Neighborhood Property Management

Initial Business Response / [redacted] (1000, 11, 2016/06/08) */ Please see the following messages I sent to the tenant when he requested that he receive his entire deposit back: "I understand that you chose to move-out before the term had ended (per the 60-day notice)The pro-ration was based upon the term that was listed in the 60-day notice you receivedYou would have needed to provide a 30-day notice to us in order to change the ending term The final disposition was sent in the time frame requiredIt is never our intent to withhold anything that is not reasonable and fairI will check with the owner of the property regarding the paint to see if she would be willing to make any alterations to the deposit refundI will get back to you as soon as I hear back I am looking through our communication and I see that I was clear that you would be charged through the 5th of the month and that the deposit would be done based on any reasonable cleaning/repairs neededI spoke to the owner and she was very clear with me that she has never stated that you would simply "get your deposit back" in fullI was not there when you spoke to her, but I have never had an owner make that statement beforeThe owner indicated that she was asked about the deposit and she stated that she did not know As you know, the house was listed for sale by a realtorIt did not sell so the owner had to put it back on the rental market I hope these previous communications are helpful in clarifying what was representedPlease let me know if you need anything else." The tenant maintained his position and I send him this email: "I hope you received the emails I forwarded you last weekI know that I communicated clearly to you via email that we would be pro-rating rent based on the 60-day notice Regarding the charges for painting, can you please clarify what specifically you are asking for? Please note that the owner paid $1,to have the interior re-painted and you were only charged for a small portion of thatPlease let me know what you are asking for and I will talk to the owner." The tenant maintained his position that he wants his entire deposit back and I sent him this email: "I have invoices for cleaning and maintenance that we had to do in order to restore the home to it's previous conditionWe would not have sent a cleaner if this home was cleaned to the rent ready standard you received it inBased on the charge of the cleaning, I can tell that it was a light or general cleaning - rather than a heavy cleaningThis is what your paperwork reflectedThe home was not filthy, but it did need a general cleaning throughoutI would like to present the owner with a reasonable requestThe home required cleaning, maintenance, and painting in order to restore it back to it's initial conditionAs you know, you were not charged for the majority of what was doneYou also received copies of the invoices showing that this work was in fact completedAgain, we would not have done any of these items if they weren't needed Also - You sent me multiple emails before you even moved out stating that the owner told you that you "could have your whole deposit back." I asked the owner about this multiple times and she stated that she would never say thatIt is clear that you are using various tactics in an attempt not be charged for any of the cleaning and/or maintenance that was required to put the home back into it's initial condition less wear and tearThe charges on your deposit were more than reasonable and no where near what the owner actually paidOur intent is to be reasonable and fair with the deposit dispositionThe charges that were assessed were reasonable and fair, but I am willing to ask the owner if she would be open to any adjustments I would like to present the owner with a reasonable request." The tenant responded stating that he demands his entire deposit backI sent him this email: "Please send me the text messages where the owner stated you could have your entire deposit back Again, the move-out paperwork states that the home was in ok/good condition, however, it did still need a general/light cleaning, minor maintenance, and paintingYou were charged a small amount for this Are you saying that you have no responsibility AT ALL for the cleaning, painting, and maintenance that needed to be done?" The tenant was not able to provide any text messagesHis wife emailed me and said they it was a verbal promiseI have checked with the owner of the property multiple times on this and she has assured me that she would never promise a tenant his entire deposit back without knowing the final conditionI responded to them with this email: "Thanks for your responseOkay - so there are no text messages as [redacted] stated? I know I also emailed him back when he told me that [redacted] made those statements and I said that we would be basing the deposit off of what was neededSo that was stated prior to your move-out and I can forward you that email if it helps clarify Can you please tell me what you are asking for so that I can present it to the owner? Please be reasonable with the understanding that the home did need a general/light cleaning, minor maintenance, and paintingYou were charged a small amount for thisWe sent you the invoices showing that these services were done to the home after your move-outThe painting was $1,and you were only charged a small portion of this." I have not received any of the text messages they were referring toI have NEVER had an owner make such a promiseThe home was in excellent condition when they moved inThe home required a light cleaning, some maintenance, and a full paint when they moved outThey were charged a small portion of this in an attempt to take reasonable wear and tear into accountIt is always our intent to be fair and reasonable with the deposit, but please realize we have TWO "customers" to serve in these