Initial Business Response /* (1000, 5, 2015/10/15) */
We disagree that the complaintant "adequately followed" our moving out protocol
In his own words we offered to do a month lease but he found that our "prices were too high" so he decided to make other arrangementsThat was entirely
his decision
Missouri real estate law is that if a tenant has not vacated by the last day of the month, they owe rent for the entire monthSince he didn't move out until "September 19th and 20th", he owed rent for the month of SeptemberThere is no proration for the holdover time period
The lease states that it is the tenant's obligation to "have all carpets professionally cleaned to lessor's satisfaction within hours prior to move out and provide lessor a copy of a paid receipt for the carpet cleaning." Elsewhere in the lease there is a "settlement charges guide" whereby the tenant agrees that if we must make any repairs or do any cleaning, they will be charged for the repair or cleaningIt states that cleaning carpet is $per roomHe was charged $for carpet cleaning ( rooms ), so we only charged what was defined in the lease
In the same document of settlement charges guide, it is specific about cleaning and we charged a total of $for cleaning floors, walls, ceilings, baseboards, cabinets, ceiling fans, etc
In the lease there is defined an $non refundable administrative fee
The complaintant was charged as follows
$non refundable administrative fee
$general cleaning
$carpet cleaning
$Total
His security deposit was $300, and after the aforementioned expenses he was refunded $
This was exactly what he agreed to in the lease documents, and he has no reason to complainIn fact, he had the option of having the carpet cleaned himself, and he chose to not do it
Our position is that the tenant has no reason for any complaint, since he was charged what he agreed to contractually
Sunrise Management
Initial Business Response /* (1000, 5, 2016/06/20) */
Mr*** did not give you the whole, or entirely truthful, storyA Mrs*** came into our office by herself and wanted to see a particular rental house, which we showed to herShe apparently liked it because she filled out and signed an
application and paid us the security deposit requiredAlso offering to pay the entire year's rent in advanceThe application states very clearly "deposits must be paid with a cashier's check or money order ( no cash accepted ) and will be immediately cashedIf any bank or financial institution rejects the check or money order, this application will be immediately rejectedIf applicant is rejected, the deposit will be refundedOnce the application is approved, the deposit will not be returned for any reason." Mrs*** ( *** T*** ) initialed this paragraph and signed the application on June 1, The application was approved on June 3, and the deposit put in the bank on June 7,
Mr*** came into the office several days later demanding a refund and was told that no refund would be forthcomingMrs***, who is of legal age and has legal capacity signed a binding aqgreement and now they want to back outWhen an application is approved, we take the property off the market, so when someone signs an agreement, we make the property unavailable to anyone elseConsequently, and in this case, we made the property unavailable, did not attempt to rent it, and have found ourselves in a position of having a vacant property, because the prospective tenant changed their mind
When Mr*** came to the office he started right in yelling and cursing at the office staffYeah, he's a real class act, that oneHe was so animated and yelling and cursing the office manager came and got me because she felt he was getting out of handWhen I confronted him he tried the same act, and I promptly told him to leave the office until he could control himself and act like a reasonable personI offered to show him the document his wife signed, but he said he didn't care about seeing "any *** document" and all he wanted was to get his "*** money back." He left the office but pulled up to the front door, honked his horn and gave us the infamous one finger saluteYet another class actI'm sure his mother would be proud of him and his actions
Why didn't Mrs*** write to Revdex.com? Because she knows she signed a legal, binding agreementShe came into the office, conducted herself like a lady, asked for a refund, was denied, and understood whyShe appears to be intelligent enough to understand the meaning of a binding agreementEvidently her husband is unable to comprehend what that meansIf Mr*** is still unhappy, he might consider taking the matter to courtI doubt he would scream, yell and curse in front of the judge, but at least he would have an opportunity to prove his point, as would I, and I would be most happy to present the real facts to the judge
I can prove that there was a valid, signed contract documenting what I have explained hereCan Mr*** do the same? No, because he made statements that are incorrectThis is part of the problem with the Revdex.comAnyone can make a complaint, but they don't need to prove what they sayAdditionally, Mr*** committed slander in his letter to Revdex.com, and in the opinion of my attorney, who I have consulted about this matter, not only did Mr*** commit slander and defamation, Revdex.com participated in the illegalities by publishing his and slanderous statementsAt this juncture, I consider this matter to be finished and expect Revdex.com to enter an opinion that it was satisfactorily completed
*** ***
Initial Business Response /* (1000, 5, 2017/03/06) */
The complainant wants to break the lease. Very simply, we did not agree that they do so. The lease states "in the event that lessee wishes to vacate the above described premises before the expiration of the term provided herein, lessor, may,...
at lessor's sole option, release lessee from further liability...........". We did not agree to release them. Their lease is in effect until September 30, 2017 and they were sent a letter dated February 10, 2017 that states "we are aware that you want to break your lease. We do not agree that you do so." We could not be any more clear than that. They just didn't like our answer and now want to complain.
Regarding the late charges, their lease states very clearly "Lessee covenants and agrees to pay the lease payments for said demised premises in equal monthly installments of (amount left blank for their privacy) each due on or before the 1st day of each month. In the event lessee does not pay rent when the same is due, lessor will assess a $10.00 service fee plus late charges at the rate of Five Dollars ($5.00) per day beginning on the first day of the month in accordance with the provisions herein."
Regarding the utilities the lease says "Lessee will keep utilities turned on in lessee's name for the full term of this lease." It cannot be any more clear than that.
It is not our responsibility to find a replacement tenant for the property since there is a current, valid lease on the property. Yes, the current residents have sent a couple of prospective new tenants to our office, but they did not meet the necessary qualifications to rent the property. We are not obligated or required to rent to a replacement tenant who does not meet our criteria.
