Quartz Express Inc.

The complainant has requested that I transfer to him a $"pet deposit" which
was provided by a tenant living in his property -- no such DEPOSIT was paid by the tenant. The tenant paid a one $NON-REFUNDABLE ADMINISTRATIVE pet FEE. Per the tenant's lease AND the executed property management agreement, it is not a refundable deposit, either to the tenant or the owner, but rather a convenience use fee. The owner had a copy of the tenant's lease and pet addendum for his review. Per the management agreement, all administrative fees and non-refundable fees are considered the property manager's income. Should the tenant's pet have damaged the home, repairs would have been deducted from the security deposit held in escrow. Per the owner's written instructions, the property was found to be in undamaged condition and 100% of the security deposit was returned to the tenant

Complaint: ***
I am rejecting this response because: Along with this documentation should also be a detailed billing of what repairs were done and the cost of each There has never been a document presented to owner outlining the specific expenses of said repairs
Regards,
*** ***

Complaint: ***
I am rejecting this response because:No signed work order was provided and in no documentation was the amount of the repairs discussed or agreed upon Itemized accounting record referenced was a single line order indicating the amount that was taken from the proceeds forwarded to owner The amount was taken from the tenants security deposit, which was to be held in escrow and neither the property of the property manager nor the owner Numerous requests were made to property manager for an itemized bill for repairs, which was never received Several repairs and purchase of supplies needed for repairs were purchased by homeowner and a bill was requested to verify charges Bill would be paid once received However, property manager self paid for repairs, contractor used was her live in boyfriend, out of tenant's security deposit Requesting tenant receives his security deposit and owner receives an itemized bill for repairs
Regards,
*** ***

These tenants damaged the home so extensively that the downstairs carpet had to be replaced.  Given its age, we chose not to additionally charge them for that expense as we knew that our ability to collect in a civil suit would be limited as these are not individuals with ample assets. ...

There were unpatched holes in the walls, improperly patched holes, extensive scarring of walls, chewed baseboards in house, human feces left in 2 of the 3 toilet bowls, the home was not cleaned per the move-out checklist initialed by the tenants AT TIME OF MOVE IN.  Their dog chewed almost all the woodwork on the back patio which requires extensive repair.  The tenants did NOT vacate on time and instead held over by 2 days, for which I did not charge them.  Attached are photos of the human feces they left behind for us as well as other damage that does not fall into the "normal wear and tear" category.  Any claim that they did not receive notice timely is mute as I provided them the read receipt from the email address provided on their application.  The tenant complained that this was her daughter's email.  Per the executed lease, Ms. [redacted] is aware that it is the tenant's responsibility to notify landlord should any of the contact information be changed from that which is listed on the applicaiton.
They also moved out with unpaid late fees.  We are unable to upload a 5th attachment to provide the tenant ledger.
The tenants constantly complained about money being tight which is why they could not make the necessary repairs themselves prior to moving out -- and at the time is the reasoning I did not charge them for the expense of carpet replacement downstairs ($1100) as well as 2 days of holding over in the property -- yet they acquired a new vehicle prior to move out.  We discovered this as a result of an investigation of their current assets.

The complainant has requested that I transfer to him a $300 "pet deposit" which was provided by a tenant living in his property -- no such DEPOSIT was paid by the tenant.  The tenant paid a one $300 NON-REFUNDABLE ADMINISTRATIVE pet FEE.  Per the tenant's lease AND the executed...

property management agreement, it is not a refundable deposit, either to the tenant or the owner, but rather a convenience use fee.  The owner had a copy of the tenant's lease and pet addendum for his review. Per the management agreement, all administrative fees and non-refundable fees are considered the property manager's income.    Should the tenant's pet have damaged the home, repairs would have been deducted from the security deposit held in escrow.  Per the owner's written instructions, the property was found to be in undamaged condition and 100% of the security deposit was returned to the tenant.

I just forwarded the documents. The Pet Agreement is the last page of the second email (PW Files).    Note item B(3). This is the line in dispute.  Thanks again,[redacted]

Complaint: [redacted]
I am rejecting this response because:
 
Along with this documentation should also be a detailed billing of what repairs were done and the cost of each.  There has never been a document presented to owner outlining the specific expenses of said repairs.
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because:I have a copy of the PET AGREEMENT. It states: "Tenant will, upon execution of this agreement, pay Landlord $300 as a one-time, non-refundable payment."This money was collected from the tenant, but was not deposited into my (the Landlord) account. The agreement does not state the fee was an "ADMINISTRATIVE FEE" to go to the Management Company.This is why the $300 is in dispute. 
Regards,
[redacted]

