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onClick Corporation

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September 19, 2014Dear [redacted] & [redacted] and Whom it May Concern,Please note that all decisions as to the disposition of the security deposit and claims against the tenants are the landlord's. The undersigned property manager does not control the landlord's decision making process. The...

following is to explain events and offer the tenant the opportunity to correct the situation between them and the landlord and as to the defamatory re[redacted]s published on the internet and with the Revdex.com.We acknowledge that [redacted] did meet with Stuart F[redacted] at the home on August 4, 2014. Stuart said he explained that an actual move-out inspection must only be performed once the home is fully vacated of personal items and all cleaning is completed. Stuart's notes from that day show several concerns and need for repairs. They discussed the storm door which [redacted] stated was pre-existing and had rotted. The [redacted]'s asked Stuart if they could leave the kitchen shelves, which they had installed. Numerous picture hanging nails were used down the walls in the hallway that would likely be considered beyond a "reasonable number of picture hanging nails" as stated in the lease. Also, the need for the [redacted]'s to remove cable installed without the landlord's consent, which [redacted] acknowledged they had installed. Stuart also stated he and [redacted] both observed a red/pink [redacted] on the carpet in the hallway where Stuart discussed the need to have all carpets professionally cleaned and that we would need a copy of that receipt. At that time Stuart did not notice a dog smell. Stuart walked through the home with **. [redacted] during that early August visit but due to personal items and doors opened Stuart did not see, nor did [redacted] mention, the damage to wood work later found. All trim was freshly painted at move in as documented in our attached photographs.September 11, 2014 we received three phone calls from [redacted] and he spoke with three different members of our staff, including Stuart and I. Each person tried to discuss the items of concern Brown Carrera Realty and the landlord discovered after the carpets were allowed to dry, home was fully vacated and cleaning smells had dissipated. Unfortunately we were constantly interrupted by him.We reminded [redacted] that the landlords' written disposition of the security deposit would be sent to them in the time frame allowed in the lease. As of today we are still within that time frame as the [redacted]s vacated on August 20, 2014. During these three calls received from [redacted], he continued to accuse our staff of "lying" and that "anyone we hire to evaluate the carpet will be lying". We asked that any of his concerns be put in writing so we could forward them to the landlord for reply. [redacted] said he would have a friend, who is a police officer, inspect the "allegedly damaged carpet". We did refuse since the cause and correction for any damage must be determined by a qualified professional, licensed in the State of Virginia to evaluate stain and odor removal of carpet. It was our hope that [redacted], who has 23 years of experience and is IICRC certified, would be able to remove both the [redacted]s and odor that remained after drying. Due to [redacted]'s repeated calls on Sept. 11 with many accusations but no new information Stuart said: "[redacted] I'm going to hang up but please put your concerns in writing-Goodbye." Due to the fact that [redacted] did not desist Stuart again stated; “If there is anything you disagree with please put it in writing and we are happy to present your concerns to the landlord for reply. I'm going to hang up now, goodbye."On September 15, 2014 we received [redacted]'s statement posted to our companies [redacted] page at 4:23 AM which states in-part: “AVOID THIS COMPANY AT ALL COST, DO NOT DO BUSINESS WITH THEM. Unethical practices and they are worst then thieves.” (sic). We then received [redacted]'s Revdex.com complaint filing on September 15, posted at 4:27 AM with a disputed amount of $1,500. [redacted]'s email to our office on Sept 15 at 5:06 AM with a copy of the Revdex.comofiled complaint. [redacted]'s email sent on Sept 15 at 5:05 AM to our office stating in-part "I hope your A+ rating goes down. I wish I could file criminal charges against you but it's a civil matter" and "please return my security deposit, minus the propane." Note that this emailed statement is in direct conflict with the disputed amount in which [redacted] filed with the Revdex.com just 30 minutes before. Then again on Sept. 15 at 10:54 AM [redacted] emailed our office stating in-part "I will be posting my review on [redacted] next...then I will search the internet to post more reviews about what your company did to me. Also look under review on your [redacted]. I will not post any untrue statements or lies about your business. The only money you should be taking out of my security deposit is for the propane"B[redacted]-Carrera Realty LLC disputes many of the statements [redacted] and [redacted] have made and are providing supporting documentation which is attached;1. [redacted] stated on two postings "I rented a house from Brown-Carrera for 2 years. Never been late.” This is not true. See attached signed notes from the [redacted]'s regarding late payments, all 5 day noticesto pay rentor quit as a result of late payments and a bounced check. We've provided documentation of 5 occurrences for your review.2. [redacted] states that he informed us “the property would be vacated on August 18, 2014 and requested a walk-thru of the residence." Stuart and I planned to perform this walkthrough with the [redacted]'s since July 31, 2014 on the last week of August based on their written notification provided.We have no documentation that supports [redacted]s statement above of an earlier move out inspection than the last week of August. Only a letter signed by both [redacted] and [redacted], dated July 31, 2014 stating “I am writing this letter to notify you of my intent to vacate my residence in 30 days from the date of this letter. That will set my final move outdate of August 31, 2014."On August 19" [redacted] called our office requiring an earlier move out inspection with one day's notice. Emily in our office informed [redacted] that Stuart and Robin were not available to do a move out walk through on August 20 but offered to let [redacted] speak to my father, Bob B[redacted], who happened to be in. **. B[redacted] is a co-owner of Brown-Carrera Realty LLC as stated but has been retired for over 5 years. **. B[redacted] also had no previous knowledge of the condition of the property at move in but offered to do the best he could. On August 20, 2014 at 11:00 AM **. B[redacted] met with [redacted] at the property to conduct a move out walkthrough and found the [redacted]s were still removing personal items, cleaning and carpets were wet from cleaning. [redacted] is correct that **. B[redacted] recalls