The complainant doesn't seem to understand that a lease is a binding contract and they are obligated to abide by all terms and conditions contained therein. They stated they are not going to pay March rent, but they should be advised we will take all legal steps available to us to collect not only March rent but for the balance of the lease term. The choice is entirely theirs and if they choose to not abide by the lease, they have brought any negative consequences on themselves. The choice is theirs.
Sunrise Management
Initial Consumer Rebuttal /* (3000, 8, 2017/03/08) */
Regarding letting us out of the lease, why would [redacted], the owner discuss with me the buy-out options, and then not return any emails AT ALL, to clarify? If he was not going to let us out of the lease, why discuss the terms of it?
Regarding wanting to complain, not true, this is the only way you have responded to our attempts to come to a resolution.
Regarding the utilities, if the lease is broken, then there is no lease.
And actually, it is part of your responsibility to help find a replacement tenant. Under Missouri law (Rhoden Inv. Co. v. Sears, Roebuck & Co, 499 S.W.2d 375 (Mo. 1973) Mo.Rev.Stat. 535.300) a landlord must make reasonable efforts to re-rent a unit, and can not simply sit back and continue charging the ex-tenant fees and rent.
I have sent several emails about coming to an amicable solution, and once again in your response to this complaint through the Revdex.com, you threaten legal action.
Final Business Response /* (4000, 10, 2017/03/10) */
Regarding letting the complainant out of the lease, I never agreed to let them out. In fact, quite the opposite. The reason no emails were returned is because no emails were ever received.
And actually, you're almost right about our responsibility to find a replacement tenant. Once a lease is broken we are required to attempt to mitigate damages, but the complainant didn't mention that they were in possession of the property through the full month of February and into March. Our position has been, and is, that there is a valid lease until September 30, 2017 and the complainant is required to pay rent. They stated that they will not pay March rent and they turned in keys for the first time on March 7, 2017. Since they broke the lease, NOW we are required to mitigate damages.
As far as coming to an amicable solution, the complainant needs to comply with the contractual agreement they signed. We have not agreed and will not agree to release them from their liability and obligation.
The tenant is correct in that her self-cleaning oven locked up and the door would not open. We ordered a new stove for her from a local supplier. It took a couple of days for the stove to arrive in Springfield and we set an appointment to have it delivered to the tenant's residence....
When we got there and took the stove out of the box, the handle was broken on the new stove. We had no choice but to order another stove, which we did.When it came in, we attempted to deliver it but discovered that the tenant had changed the locks on the house and we, as the landlord, did not have a new key, meaning we couldn't get in, so the stove was taken back to the supplier. We contacted the tenant and advised her we must have a key not only for this situation, but for any other time we need access. She was asked to bring a key to our office, and if it was after business hours to drop it through the drop slot in our front door. She didn't do it.We went to her residence and left her a note that we had been there, but still had no key and still couldn't get in to deliver the new stove. She came to our office at approximately noon and started screaming and yelling at our office manager, which we do not appreciate. She finally gave me a key and said it was the one that would get us in. I told her we would make arrangements to deliver the new oven as quickly as the supplier could do it. She kept yelling she hadn't been able to feed her children for a week, which simply isn't true. No, she couldn't use the oven, but she had the stove top, and most people today have a microwave.
Initial Business Response /* (1000, 5, 2016/11/09) */
We have had the house treated twice by a professional exterminating company. The first time was on Sept 27, 2016 and the next was on Oct. 19, 2016. The complainant says they have done everything possible to eradicate the fleas, but there is no...
way of knowing that for certain. Whether on the inside or outside of the house, if, in fact they treated the property, we have no way of knowing what product they used and what it was supposed to be used for.
We also don't know the condition the people keep the house in. Do they follow the instructions of the exterminator following treatment? Are there piles of clothes laying around? What are they doing to solve the problem? The exterminators can do their job, but the people must cooperate with them and do their part as well.
We are going to have a different exterminator contact the people and arrange for yet another treatment on Friday, November 11, 2016. There is nothing more we can do.
