Metro Management Inc.

Re: Complaint # ***Dear Ms***,This letter is in response to complaint #***, which we received February22,2017.The only reference that was ever made to me about the ***'s house was thatthey could not sell it due to it being under value vs what was owedThere was never
anydiscussion verbally or direction given to us in writing about the future plans of theirhouse.The tenant's lease expired at the end of May and the tenant requested torenew the their leaseThe ***'s approved the renewalThe tenant was sent theappropriate paperwork to sign but did not sign and return the lease renewal.The tenant consequently gave notice December 1, to vacate December31stThe ***s were informed of the tenant's intent to vacate on December 6thOnDecember 7th the ***s informed us to hold off on marketing the propertyThen onDecember 21st the *** informed us they would be ending the management services.The fact that the tenant did not sign the renewal does not void the contract the***s had with Metro ManagementThe contract for management was throughAugust 23rd, 2017.The ***s can do what they like with their house but they signed a contractwith Metro Management and were well aware of the terms and conditions.Please do not hesitate to contact me if you need further information.Sincerely, Tom M***

What *** *** is failing to address in his complaint is the fact that rent, either in full or a pro-rated proration is due on the first day of the month. If not paid by the fifth a late fee is charged to the account in the amount of $50. *** *** did not pay either amount by the
fifth of the month, consequently, the late fee was charged and deducted out of the deposit. This is supported by the lease which is attached.The Department of HUD does not allow us to treat *** *** any different with his lease agreement than anyone else, regardless of his rental record. *** ***

Ms***,Thank you for getting back to meI have attached a copy of our contract with Metro ManagementPlease refer to paragraph of the "Agent's Obligations" section. This paragraph states the Agent is responsible for, "...renewals or cancellations of leases relating to the property..." Because of Tom's failure to fulfill this obligation (a material breach of contract), the remainder of the contract term was voidEven though the contract was void, we still followed the contract and notified Tom (in writing, as well as over the phone) that we could no longer do business with his companyI'd be happy to share a copy of this letter if you feel it is necessary We trusted Metro Management to handle our property because of their "A+" Revdex.com ratingThe way they have handled this situation has completely destroyed my trust in their ability to act in the best interest of any of their customersI worry they are taking advantage of other families who may be less inclined to contest Metro Management's tacticsPlease let me know if you have any other questions, or need any additional informationThank you.Very respectfully,Matt

We just took over managing these apartmentsWe did not receive all of the information we needed to address his situation immediately. We talked to him the first time we were aware of his call and explained to *** the situation. We talked to *** again yesterday, to
discuss his deposit, vacating the property and his responsibility. *** is to return the keys to us todayWe explained to *** that we have thirty (30) days to return his deposit and we will comply with the lease and the laws. We have made arrangements with *** that are satisfactory to him and to us.He has been assured that we were not ignoring him, we just did not have all of the information needed to make any deeterminations. If you have any further questions, please contact our office

[redacted] concern is that he was charged something that is part of the lease and law that we have to follow.  We are held to the laws and rules of federal and state government and no one can be treated any different than anyone else.  The rent, partial month, was not paid by the fifth of the month but after the deposit refund was prepared and returned, which makes the months payment late.  Rent that is paid after the fifth of the month is assessed a late fee of $50.  I can't change that charge due to Fair Housing regulations.    [redacted]

Complaint: [redacted]
I am rejecting this response because:We entered into a contract with Metro Management believing Tom would act in our best interest as our fiduciary agent. Tom’s failure to follow up with the tenant regarding the renewed lease, or to notify us that the tenant did not return the lease paperwork, constituted a material breach of contract. If either one of those things happened (if the new lease was signed, or if Tom notified us the lease was not signed in May), we would not have an issue with Tom or Metro Management. Tom’s failure, whether it was willful or negligent, forced us to terminate our business with Metro Management because we could no longer trust him to manage our property. Therefore, we are not responsible for the remainder of the contract and demand that Metro Management return the funds they withheld from the tenant’s last month’s rent to cover the remainder of our contact ($870.00).  Our intent for the future of our property is completely irrelevant in this matter. Our complaint is based entirely on the fact that we believed, based on information directly from Tom, a new lease would be in place on June 1, 2016. Tom failed to get the new lease signed after he assured us he would, and then failed to notify us the lease was never signed. Because of these facts, the contract we had with Metro Management was void. Tom refuses to take responsibility for his failure, and chooses to ignore the fact that his inaction violated the terms of our contract. We will not be held accountable for Tom’s incompetence, and we will not be bullied into forfeiting the $870.00 Metro Management is withholding from us. Tom acknowledged the tenant wanted to sign a new lease, he said he failed to get the paperwork back from her, and he admitted we weren’t notified the lease was never signed until December 6th. Where is the confusion?
Sincerely,
[redacted]

3/23/17Re: Complaint #[redacted]Dear Ms. [redacted],Mr. [redacted] would like to make up believe that the contract would be void due to the tenant not renewing a lease.  It does not.  In the contract, there is the "hole harmless" clause that he is ignoring.  Metro Management upheld the contract and it was the [redacted]s that decided to end the relationship.Thank you for your time with this matter.Tom M[redacted]

Metro Staff told us not to worry and we have audio proof that we tried to obtain the said pro-rated rent due. If small claims action is required the court may award us 3 times damages and court costs.