these several opportunities and being refused, we began the process of repairing and cleaning the apartmentCORRESPONDENCE: On August 28th we mailed a letter to "the customer" at his new address with the Itemization of the Security Deposit, our check for $185.00, and photos sheets of our photos taken in August documenting the areas needing further attentionOur records show that he received our letter by certified mail at 3:pm on August 29thSometime after 5:pm on August 29, 2014, we received correspondence in our office mail slot from "the customer" which he stated the 30-day period was fast approaching and wanted a "detailed listing of the charges against the security deposit"From his letter (last paragraph) it appeared he had not received or read our itemization when he wrote his letterOur itemization and photo documentation of August 28, 2014, answered his request of a "detailed listing"The next correspondence we received from "the customer" was dated November 29, 2014, and delivered by certified mail on December 2, at 12:pm, which stated he was pursuing legal options and did not accept the refund despite depositing itWe did not respond to this because he alluded to taking legal action and we felt it would not be appropriateIt appears from the information sent to Revdex.com that correspondence in behalf of "the customer" was sent between August 29, 2014, and November 29, 2014, by two individuals, but not received by us due to wrong e-mail address and business mailing address used1) Email from "the customer's" mother sent to an incorrect e-mail address [redacted] ; 2) email from "the Response to Customer Complaint [redacted] pgcustomer's" case manager, sent to wrong e-mail address; and, 3) a letter sent by "the customer's" mother on September 5, 2014, by certified mail to an incorrect mailing address for our business — we did not receive (for clarification, "the customer's" mother was not a signee on the lease)It appears that web searches for our business on the internet has our business address listed incorrectlyWe have not been at the address the internet shows and have not received business mail at that location for at least yearsOur lease and governmental authorities have our correct business mailing address, and "the customer" received mail from us dated August 28, 2014, with the correct addressPHOTOS: The photos that were taken of the condition the unit was left by "the customer" were not of other unitsWe have not and would not falsify documentation/photos"The customer's" photos may be taken from different angles and of different areas then what we took and therefore not show the same area or damageOur photos (in full color) clearly show the conditionWe realize "the customer" feels his expectations were not met and he is unhappy with the security deposit refundWe believe we met our obligation under the lease, were patient and fair with the "the customer" by understanding his situationWe will review his protest on the deductions for damages and cleaning- see attachedREVIEW OF CHARGES & OFFER OF SETTLEMENT The Lease #E1b, signed by "the customer", clearly states that the landlord may deduct for "Costs for which Tenant is responsible to clean, deodorize, exterminate and maintain the Unit"The Lease #A clearly states the "Tenant's General responsibilities" include keeping the unit clean, sanitary and non-disruptive, replace a/c filters once a month, pay for extermination costs desired by Tenant and promptly notify landlord, in writing of all needed repairs — to name a fewThe Lease #also states the "tenant will surrender the unit in same condition as received", except "wear tear" — which is defined in our lease and the Texas Property Code Sec "deterioration that occurs without negligence, carelessness, accident, or abuse"We are uncertain where "the customer" read in the lease or property code that only "broom & clean" is all that is necessary or acceptable when moving outBy signing the lease he agreed to the stipulations and to return the property clean and sanitary (stove/oven, refrigerator, carpet, a/c filter, blinds, etc)We believe that our itemization of the deductions is fair and not in excess based on the leaseAlthough "the customer" attempted to have the property cleaned he was negligent in taking proper care to avoid damage (carpet/walls) and in cleaning all areas (stove, ceiling fans, blinds) necessary to return it in the same sanitary conditionHowever we understand the financial situation of "the customer" and the expenses he stated he incurred with the "M...Maid Service whom he should be upset with for doing an inadequate jobCopy of e-mail and receipt from maid service were not attached as stated in complaint information from "the customerUltimately it was his responsibility to be sure the Maid Service he hired did all that was necessary and to check with us at move-out regarding damagesWe have taken in account "the customer's" protest and reviewed the charges (see attached spreadsheet with explanations)We believe the charges are legitimate in keeping with the letter of the Lease and Texas Property Code and for items beyond "wear & tear" due to the negligence and carelessness by "the customer" in taking care of the property while living there and his improper move-out cleaningHowever, in an interest to move forward and settle this situation we ask "the customer" to accept as final payment on refund of security deposit and without further recourse an additional $300, bringing the total refunded to $which leaves $retained for damages