Initial Consumer Rebuttal /* (3000, 7, 2016/11/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We are using the products [redacted] sells. We have been vacuuming every other day. We vacuumed 2 times a day after each visit from [redacted]. We keep everything in bins due to the fact the carpets smell of animals. And yes we have used the Bags of flea killer it says FLEA KILLER ON IT. WE TOOK EVERYTHING OUT OF THE HOUSE THAT COULD BE MOVED 2 TIMES FOR [redacted]. SHOVED MY VAN FULL OF EVERYTHING THAT WAS MOVABLE. MY MOM HAS VACUUMED EVERYDAY FOR WEEKS. I DO NOT LIKE THIS BEING PUT ON US. SUNRISE IS SLUM LORDS. THEY LIED TO THE OWNER AND TOLD HIM THAT THEY CLEANED THE HOUSE. THEY LIED TO THE OWNER ABOUT THE FLEAS HE TOLD ME HE HAD NO IDEA THERE WAS ANY PROBLEMS WITH THE PROPERTY. HE ALSO SAID THAT THEY ARE TO PAY FOR THE EXTERMINATOR SINCE THE FLEAS WERE HERE WHEN WE GOT HERE I HAVE ALL THE TEXTS AND EMAILS FROM EVERYONE. WHEN YOU RENT A HOUSE OUT YOU ARE SUPPOSE TO MAINTAIN A STANDARD AND THE ONLY TIME CLOTHES ARE THE FLOOR SNOOPY [redacted] COMING IN AND OUT WHEN WE ARE GONE IS WHEN I AM SORTING OUT FOR LAUNDRY. WE COME HOME MULTIPLE TIMES AND HAD DOORS LEFT OPEN. OUR SECURITY CAMERAS ARE LEFT ON AND I KNOW PEOPLE ARE COMING IN AND OUT. I WOULD LIKE TO REQUEST THE RECEIPT FOR CARPET CLEANING CAUSE IF IT WAS CLEAN THEN THE HOUSE WOULD NOT SMELL LIKE DOG URINE. THIS COMPANY HAS NOT DONE EVERYTHING THEY CAN. [redacted] IS WHAT WE USED ON THE CARPETS AND OUTSIDE. 4 BAGS OF IT. WE ALSO FOLLOWED INSTRUCTIONS LIKE SAID. IF WE ARE SUCH BAD TENANTS WHY HAVE WE NEVER HAD PROBLEMS BEFORE. TELL ME THAT... TELL ME WHY ALL THE NEIGHBORS HAVE COME TO US TELLING ABOUT THE PREVIOUS TENANTS., LIKE I SAID AS WELL I CAN NOT LIFT OVER A CERTAIN WEIGHT AND IF NOONE HELPS WE CAN NOT MOVE STUFF AROUND. I HAVE A FULL METAL JACKET IN BACK AND CONSTANTLY HAVING TO MOVE [redacted] AROUND IS HARD FOR ME. WE DO COOPERATE WITH THE FLEA GUY [redacted] HE SAYS ALL THE PROPERTIES ARE DISGUSTING. I SHOWED THE FLEA GUY THEY USED WHAT WE USED ON THE YARD. I HAVE TRIED TO BE NICE TO THIS OFFICE BUT THEY ARE LIARS, AND SHOULD NOT BE ALLOWED TO RENT TO ANYONE. THEY WAY THEY RESPOND IS RUDE AND DEFENSIVE THEY DONT LET YOU SPEAK BEFORE THEY ARE RUDELY JUMPING BACK IN A SMART AS TYPE OF WAY. WE HAVE 2 VACUUM CLEANERS WE USE IN THE HOUSE. THE FLOORS ARE FILTHY WE HAVE USED BLEACH ON THE FLOORS TO GET THE STICKY RESIDUE UP AND IT DOES NOT COME UP. ALL THE SINKS WERE CLOGGED WHEN WE MOVED IN MY HUSBAND HAD TO UNCLOG THEM. ALSO I DO OWN LOTS OF CLOTHING BUT WHAT THE [redacted] DOES THAT HAVE TO DO WITH ANYTHING. PLEASE TELL ME THAT. I KEEP EVERYTHING IN LAUNDRY BASKETS WHY BECAUSE ALL OF MY DRESSERS ARE STILL AT OUR OTHER HOUSE. BUT I CAN TELL YOU THE NEXT TIME YOU TRESPASS AND COME IN THE HOUSE AND I CATCH THEM ON CAMERA AGAIN I WILL GET THEM FOR VIOLATING THE TENANT LANDLORD LAW OF UNLAWFUL ENTRY WITHOUT NOTIFICATION. I KEEP A BOTTLE OF[redacted] FLEA AND TICK SPRAY IN THE LIVING ROOM AND I SPRAY IT EVERYNIGHT BEFORE BED TO KEEP THE FLEAS AT BAY. IT HAS PEPPERMINT OIL IN IT WHICH IS A DETERRENT IF YOU WOULD LIKE GIVE ME A CALL AT BEDTIME AND COME ON OVER SO YOU CAN HOW WE DO THIS EVERY NIGHT. I START BY THE TV SPRAY LEFT TO RIGHT I BACK UP I SPRAY SOME MORE THEN I BACK UP MORE UNTIL I AM AT MY BED ROOM DOOR THEN I DO IT SOME MORE. WITH MY DAUGHTER HAVING ASTHMA WE CAN NOT USE THE HARSH CHEMICALS THAT MOST PEOPLE DO. THIS IS WHAT WE WERE TOLD TO USE. I WILL GLADLY MOVE OUT AND THEY CAN TAKE MY DEPOSIT AND SHOVE IT. BUT DO NOT QUESTION MY INTEGRITY, OR MY HONESTY, DO NOT QUESTION HOW I LIVE. I HAVE HAD DOGS MY ENTIRE LIFE AND NEVER HAD FLEAS EVER. THIS IS THE FIRST TIME. AND THE NEIGHBORS CAN BE QUESTIONED AS TOO HOW MANY PEOPLE HAD LIVED HERE BEFORE WE MOVED IN. IT WOULD NOT BE SO BAD IF THEY WERE UPFRONT WITH US WHEN WE SIGNED THE LEASE. HEY THERE WAS 6 PEOPLE LIVING HERE AND 4 PLUS ANIMALS, AND IF THEY ACTUALLY CLEANED THE CARPETS, OR [redacted] CLEANED ANYTHING WITH ACTUAL CLEANER. WIPING THE COUNTERS DOWN WITH WATER. I AM SURE ONE OF THE SIX COUPLES THEY HAVE ON A WAITING LIST FOR THIS HOUSE WILL JUMP RIGHT ON THAT AND LET THEM DEAL WITH THE FLEAS. AND NO MY DOG HAS NOT BEEN LIVING WITH US SHE IS IN OKLAHOMA WITH MY HUSBAND. LAST TIME SHE WAS HERE WAS WHEN THEY ARRIVED 230 LAST SATURDAY AND HE LEFT WITH HER SUNDAY AROUND 4PM . AND THE NEXT TIME SOMEONE CALLS ME FROM THAT OFFICE THEY BETTER HAVE THEIR FACTS STRAIGHT. I NEVER CALLED THEM YESTERDAY I WAS AT WORK ALL DAY AND ON THE PHONE FOR 40 MINS TALKING TO MY ATTORNEY IN OKLAHOMA WHEN TONI CALLED ME AND GOT IGNORANT TELLING ME I DID CALL. BUT I WILL SAY AS LONG AS WE ARE RENTING AND OUR LEASE IS ACTIVE I WILL TAKE ANYONE COMING AS TRESPASSING ON THE PROPERTY WHO IS NOT THE OWNER. WE WOULD LIKE A REQUEST OF KEY LOCK CHANGES AS WELL SO THAT THE MANAGEMENT COMPANY CANNOT COME IN THE HOUSE WITHOUT OUR KNOWLEDGE. THE[redacted] POWDER IS WHAT WE USED THE FIRST NIGHT WE MOVED 2 FULL BOTTLES OF THE POWDER. ALSO IF YOU TALK TO THE THREE PEST CONTROL PEOPLE I DID TODAY THEY WILL TELL YOU IT DOES NOT MATTER IF YOU HAVE ANIMALS THE FLEAS WILL ATTACH TO HUMANS AND COME INSIDE ON THEIR OWN. THAT IS ALL I HAVE TO SAY AND ANYTHING FURTHER WILL GO TO THE LOCAL NEWS STATIONS.