situations: the owner and the tenantBoth have different opinions and our role is to help facilitate the transaction while keeping with the laws and the interests of both "customers." Both parties don't always agree and we are simply acting as agents in an effort to facilitate the transactionSometimes it is difficult to make everyone happy when you are acting as an agent who facilitates a transaction I have spoken with the owner about this at lengthShe still states that she did not ever offer a full refund to the tenants with the final condition sight unseenRegardless, there were some items that needed to be done in order to restore the home to it's initial condition (less wear and tear)The tenant's were charged a small portion of this which is in line with how Security Deposits should be handledWe are willing to work with the tenant to help resolve this but we are in a tough position because we act as a facilitatorThis is not our money and we do not have the final sayI have spoken with the owner and she is wiling to work with the tenants, but it is not reasonable for them to demand the entire deposit backIt is not reasonable that they would have NO obligation for the cleaning, maintenance, and part of the paint that needed to be done It is clear to me that the tenant has made multiple attempts even before he moved out to have no obligation for the condition of the home upon move-outThis is simply not the way rentals workWe were reasonable and fair in our disposition and are further willing to work with the tenants to resolve the issue - but it has to be reasonable We can proved his move-in/out statements, their deposit disposition, their Lease Agreement, invoices for what was done and any other email communications we have had I would like to request that you as the Revdex.com help us understand as a business how we can please BOTH "customers" while acting as agents who are facilitating a transaction? If the tenant does not like that they have to pay for their cleaning, but the owner also would not agree that they should cover that cost, and the guidelines state that the property must be returned in the condition received less wear and tear, how do we facilitate that in a way that avoids these situations? It is customary that if the home needs any cleaning upon move-out, it is taken from the depositThe home was clean when they moved inAgain, we have expressed to the tenant that we would present a reasonable request for an additional refund to the owner - he is maintaing his stance that he should not be responsible for anything that needed to be doneI can provide invoices for all that was doneWe do not send in vendors to do any cleaning, painting or maintenance unless we have toThe owners do not approve for us to do any work that is not absolutely necessaryPlease let us know if you need us to provide you with anything else

Initial Business Response /* (1000, 11, 2016/06/08) */
Please see the following messages I sent to the tenant when he requested that he receive his entire deposit back:
"I understand that you chose to move-out before the term had ended (per the 60-day notice). The pro-ration was based upon the...

term that was listed in the 60-day notice you received. You would have needed to provide a 30-day notice to us in order to change the ending term.
The final disposition was sent in the time frame required. It is never our intent to withhold anything that is not reasonable and fair. I will check with the owner of the property regarding the paint to see if she would be willing to make any alterations to the deposit refund. I will get back to you as soon as I hear back.
I am looking through our communication and I see that I was clear that you would be charged through the 5th of the month and that the deposit would be done based on any reasonable cleaning/repairs needed. I spoke to the owner and she was very clear with me that she has never stated that you would simply "get your deposit back" in full. I was not there when you spoke to her, but I have never had an owner make that statement before. The owner indicated that she was asked about the deposit and she stated that she did not know.
As you know, the house was listed for sale by a realtor. It did not sell so the owner had to put it back on the rental market.
I hope these previous communications are helpful in clarifying what was represented. Please let me know if you need anything else."
The tenant maintained his position and I send him this email:
"I hope you received the emails I forwarded you last week. I know that I communicated clearly to you via email that we would be pro-rating rent based on the 60-day notice.
Regarding the charges for painting, can you please clarify what specifically you are asking for? Please note that the owner paid $1,300 to have the interior re-painted and you were only charged for a small portion of that. Please let me know what you are asking for and I will talk to the owner."
The tenant maintained his position that he wants his entire deposit back and I sent him this email:
"I have invoices for cleaning and maintenance that we had to do in order to restore the home to it's previous condition. We would not have sent a cleaner if this home was cleaned to the rent ready standard you received it in. Based on the charge of the cleaning, I can tell that it was a light or general cleaning - rather than a heavy cleaning. This is what your paperwork reflected. The home was not filthy, but it did need a general cleaning throughout. I would like to present the owner with a reasonable request. The home required cleaning, maintenance, and painting in order to restore it back to it's initial condition. As you know, you were not charged for the majority of what was done. You also received copies of the invoices showing that this work was in fact completed. Again, we would not have done any of these items if they weren't needed.