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]

Dear *** *** I am writing to request that you re-open my complaint against the *** *** As you may recall, you successfully negotiated a settlement between myself and the company, concerning their mis-appropriation of my security deposit I agreed to this settlement in writing, via email to you and confirmation on the Revdex.com website Subsequently, I sent a demand letter (a copy of which you were also given, and a further copy of which is attached) to the only available, mailing address, as certified mail In that letter, I stated that the settlement was to be paid within days, or I would resume my legal efforts It is now more than a month since the posting of that letter, and not only have I not received the money, but have never even received the return receipt for the letter! (This last fact may yet be explained (perhaps as an error on my own part), but the company's refusal to pay is unacceptable As such, I must request that you again contact ***, and exert your efforts on my behalf I ask, specifically, that the promised $is paid to me immediately Also, as it may be necessary to contact the firm on my own, once again, I must ask you for the relevant contact information First, the company claims to have changed its mailing address, but only the old one is available to me, or listed publicly Second, I must by what, if any, phone number you have been in telephone contact with the company Please send both pieces of information along, ASAP Thank you again, both for your time, and for your current and previous efforts on my behalf I look forward to working with you again Yours sincerely, *** ***
***
***

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]

Dear Revdex.com:  I am happy to report that the complaint with [redacted] has been, rather unexpectedly, resolved, as I have received the promised settlement on this past Saturday, the 27th of June. The check was sent by certified mail, and was included in a package with a copy of my demand letter, as well as a USPS tracking notice, specifying that the letter was not delivered until the 16th of this month, more than two months after I mailed it! Further investigation at USPS has confirmed this, with the suggestion that internal problems (e.g. falling into cracks in the machinery) may have been the source of the delay, as well as tearing off the return receipt (which I never received). Attached are photos of the check, which has since gone into my Savings account.  I believe, therefore, that we may consider the matter resolved, however belatedly.  Yours sincerely,  [redacted]

[redacted]
March 30, 2015
9.5pt; letter-spacing: -0.3pt;">[redacted]
Dispute Resolution Specialist
Revdex.com [redacted]
[redacted]
Re: Consumer Complaint Case ID [redacted]
Date 12/18/14 and submitted 1/23/15 12:00:00 AM
Mr. [redacted]
On March 16, 2015, we received the packet of information on the complaint stated above. The delay in us receiving it was because of incorrect addresses used in mailing the correspondence to us. We appreciate the Revdex.com giving us additional time to adequately fairly review and respond to the complaint and sending us an e-mail copy on March 17, 2015. For the sake of amenity we will refer to the former tenant as "the customer", and us as landlord/owner.
The customer states that our charges are false, excessive, illegal claims of damages, unjustified, exceeds the "broom-clean" standard, and are for minor damage classed as "normal wear-and tear". He has made allegations that we are negligent and poorly maintain our property. We believe, however, that we met our obligation under the lease, and were patient and fair with the "the customer" by understanding his situation.
We are a small family owned business, and pride ourselves in being honest, fair and friendly to our tenants, taking into account special situations and working with them. We have tried to take care of our tenants needs in a timely manner in a way that is considerate of them. We would never contemplate falsifying records to take advantage of our tenants or anyone else. We believe we were patient and fair in our dealings with "the customer" as our tenant. Our leases are clear as to rules, regulations and follow the requirements of the Texas Property Code.
We've reviewed the complaint and attached our response with our background statement, a Summary of our further review of the charges deducted from the Security Deposit based on "the customer's" protest and a Settlement Offer.
Sincerely,

[redacted]        [redacted]     [redacted]        [redacted]