Final Consumer Response /* (4200, 11, 2016/11/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
All you have to do is not blame us. I have no problems with [redacted] he is nice and helpful when you call me at work and tell I called and demand I speak to you when I was in a meeting for 2 hours and never called. We did and have been vacuuming like we were told. I am not difficult I do not like people being [redacted] for no reason. We did not bring the fleas and the company coming out tomorrow stated you are suppose to leave set on carpet and other floor for 4 weeks then clean it up. We can vacuum but not wash and that is what we did with the last two times
BUT it seems like I turn heat on and then they start all over again. We are paying for the yard to be treated and I have already consulted an attorney he says u have to give us 24 to 48 hours before entering the house and according to my sensors that go off you are not doing that. Cameras don't lie. It is also illegal to enter with out telling us. The old lady across the street tells us when people come to the house. They have seen the previous tenant twice since we moved. So maybe you should take all keys beforeally renting place out. Besides the only ongoing complaint is the fleas which [redacted] from [redacted] pest control says it does not matter what you do until winter the fleas aregoing to stick around. So they will spray tomorrow but as long as we are walking in the yard the fleas are there. I never said anything about locking u out. So read over. But when we have doors open in the house and windows open when arrive back home someone is comimg in. But all I ask is for the fleas to be gone. That happens and [redacted] will be fine.
Final Business Response /* (4000, 9, 2016/11/10) */
I don't know how to respond to these people or make them happy. The most we can do is have a professional exterminator treat the house. As of tomorrow it will have been treated professionally 3 times, plus however many times they claim they have tried on their own. Something is right, here. If people have a professional exterminator treat a property, and then follow the instructions given them by the exterminator, I have never known how it is impossible to eradicate fleas.
AS for other issues, these people are all over the board, and I can't follow them or figure out what they want. Ban us from entering the house? Change locks and prevent us from entering? That's illegal. Trespassing? No so. Perhaps they would be better off speaking with an attorney who is familiar with Missouri law rather than Oklahoma.
Again, we are having the house treated by a professional exterminator on Friday, and don't know what other steps to take. It appears to me these people are impossible to satisfy.
Initial Business Response /* (1000, 5, 2015/07/30) */
Ms. [redacted] is correct that we managed her property for several years and the tenants moved out very recently. On the tenant's move in inspection sheet they listed 3 broken wall switch plates. Perhaps we missed counting a few others upon...
move out that Ms. [redacted] noted since her count was 9. I checked pricing for wall plates at Lowes and found them for [redacted] each as shown on their website and provide them to Ms. [redacted], or the cash value of [redacted]
Regarding the microwave, yes there was damage to the microwave. We estimate the microwave to be approximately 8 years old, so if Ms. [redacted] would like to document the value of an 8 year old microwave I will be happy to pay her the depreciated replacement value. [redacted] has a microwave for [redacted] so assuming a life expectancy of 10 years for the microwave, I will be happy to pay her the depreciated value of [redacted]
Making a judgment of what is or is not "normal wear and tear" is not an exact science. Given the fact that the tenants lived in the house for 4 years, and given the fact that they had multiple plumbing problems during their tenancy which were caused by deficiencies in the property we felt it was an acceptable trade off to not charge them a total of [redacted] damages. Ms. [redacted] should be grateful the tenants did not request compensation for their inconvenience on several occasions.
If Ms. [redacted] will contact us in writing requesting paymentwe will be happy to pay her a total of [redacted]
Initial Consumer Rebuttal /* (2000, 7, 2015/08/02) */
(The consumer indicated he/she ACCEPTED the response from the business.)
All I wanted was accountability and that was acknowledged. I will get them the receipts shortly. I thank [redacted] for his prompt response.
Initial Business Response /* (1000, 5, 2015/08/17) */
Ms. [redacted] was a little over-dramatic with her description of the problem. Her "ceiling falling off" was actually a piece of sheet rock tape measuring 1.5" x approx. 15", and at no time was the ceiling ever in jeopardy of falling in. She...
called emergency maintenance after hours when she first noticed the problem. That maintenance man went to look at it, assessed the problem and informed her it was not going to fall in, and told the regular maintanance man the next day what was going on. Admittededly, the regular maintenance man forgot about such a minor issue and failed to go back immediately, for which we apologize.
As of this date, the tape has been replaced and the first coat of sheetrock mud has been applied. The second and final coat will be applied tomorrow to finish the repair. We're sorry for this minor inconvenience, but it was never a major issue, only a cosmetic one.
Sunrise Management
Initial Consumer Rebuttal /* (2000, 7, 2015/08/18) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I wouldn't say I was being over dramatic. I also didn't say my ceiling was "falling in." They did fix it, however, and I do feel better that they finally followed through with their word.