Also - You sent me multiple emails before you even moved out stating that the owner told you that you "could have your whole deposit back." I asked the owner about this multiple times and she stated that she would never say that. It is clear that you are using various tactics in an attempt not be charged for any of the cleaning and/or maintenance that was required to put the home back into it's initial condition less normal wear and tear. The charges on your deposit were more than reasonable and no where near what the owner actually paid. Our intent is to be reasonable and fair with the deposit disposition. The charges that were assessed were reasonable and fair, but I am willing to ask the owner if she would be open to any adjustments.
I would like to present the owner with a reasonable request."
The tenant responded stating that he demands his entire deposit back. I sent him this email:
"Please send me the text messages where the owner stated you could have your entire deposit back.
Again, the move-out paperwork states that the home was in ok/good condition, however, it did still need a general/light cleaning, minor maintenance, and painting. You were charged a small amount for this.
Are you saying that you have no responsibility AT ALL for the cleaning, painting, and maintenance that needed to be done?"
The tenant was not able to provide any text messages. His wife emailed me and said they it was a verbal promise. I have checked with the owner of the property multiple times on this and she has assured me that she would never promise a tenant his entire deposit back without knowing the final condition. I responded to them with this email:
"Thanks for your response. Okay - so there are no text messages as [redacted] stated? I know I also emailed him back when he told me that [redacted] made those statements and I said that we would be basing the deposit off of what was needed. So that was stated prior to your move-out and I can forward you that email if it helps clarify.
Can you please tell me what you are asking for so that I can present it to the owner? Please be reasonable with the understanding that the home did need a general/light cleaning, minor maintenance, and painting. You were charged a small amount for this. We sent you the invoices showing that these services were done to the home after your move-out. The painting was $1,300 and you were only charged a small portion of this."
I have not received any of the text messages they were referring to. I have NEVER had an owner make such a promise. The home was in excellent condition when they moved in. The home required a light cleaning, some maintenance, and a full paint when they moved out. They were charged a small portion of this in an attempt to take reasonable wear and tear into account. It is always our intent to be fair and reasonable with the deposit, but please realize we have TWO "customers" to serve in these situations: the owner and the tenant. Both have different opinions and our role is to help facilitate the transaction while keeping with the laws and the interests of both "customers." Both parties don't always agree and we are simply acting as agents in an effort to facilitate the transaction. Sometimes it is difficult to make everyone happy when you are acting as an agent who facilitates a transaction.
I have spoken with the owner about this at length. She still states that she did not ever offer a full refund to the tenants with the final condition sight unseen. Regardless, there were some items that needed to be done in order to restore the home to it's initial condition (less normal wear and tear). The tenant's were charged a small portion of this which is in line with how Security Deposits should be handled. We are willing to work with the tenant to help resolve this but we are in a tough position because we act as a facilitator. This is not our money and we do not have the final say. I have spoken with the owner and she is wiling to work with the tenants, but it is not reasonable for them to demand the entire deposit back. It is not reasonable that they would have NO obligation for the cleaning, maintenance, and part of the paint that needed to be done.
It is clear to me that the tenant has made multiple attempts even before he moved out to have no obligation for the condition of the home upon move-out. This is simply not the way rentals work. We were reasonable and fair in our disposition and are further willing to work with the tenants to resolve the issue - but it has to be reasonable.
We can proved his move-in/out statements, their deposit disposition, their Lease Agreement, invoices for what was done and any other email communications we have had.
I would like to request that you as the Revdex.com help us understand as a business how we can please BOTH "customers" while acting as agents who are facilitating a transaction? If the tenant does not like that they have to pay for their cleaning, but the owner also would not agree that they should cover that cost, and the guidelines state that the property must be returned in the condition received less normal wear and tear, how do we facilitate that in a way that avoids these situations? It is customary that if the home needs any cleaning upon move-out, it is taken from the deposit. The home was clean when they moved in. Again, we have expressed to the tenant that we would present a reasonable request for an additional refund to the owner - he is maintaing his stance that he should not be responsible for anything that needed to be done. I can provide invoices for all that was done. We do not send in vendors to do any cleaning, painting or maintenance unless we have to. The owners do not approve for us to do any work that is not absolutely necessary. Please let us know if you need us to provide you with anything else.