Response to Customer Complaint [redacted] pg. 2
BACKGROUND STATEMENT
In July 2012 we were approached by an individual, in the neighborhood by our property, who asked if we had an apartment available for "the customer" — who had to move quickly from his other apartment on the same street. We didn't have one completely ready but said we would try to get one ready by the end of July. In July of 2012 one of the two landlords/owners of our business had triple bypass surgery and was not able to work for 4 months and limited for 8 months afterward.
Although "the customer" was desperate to move-in and with our owner's health issues, we were able to paint the entire unit and put in new carpeting. However, we were not able to complete the A/C unit cabinet (door) and storage area baseboards so we attached furniture grade oak plywood over the opening, which allowed "the customer" to move-in on his time schedule. This did not impede access to the A/C filter since it was located in the return air grill located outside the cabinet which we show`ed the customer at move-in, therefore this should not have been an issue in changing the filter. We were unable to complete the opening with a door because of the condition the customer kept the property.
"The customer" became a tenant at our property under our standard landlord lease (which follows the requirements of the Texas Property Code) that began August 1, 2012, and expired July 31, 2013. He agreed to take the property "as is" knowing the amenities and condition of the unit. The security deposit was $595 and due before August 1, before move-in. The customer stated he had limited funds and asked to pay it off in 30 days when he received his deposit refund from his previous landlord. We agreed but he didn't make the final payment on the security deposit until November 2012, 4 months after move-in.
REPAIR REQUESTS: Our lease states that all repair requests or complaints must be in writing mailed or put in the mail slot at our business address. This is so that we can maintain written records. Phone calls are not adequate for notifications as many times we are on the road driving or busy at a jobsite and can't take calls or messages. This property is a block from our office, and many times the landlord would see "the customer" walking dogs on the street, his occupation at the time, and would visit with him. When the landlords were at the property visiting with other tenants they would stop by and ask if he any problems. Regardless of these conversations "the customer" should have put any complaints or repair requests in writing, but we have no record of receiving a request from him. We tried to take care of any situations we were aware of in a timely manner.
PEST PROBLEMS: We were aware that there was a mice problem caused by the demolition and new construction done on a 20 acre redevelopment property adjacent to and South, North, and East of the complex. We set out traps to take care of the problem. We did not wish to use any poisons from an extermination company which would cause the mice to die in the units or walls, making it hard to find them and then stinking up the apartment units, making them uninhabitable. We checked the traps daily for several months and removed any mice that were captured. We contacted the tenants, gave them supplies and worked with them to help control the situation. Although we were aware of the problem and were told about it by another tenant, we have nothing in writing in our records from "the customer" indicating a problem.
THIN WALLS and OTHER TENANT PROBLEMS: The units, although over 40 years old, have adequate insulation between the walls, but not the sound proof as necessitated for "the customer". During "the customer's" tenancy we had no written complaints from him. However we did have complaints from other tenants regarding "the customer's" very loud noises, yelling of profanity, slamming of doors, banging on walls, loud music played during the day and late at night, and blocking of walkways with his bicycle. A hostile environment had occurred with other tenants.

 
 
 

Response to Customer Complaint [redacted] pg. 3
LEASE RENEWAL - In July 2013, when "the customer's" lease was up for renewal, he told us it was his intention to move soon, but had not found a place. We allowed him to remain in the property with the understanding that he would be on a month to month basis - could leave with 30 days' notice, and that he would honor the stipulations of lease and continue to pay rent while he was looking for a new place. There were several (8) months over the course of the 2 years that his rent payments were dated and not received until after the 5th and we did not charge any late fees (as stipulated in the lease) because we knew he had limited income. We understood his financial limitations and tried to be fair and patient.
Since August 2013 we periodically checked with him on the status of his moving out and were told he still had not found a place as late as April 2014. On June 9, 2014, in written letter we requested him to vacate the property on or before July 31, 2014, giving him 7 weeks to find a place and move, more than required by the Property Code.
On July 15, 2014, we mailed "the customer" our "Move-out Letter, Instructions and Checklist". This information gave detailed instructions on how to proceed with cleaning, checking out/scheduling a walk through with us. We usually do a walk through with our tenants to discuss damages and cleaning before they turn in keys.
When we contacted "the customer" twice to do the move-out walk through, he postponed because he stated he was not ready. On July 31, 2014, the third time we went by to see if he was finished, he was gone and had dropped his keys in the mail slot at our office.
On August 2, 2014, we did a thorough inspection of the property and spoke to the customer sometime after that, around mid-August, about doing a walk through so we could show him damages etc. and give him an opportunity to take care of the additional items needing attention. He was indignant and said "that was ridiculous and unneeded". We spoke again with him around August 24 & 26" (per phone records) about the charges for damages etc., he again was unhappy about being charged.
We gave "the customer" several opportunities to do a walk through, to rectify damages and cleaning and he chose not to do so. After these several opportunities and being refused, we began the process of repairing and cleaning the apartment.
CORRESPONDENCE: On August 28th we mailed a letter to "the customer" at his new address with the Itemization of the Security Deposit, our check for $185.00, and photos sheets of our photos taken in August documenting the areas needing further attention. Our records show that he received our letter by certified mail at 3:16 pm on August 29th. Sometime after 5:00 pm on August 29, 2014, we received correspondence in our office mail slot from "the customer" which he stated the 30-day period was fast approaching and wanted a "detailed listing of the charges against the security deposit". From his letter (last paragraph) it appeared he had not received or read our itemization when he wrote his letter. Our itemization and photo documentation of August 28, 2014, answered his request of a "detailed listing".
The next correspondence we received from "the customer" was dated November 29, 2014, and delivered by certified mail on December 2, 2014 at 12:01 pm, which stated he was pursuing legal options and did not accept the refund despite depositing it. We did not respond to this because he alluded to taking legal action and we felt it would not be appropriate.
It appears from the information sent to Revdex.com that correspondence in behalf of "the customer" was sent between August 29, 2014, and November 29, 2014, by two individuals, but not received by us due to wrong e-mail address and business mailing address used. 1) Email from "the
customer's" mother sent to an incorrect e-mail address [redacted]; 2) email from "the