Initial Business Response /* (1000, 5, 2015/10/15) */
We disagree that the complaintant "adequately followed" our moving out protocol
In his own words we offered to do a month lease but he found that our "prices were too high" so he decided to make other arrangementsThat was entirely
his decision
Missouri real estate law is that if a tenant has not vacated by the last day of the month, they owe rent for the entire monthSince he didn't move out until "September 19th and 20th", he owed rent for the month of SeptemberThere is no proration for the holdover time period
The lease states that it is the tenant's obligation to "have all carpets professionally cleaned to lessor's satisfaction within hours prior to move out and provide lessor a copy of a paid receipt for the carpet cleaning." Elsewhere in the lease there is a "settlement charges guide" whereby the tenant agrees that if we must make any repairs or do any cleaning, they will be charged for the repair or cleaningIt states that cleaning carpet is $per roomHe was charged $for carpet cleaning ( rooms ), so we only charged what was defined in the lease
In the same document of settlement charges guide, it is specific about cleaning and we charged a total of $for cleaning floors, walls, ceilings, baseboards, cabinets, ceiling fans, etc
In the lease there is defined an $non refundable administrative fee
The complaintant was charged as follows
$non refundable administrative fee
$general cleaning
$carpet cleaning
$Total
His security deposit was $300, and after the aforementioned expenses he was refunded $
This was exactly what he agreed to in the lease documents, and he has no reason to complainIn fact, he had the option of having the carpet cleaned himself, and he chose to not do it
Our position is that the tenant has no reason for any complaint, since he was charged what he agreed to contractually
Sunrise Management
Initial Business Response /* (1000, 5, 2016/06/20) */
Mr*** did not give you the whole, or entirely truthful, storyA Mrs*** came into our office by herself and wanted to see a particular rental house, which we showed to herShe apparently liked it because she filled out and signed an
application and paid us the security deposit requiredAlso offering to pay the entire year's rent in advanceThe application states very clearly "deposits must be paid with a cashier's check or money order ( no cash accepted ) and will be immediately cashedIf any bank or financial institution rejects the check or money order, this application will be immediately rejectedIf applicant is rejected, the deposit will be refundedOnce the application is approved, the deposit will not be returned for any reason." Mrs*** ( *** T*** ) initialed this paragraph and signed the application on June 1, The application was approved on June 3, and the deposit put in the bank on June 7,
Mr*** came into the office several days later demanding a refund and was told that no refund would be forthcomingMrs***, who is of legal age and has legal capacity signed a binding aqgreement and now they want to back outWhen an application is approved, we take the property off the market, so when someone signs an agreement, we make the property unavailable to anyone elseConsequently, and in this case, we made the property unavailable, did not attempt to rent it, and have found ourselves in a position of having a vacant property, because the prospective tenant changed their mind
When Mr*** came to the office he started right in yelling and cursing at the office staffYeah, he's a real class act, that oneHe was so animated and yelling and cursing the office manager came and got me because she felt he was getting out of handWhen I confronted him he tried the same act, and I promptly told him to leave the office until he could control himself and act like a reasonable personI offered to show him the document his wife signed, but he said he didn't care about seeing "any *** document" and all he wanted was to get his "*** money back." He left the office but pulled up to the front door, honked his horn and gave us the infamous one finger saluteYet another class actI'm sure his mother would be proud of him and his actions
Why didn't Mrs*** write to Revdex.com? Because she knows she signed a legal, binding agreementShe came into the office, conducted herself like a lady, asked for a refund, was denied, and understood whyShe appears to be intelligent enough to understand the meaning of a binding agreementEvidently her husband is unable to comprehend what that meansIf Mr*** is still unhappy, he might consider taking the matter to courtI doubt he would scream, yell and curse in front of the judge, but at least he would have an opportunity to prove his point, as would I, and I would be most happy to present the real facts to the judge
I can prove that there was a valid, signed contract documenting what I have explained hereCan Mr*** do the same? No, because he made statements that are incorrectThis is part of the problem with the Revdex.comAnyone can make a complaint, but they don't need to prove what they sayAdditionally, Mr*** committed slander in his letter to Revdex.com, and in the opinion of my attorney, who I have consulted about this matter, not only did Mr*** commit slander and defamation, Revdex.com participated in the illegalities by publishing his and slanderous statementsAt this juncture, I consider this matter to be finished and expect Revdex.com to enter an opinion that it was satisfactorily completed
*** ***
Initial Business Response /* (1000, 5, 2017/03/06) */
The complainant wants to break the lease. Very simply, we did not agree that they do so. The lease states "in the event that lessee wishes to vacate the above described premises before the expiration of the term provided herein, lessor, may,...
at lessor's sole option, release lessee from further liability...........". We did not agree to release them. Their lease is in effect until September 30, 2017 and they were sent a letter dated February 10, 2017 that states "we are aware that you want to break your lease. We do not agree that you do so." We could not be any more clear than that. They just didn't like our answer and now want to complain.
Regarding the late charges, their lease states very clearly "Lessee covenants and agrees to pay the lease payments for said demised premises in equal monthly installments of (amount left blank for their privacy) each due on or before the 1st day of each month. In the event lessee does not pay rent when the same is due, lessor will assess a $10.00 service fee plus late charges at the rate of Five Dollars ($5.00) per day beginning on the first day of the month in accordance with the provisions herein."
Regarding the utilities the lease says "Lessee will keep utilities turned on in lessee's name for the full term of this lease." It cannot be any more clear than that.
It is not our responsibility to find a replacement tenant for the property since there is a current, valid lease on the property. Yes, the current residents have sent a couple of prospective new tenants to our office, but they did not meet the necessary qualifications to rent the property. We are not obligated or required to rent to a replacement tenant who does not meet our criteria.