no known items of concern during this inspection and did make a comment that they were “likely eager to get back their security deposit so he'd report his findings." **. B[redacted] also recalls that carpets were still drying from cleaning that morning, personal items were still being removed out of the home by the [redacted]'s and cleaning products could be smelled throughout as two women were in the process of mopping floors while he was there with Lysol or similar product. **. B[redacted] was with **. [redacted] the entire time but was never showed or questioned about the damage to wood work or asked about the remaining two satellites and cables left behind. **. B[redacted] was asked for a statement of that meeting which is attached. The carpet cleaning receipt [redacted] provided from High Quality home Improvement, to the best of our knowledge, is not a licensed business at all. The business address on this receipt is a private home. See attached. In addition, the $100 fee charged for carpet cleaning is significantly less than the typical fees charged in this area to professionally clean this square footage of carpet. The reason we mention this, is that improper carpet cleaning may have played a factor in the embedded smells and staining remaining after the carpets had dried. Please see the attached photographs and evaluation provided by [redacted] & Installation LLC on August 27, 2014 who stating carpet cleaning would cost $210 to attempt a re-cleaning but noted "Red stains are permanent, & Dog Odor will only be able to remove 70%." Based on this information the carpets continued to be checked the landlord hoping the smell would dissipate, but it did not. On September 4, the landlord was provided an estimate from [redacted] Floors, Inc. which is the installation division of [redacted]. This invoice is attached. The carpets were replaced as invoiced. If the [redacted]'s wish to verify installation they can call [redacted] Floors directly or we will let a friend into the property to verify as this does not require a professional opinion.The landlord was left with $2,483.72 of expenses.$388.20 to fill the two propane tanks. The initial quote was $570.44 but actual fuel needed was $388.20. We are in receipt of the estimate but not the actual paid receipt. $75.00 for one lawnmowing which was needed for the last 11 days of the month as required by lease. Utilities were also a tenant's responsibility through the end of August. No billing has arrived as of yet to determine if utilities were charged to the [redacted]'s or the Landlord.• $200.00 was quoted for materials and labor to repair wood damage not noted at move in, not reported by the [redacted]'s and found once the home was fully vacated.• $348.00 quoted to remove the two exterior dishes installed on the roof, cables left partially attached on the side of the home and running under the front door upon vacating. Please note that the [redacted]'s agreed in the lease not to do any improvements or additions without the landlord's written consent and were also provided a separate letter reminding [redacted]'s of this requirement at move-in. See attached. Stuart had also discussed the need to remove what **. [redacted] had installed during the August 4 walkthrough as cable was found run under carpeting.• $1,472.52 fee to replace the two year old carpeting the landlord was required to replace to correct staining and odor which could not be remedied.In Summary, we do have an obligation, as an agent of the landlord, to conduct a move out walkthrough of the property with the tenants to identify any known items of concern that may be deducted from a tenant's security deposit. This was performed at the tenants' request. The tenant also has an obligation as stated in Section 19 of the lease to “not deliberately destroy, deface, damage or remove any part of the Premises, nor permit any persons to do so. The Tenant shall pay for any repairs or replacements made necessary due to deliberate, accidental or negligent acts or omissions of the tenant, tenant's family, guests, employee's or pet(s)". It is unfortunate that Stuart and I, who are familiar with this property's condition at move-in, were not able to conduct this final move-out inspection due to the [redacted]'s unexpected change in their actual move outdate. Stuart and I were out of state driving a daughter's car home from college. Otherwise we would have been present.Regardless, we believe that anyone would have agreed the [redacted]'s had nearly completed cleaning, the yard was mowed as of Aug. 20" and the excessive nail holes down the hallway in the home were patched and painted as stated. This is not disputed. We do understand the [redacted]'s frustration in hearing about the needed repairs after relocating, but the fact still remains that the end result was financial damage of $2,483.72 incurred as a result of the [redacted]'s actions.The [redacted]'s application to lease this home was accepted by the landlord, largely based in-part on their written statement that they had no pets. Their realtor, in the attached letter dated July 20, 2012, states "No smokers and No pets." Since the landlord had just freshly painted the walls ceilings and trim and installed new carpeting this was a compelling reason to rent to the [redacted]'s.On January 7, 2013 while Brown-Carrera Realty LLC was attempting to serve a 5 day notice to Pay Rent or Quit, we were prevented from doing so by a dog in the yard. We were instructed by the landlord to issue a 21/30 Day Notice informing the [redacted]'s that no dog would be allowed on the property without the landlord's written consent. This notice included the Section of the lease in which they were in violation and instructions on how they could apply for the landlord's written consent. Even after this written warning the [redacted]'s continued to allow this dog on the property weekly without the landlords consent or our knowledge.[redacted] filed a complaint with the Revdex.com containing false information, posted statements to our company [redacted] page and Yelp, all including false statements as documented. We have consulted with our attorney, Jerome Friedlander, who advised us he will file a Defamation of Character Suit against [redacted] and [redacted] if inappropriate and/or false information is not withdrawn immediately. This is not our desire as we understand the frustration. In short this damage was not pre-existing, Brown Carrera Realty LLC, as well as the landlord has no financial benefit in performing these repairs and the [redacted]'s are responsible for the damages caused as stated in the lease.The landlord has 45 days to disburse. As of today the landlord has instructed our office to provide an itemized statement of estimated deductions to be charged against the deposit as provided above. We hope this letter, the photographs and the included documentation will better explain the landlord's position.Please let us know in writing if you have any questions.Respectfully submitted,  Robin  F, Broker  Agent for Landlord

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