Response to Customer Complaint [redacted] pg. 4
customer's" case manager, sent to wrong e-mail address; and, 3) a letter sent by "the customer's" mother on September 5, 2014, by certified mail to an incorrect mailing address for our business — we did not receive (for clarification, "the customer's" mother was not a signee on the lease).
It appears that web searches for our business on the internet has our business address listed incorrectly. We have not been at the address the internet shows and have not received business mail at that location for at least 15 years. Our lease and governmental authorities have our correct business mailing address, and "the customer" received mail from us dated August 28, 2014, with the correct address.
PHOTOS: The photos that were taken of the condition the unit was left by "the customer" were not of other units. We have not and would not falsify documentation/photos. "The customer's" photos may be taken from different angles and of different areas then what we took and therefore not show the same area or damage. Our photos (in full color) clearly show the condition.
We realize "the customer" feels his expectations were not met and he is unhappy with the security deposit refund. We believe we met our obligation under the lease, were patient and fair with the "the customer" by understanding his situation. We will review his protest on the deductions for damages and cleaning- see attached.
REVIEW OF CHARGES & OFFER OF SETTLEMENT
The Lease #10 E1b, signed by "the customer", clearly states that the landlord may deduct for "Costs for which Tenant is responsible to clean, deodorize, exterminate and maintain the Unit". The Lease #18 A clearly states the "Tenant's General responsibilities" include keeping the unit clean, sanitary and non-disruptive, replace a/c filters once a month, pay for extermination costs desired by Tenant and promptly notify landlord, in writing of all needed repairs — to name a few. The Lease #16 also states the "tenant will surrender the unit in same condition as received", except "normal wear tear" — which is defined in our lease and the Texas Property Code Sec 92.001 "deterioration that occurs without negligence, carelessness, accident, or abuse".
We are uncertain where "the customer" read in the lease or property code that only "broom & clean" is all that is necessary or acceptable when moving out. By signing the lease he agreed to the stipulations and to return the property clean and sanitary (stove/oven, refrigerator, carpet, a/c filter, blinds, etc). We believe that our itemization of the deductions is fair and not in excess based on the lease.
Although "the customer" attempted to have the property cleaned he was negligent in taking proper care to avoid damage (carpet/walls) and in cleaning all areas (stove, ceiling fans, blinds) necessary to return it in the same sanitary condition. However we understand the financial situation of "the customer" and the expenses he stated he incurred with the "M...Maid Service whom he should be upset with for doing an inadequate job. Copy of e-mail and receipt from maid service were not attached as stated in complaint information from "the customer. Ultimately it was his responsibility to be sure the Maid Service he hired did all that was necessary and to check with us at move-out regarding damages.
We have taken in account "the customer's" protest and reviewed the charges (see attached spreadsheet with explanations). We believe the charges are legitimate in keeping with the letter of the Lease and Texas Property Code and for items beyond "normal wear & tear" due to the negligence and carelessness by "the customer" in taking care of the property while living there and his improper move-out cleaning.
However, in an interest to move forward and settle this situation we ask "the customer" to accept as final payment on refund of security deposit and without further recourse an additional $300, bringing the total refunded to $485 which leaves $110 retained for damages.