The complainant doesn't seem to understand that a lease is a binding contract and they are obligated to abide by all terms and conditions contained therein. They stated they are not going to pay March rent, but they should be advised we will take all legal steps available to us to collect not only March rent but for the balance of the lease term. The choice is entirely theirs and if they choose to not abide by the lease, they have brought any negative consequences on themselves. The choice is theirs.
Sunrise Management
Initial Consumer Rebuttal /* (3000, 8, 2017/03/08) */
Regarding letting us out of the lease, why would [redacted], the owner discuss with me the buy-out options, and then not return any emails AT ALL, to clarify? If he was not going to let us out of the lease, why discuss the terms of it?
Regarding wanting to complain, not true, this is the only way you have responded to our attempts to come to a resolution.
Regarding the utilities, if the lease is broken, then there is no lease.
And actually, it is part of your responsibility to help find a replacement tenant. Under Missouri law (Rhoden Inv. Co. v. Sears, Roebuck & Co, 499 S.W.2d 375 (Mo. 1973) Mo.Rev.Stat. 535.300) a landlord must make reasonable efforts to re-rent a unit, and can not simply sit back and continue charging the ex-tenant fees and rent.
I have sent several emails about coming to an amicable solution, and once again in your response to this complaint through the Revdex.com, you threaten legal action.
Final Business Response /* (4000, 10, 2017/03/10) */
Regarding letting the complainant out of the lease, I never agreed to let them out. In fact, quite the opposite. The reason no emails were returned is because no emails were ever received.
And actually, you're almost right about our responsibility to find a replacement tenant. Once a lease is broken we are required to attempt to mitigate damages, but the complainant didn't mention that they were in possession of the property through the full month of February and into March. Our position has been, and is, that there is a valid lease until September 30, 2017 and the complainant is required to pay rent. They stated that they will not pay March rent and they turned in keys for the first time on March 7, 2017. Since they broke the lease, NOW we are required to mitigate damages.
As far as coming to an amicable solution, the complainant needs to comply with the contractual agreement they signed. We have not agreed and will not agree to release them from their liability and obligation.
The tenant is correct in that her self-cleaning oven locked up and the door would not open. We ordered a new stove for her from a local supplier. It took a couple of days for the stove to arrive in Springfield and we set an appointment to have it delivered to the tenant's residence....
When we got there and took the stove out of the box, the handle was broken on the new stove. We had no choice but to order another stove, which we did.When it came in, we attempted to deliver it but discovered that the tenant had changed the locks on the house and we, as the landlord, did not have a new key, meaning we couldn't get in, so the stove was taken back to the supplier. We contacted the tenant and advised her we must have a key not only for this situation, but for any other time we need access. She was asked to bring a key to our office, and if it was after business hours to drop it through the drop slot in our front door. She didn't do it.We went to her residence and left her a note that we had been there, but still had no key and still couldn't get in to deliver the new stove. She came to our office at approximately noon and started screaming and yelling at our office manager, which we do not appreciate. She finally gave me a key and said it was the one that would get us in. I told her we would make arrangements to deliver the new oven as quickly as the supplier could do it. She kept yelling she hadn't been able to feed her children for a week, which simply isn't true. No, she couldn't use the oven, but she had the stove top, and most people today have a microwave.
Initial Business Response /* (1000, 5, 2016/11/09) */
S TYPE OF WAY. WE HAVE 2 VACUUM CLEANERS WE USE IN THE HOUSE. THE FLOORS ARE FILTHY WE HAVE USED BLEACH ON THE FLOORS TO GET THE STICKY RESIDUE UP AND IT DOES NOT COME UP. ALL THE SINKS WERE CLOGGED WHEN WE MOVED IN MY HUSBAND HAD TO UNCLOG THEM. ALSO I DO OWN LOTS OF CLOTHING BUT WHAT THE [redacted] DOES THAT HAVE TO DO WITH ANYTHING. PLEASE TELL ME THAT. I KEEP EVERYTHING IN LAUNDRY BASKETS WHY BECAUSE ALL OF MY DRESSERS ARE STILL AT OUR OTHER HOUSE. BUT I CAN TELL YOU THE NEXT TIME YOU TRESPASS AND COME IN THE HOUSE AND I CATCH THEM ON CAMERA AGAIN I WILL GET THEM FOR VIOLATING THE TENANT LANDLORD LAW OF UNLAWFUL ENTRY WITHOUT NOTIFICATION. I KEEP A BOTTLE OF[redacted] FLEA AND TICK SPRAY IN THE LIVING ROOM AND I SPRAY IT EVERYNIGHT BEFORE BED TO KEEP THE FLEAS AT BAY. IT HAS PEPPERMINT OIL IN IT WHICH IS A DETERRENT IF YOU WOULD LIKE GIVE ME A CALL AT BEDTIME AND COME ON OVER SO YOU CAN HOW WE DO THIS EVERY NIGHT. I START BY THE TV SPRAY LEFT TO RIGHT I BACK UP I SPRAY SOME MORE THEN I BACK UP MORE UNTIL I AM AT MY BED ROOM DOOR THEN I DO IT SOME MORE. WITH MY DAUGHTER HAVING ASTHMA WE CAN NOT USE THE HARSH CHEMICALS THAT MOST PEOPLE DO. THIS IS WHAT WE WERE TOLD TO USE. I WILL GLADLY MOVE OUT AND THEY CAN TAKE MY DEPOSIT AND SHOVE IT. BUT DO NOT QUESTION MY INTEGRITY, OR MY HONESTY, DO NOT QUESTION HOW I LIVE. I HAVE HAD DOGS MY ENTIRE LIFE AND NEVER HAD FLEAS EVER. THIS IS THE FIRST TIME. AND THE NEIGHBORS CAN BE QUESTIONED AS TOO HOW MANY PEOPLE HAD LIVED HERE BEFORE WE MOVED IN. IT WOULD NOT BE SO BAD IF THEY WERE UPFRONT WITH US WHEN WE SIGNED THE LEASE. HEY THERE WAS 6 PEOPLE LIVING HERE AND 4 PLUS ANIMALS, AND IF THEY ACTUALLY CLEANED THE CARPETS, OR [redacted] CLEANED ANYTHING WITH ACTUAL CLEANER. WIPING THE COUNTERS DOWN WITH WATER. I AM SURE ONE OF THE SIX COUPLES THEY HAVE ON A WAITING LIST FOR THIS HOUSE WILL JUMP RIGHT ON THAT AND LET THEM DEAL WITH THE FLEAS. AND NO MY DOG HAS NOT BEEN LIVING WITH US SHE IS IN OKLAHOMA WITH MY HUSBAND. LAST TIME SHE WAS HERE WAS WHEN THEY ARRIVED 230 LAST SATURDAY AND HE LEFT WITH HER SUNDAY AROUND 4PM . AND THE NEXT TIME SOMEONE CALLS ME FROM THAT OFFICE THEY BETTER HAVE THEIR FACTS STRAIGHT. I NEVER CALLED THEM YESTERDAY I WAS AT WORK ALL DAY AND ON THE PHONE FOR 40 MINS TALKING TO MY ATTORNEY IN OKLAHOMA WHEN TONI CALLED ME AND GOT IGNORANT TELLING ME I DID CALL. BUT I WILL SAY AS LONG AS WE ARE RENTING AND OUR LEASE IS ACTIVE I WILL TAKE ANYONE COMING AS TRESPASSING ON THE PROPERTY WHO IS NOT THE OWNER. WE WOULD LIKE A REQUEST OF KEY LOCK CHANGES AS WELL SO THAT THE MANAGEMENT COMPANY CANNOT COME IN THE HOUSE WITHOUT OUR KNOWLEDGE. THE[redacted] POWDER IS WHAT WE USED THE FIRST NIGHT WE MOVED 2 FULL BOTTLES OF THE POWDER. ALSO IF YOU TALK TO THE THREE PEST CONTROL PEOPLE I DID TODAY THEY WILL TELL YOU IT DOES NOT MATTER IF YOU HAVE ANIMALS THE FLEAS WILL ATTACH TO HUMANS AND COME INSIDE ON THEIR OWN. THAT IS ALL I HAVE TO SAY AND ANYTHING FURTHER WILL GO TO THE LOCAL NEWS STATIONS.
We have had the house treated twice by a professional exterminating company. The first time was on Sept 27, 2016 and the next was on Oct. 19, 2016. The complainant says they have done everything possible to eradicate the fleas, but there is no...
way of knowing that for certain. Whether on the inside or outside of the house, if, in fact they treated the property, we have no way of knowing what product they used and what it was supposed to be used for.
We also don't know the condition the people keep the house in. Do they follow the instructions of the exterminator following treatment? Are there piles of clothes laying around? What are they doing to solve the problem? The exterminators can do their job, but the people must cooperate with them and do their part as well.
We are going to have a different exterminator contact the people and arrange for yet another treatment on Friday, November 11, 2016. There is nothing more we can do.
Initial Consumer Rebuttal /* (3000, 7, 2016/11/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
We are using the products [redacted] sells. We have been vacuuming every other day. We vacuumed 2 times a day after each visit from [redacted]. We keep everything in bins due to the fact the carpets smell of animals. And yes we have used the Bags of flea killer it says FLEA KILLER ON IT. WE TOOK EVERYTHING OUT OF THE HOUSE THAT COULD BE MOVED 2 TIMES FOR [redacted]. SHOVED MY VAN FULL OF EVERYTHING THAT WAS MOVABLE. MY MOM HAS VACUUMED EVERYDAY FOR WEEKS. I DO NOT LIKE THIS BEING PUT ON US. SUNRISE IS SLUM LORDS. THEY LIED TO THE OWNER AND TOLD HIM THAT THEY CLEANED THE HOUSE. THEY LIED TO THE OWNER ABOUT THE FLEAS HE TOLD ME HE HAD NO IDEA THERE WAS ANY PROBLEMS WITH THE PROPERTY. HE ALSO SAID THAT THEY ARE TO PAY FOR THE EXTERMINATOR SINCE THE FLEAS WERE HERE WHEN WE GOT HERE I HAVE ALL THE TEXTS AND EMAILS FROM EVERYONE. WHEN YOU RENT A HOUSE OUT YOU ARE SUPPOSE TO MAINTAIN A STANDARD AND THE ONLY TIME CLOTHES ARE THE FLOOR SNOOPY [redacted] COMING IN AND OUT WHEN WE ARE GONE IS WHEN I AM SORTING OUT FOR LAUNDRY. WE COME HOME MULTIPLE TIMES AND HAD DOORS LEFT OPEN. OUR SECURITY CAMERAS ARE LEFT ON AND I KNOW PEOPLE ARE COMING IN AND OUT. I WOULD LIKE TO REQUEST THE RECEIPT FOR CARPET CLEANING CAUSE IF IT WAS CLEAN THEN THE HOUSE WOULD NOT SMELL LIKE DOG URINE. THIS COMPANY HAS NOT DONE EVERYTHING THEY CAN. [redacted] IS WHAT WE USED ON THE CARPETS AND OUTSIDE. 4 BAGS OF IT. WE ALSO FOLLOWED INSTRUCTIONS LIKE SAID. IF WE ARE SUCH BAD TENANTS WHY HAVE WE NEVER HAD PROBLEMS BEFORE. TELL ME THAT... TELL ME WHY ALL THE NEIGHBORS HAVE COME TO US TELLING ABOUT THE PREVIOUS TENANTS., LIKE I SAID AS WELL I CAN NOT LIFT OVER A CERTAIN WEIGHT AND IF NOONE HELPS WE CAN NOT MOVE STUFF AROUND. I HAVE A FULL METAL JACKET IN BACK AND CONSTANTLY HAVING TO MOVE [redacted] AROUND IS HARD FOR ME. WE DO COOPERATE WITH THE FLEA GUY [redacted] HE SAYS ALL THE PROPERTIES ARE DISGUSTING. I SHOWED THE FLEA GUY THEY USED WHAT WE USED ON THE YARD. I HAVE TRIED TO BE NICE TO THIS OFFICE BUT THEY ARE LIARS, AND SHOULD NOT BE ALLOWED TO RENT TO ANYONE. THEY WAY THEY RESPOND IS RUDE AND DEFENSIVE THEY DONT LET YOU SPEAK BEFORE THEY ARE RUDELY JUMPING BACK IN A SMART A
Final Consumer Response /* (4200, 11, 2016/11/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
All you have to do is not blame us. I have no problems with [redacted] he is nice and helpful when you call me at work and tell I called and demand I speak to you when I was in a meeting for 2 hours and never called. We did and have been vacuuming like we were told. I am not difficult I do not like people being [redacted] for no reason. We did not bring the fleas and the company coming out tomorrow stated you are suppose to leave set on carpet and other floor for 4 weeks then clean it up. We can vacuum but not wash and that is what we did with the last two times
BUT it seems like I turn heat on and then they start all over again. We are paying for the yard to be treated and I have already consulted an attorney he says u have to give us 24 to 48 hours before entering the house and according to my sensors that go off you are not doing that. Cameras don't lie. It is also illegal to enter with out telling us. The old lady across the street tells us when people come to the house. They have seen the previous tenant twice since we moved. So maybe you should take all keys beforeally renting place out. Besides the only ongoing complaint is the fleas which [redacted] from [redacted] pest control says it does not matter what you do until winter the fleas aregoing to stick around. So they will spray tomorrow but as long as we are walking in the yard the fleas are there. I never said anything about locking u out. So read over. But when we have doors open in the house and windows open when arrive back home someone is comimg in. But all I ask is for the fleas to be gone. That happens and [redacted] will be fine.
Final Business Response /* (4000, 9, 2016/11/10) */
I don't know how to respond to these people or make them happy. The most we can do is have a professional exterminator treat the house. As of tomorrow it will have been treated professionally 3 times, plus however many times they claim they have tried on their own. Something is right, here. If people have a professional exterminator treat a property, and then follow the instructions given them by the exterminator, I have never known how it is impossible to eradicate fleas.
AS for other issues, these people are all over the board, and I can't follow them or figure out what they want. Ban us from entering the house? Change locks and prevent us from entering? That's illegal. Trespassing? No so. Perhaps they would be better off speaking with an attorney who is familiar with Missouri law rather than Oklahoma.
Again, we are having the house treated by a professional exterminator on Friday, and don't know what other steps to take. It appears to me these people are impossible to satisfy.
Initial Business Response /* (1000, 5, 2015/07/30) */
Ms. [redacted] is correct that we managed her property for several years and the tenants moved out very recently. On the tenant's move in inspection sheet they listed 3 broken wall switch plates. Perhaps we missed counting a few others upon...
move out that Ms. [redacted] noted since her count was 9. I checked pricing for wall plates at Lowes and found them for [redacted] each as shown on their website and provide them to Ms. [redacted], or the cash value of [redacted]
Regarding the microwave, yes there was damage to the microwave. We estimate the microwave to be approximately 8 years old, so if Ms. [redacted] would like to document the value of an 8 year old microwave I will be happy to pay her the depreciated replacement value. [redacted] has a microwave for [redacted] so assuming a life expectancy of 10 years for the microwave, I will be happy to pay her the depreciated value of [redacted]
Making a judgment of what is or is not "normal wear and tear" is not an exact science. Given the fact that the tenants lived in the house for 4 years, and given the fact that they had multiple plumbing problems during their tenancy which were caused by deficiencies in the property we felt it was an acceptable trade off to not charge them a total of [redacted] damages. Ms. [redacted] should be grateful the tenants did not request compensation for their inconvenience on several occasions.
If Ms. [redacted] will contact us in writing requesting paymentwe will be happy to pay her a total of [redacted]
Initial Consumer Rebuttal /* (2000, 7, 2015/08/02) */
(The consumer indicated he/she ACCEPTED the response from the business.)
All I wanted was accountability and that was acknowledged. I will get them the receipts shortly. I thank [redacted] for his prompt response.
Initial Business Response /* (1000, 5, 2015/08/17) */
Ms. [redacted] was a little over-dramatic with her description of the problem. Her "ceiling falling off" was actually a piece of sheet rock tape measuring 1.5" x approx. 15", and at no time was the ceiling ever in jeopardy of falling in. She...
called emergency maintenance after hours when she first noticed the problem. That maintenance man went to look at it, assessed the problem and informed her it was not going to fall in, and told the regular maintanance man the next day what was going on. Admittededly, the regular maintenance man forgot about such a minor issue and failed to go back immediately, for which we apologize.
As of this date, the tape has been replaced and the first coat of sheetrock mud has been applied. The second and final coat will be applied tomorrow to finish the repair. We're sorry for this minor inconvenience, but it was never a major issue, only a cosmetic one.
Sunrise Management
Initial Consumer Rebuttal /* (2000, 7, 2015/08/18) */
(The consumer indicated he/she ACCEPTED the response from the business.)
I wouldn't say I was being over dramatic. I also didn't say my ceiling was "falling in." They did fix it, however, and I do feel better that they finally followed through with their word.