I own a rental property in San Antonio Texas. The property was managed by Stuart Ellis Properties. The current tenants moved in on November 26, 2010. At the end of the lease, Stuart Ellis Properties informed me the tenants requested to renew their lease. I agreed to the renewal but instructed Stuart Ellis Properties that I would like the rent to be increased by an additional $25.00 a month. Stuart Ellis Properties acknowledged my request and contacted the tenants who were agreeable. The tenants renewed the lease on November 01, 2012. After repeated request for a copy of the renewed lease, It was finally given to me August 2014. After reviewing it, I was surprised by what I found. During their time managing my property, Stuart Ellis Properties had become very close and intimate with the tenant . Without my knowledge or consent, Stuart Ellis Properties renewed/signed the tenants to an extended 5 year lease and kept the same monthly rental rate at $1200. For the last year and a half, unbeknownst to me, Stuart Ellis Properties has been subsidizing the tenants rent by $25 out of their own pocket in some kind of act of benevolence toward the tenant. My Residential Leasing and Property management Agreement with Stuart Ellis Properties clearly states that tenant lease shall be no less than 12 months and no more than 24 months. Stuart Ellis Properties has broken our contract and violated my trust. They have also failed in their fiduciary responsibility to protect me as their client. I have fired Stuart Ellis Properties and hired a new property manager. Upon being terminated, Stuart Ellis Properties has withheld Julys rent in the amount of $1200 and is requesting that I pay additional lost management fees for the remainder of the term of lease. I believe Stuart Ellis Properties to be working in an unethical business manner. I have since filed a complaint with the Texas Real Estate Commission and have successfully had Stuart Ellis Properties real estate license revoked and a rather large fine levied against them. This information made be found on the TREC website under Disciplinary Actions, License # [redacted], Case# [redacted]. [redacted]

Complaint: [redacted]
I am rejecting this response because:
This response is totally false! The carpet downstairs was not damaged at all. It could have just been cleaned as normal business do when a tenant has moved out. They chose to replace it therefore I am not responsible if they wanted to put hardwood flooring. Thee were not any feces left, the toilets were only badly stained. The property owner had people working in there after my family and I moved out so any one of them could have left these feces you are talking about,because when we moved out that was nothing like that there! We never improperly patched any holes so that must have already been there prior to us moving in,but we never complained about it to the property owner. Nor did we make a big deal about not have any working ceiling fans. When we calling the property management owner, Ms. [redacted] she told us that it is a luxury to have fans not a requirement. Unbelievable! We were unable to vacate on time because my kids were sick and when I called Ms. [redacted] she told me that was okay just please move out by the end of the weekend, and we did exactly that! The fact that she had to take out the money for repairs from our deposit was not because we didn't have the "assets" to do it but because we ran out of time to complete the repairs that our pet has caused to the base boards. We had already discussed with Ms.[redacted] assistant about those repairs and we both agreed that taking it from the deposit would be best because we were getting to close to the move out date. I also spoke with her assistant about the carpet cleaning charges and she told me that if it was going to cost more that $300 (as it states per lease contract) then we did not have to have this done. Yet she is trying to charge me and make me look bad for not doing this. I never told Ms.[redacted] that was not my email on the lease, I told her to please stop addressing me with my daughters name on my email. When we moved out when had already paid her the last months rent with all amounts that were told and were paid in full. I was never told that we left any unpaid amounts for rent or late fees. This is the first I am hearing about this! Lastly, ms.[redacted] states that she discovered I have a new car and that is totally false, I have the same car I have had for the last 3 years! I'm not sure where she is getting her information but if she was driving by my home at anytime towards the end of my lease then she probably saw a rental car in my driveway that was a newer car but not mine! In my opinion, this is a pathetic way for Ms. [redacted] who is the property owner, to keep her company name in good stands, but in no way is anything she has done the proper or professional way of handing business. I have never met this woman, she has always wanted to conduct business by email or text and frankly that seems a but sketchy to me. I have always tried to be reasonable with her when she never wanted to come out an fix the celing fans, or anything else for that matter whole we were still living there, but these lies she has told about my family and I are appalling!

I just forwarded the documents. The Pet Agreement is the last page of the second email (PW Files).    Note item B(3). This is the line in dispute. 
 
Thanks again,
[redacted]

Documentation shall be provided here within three (3) business days. Agreement for Property Manager to underwrite repair expenses was ONLY applicable should the property sell.  This was noted on the summary of services which bears owner's signature.  Additionally, Texas Property Code allows a property manager to deduct from  a tenant's security deposit held in escrow monies owed to the property manager in the case wherein the responsibility for managing property is transferred to the OWNER.  Should the owner have engaged a new property manager and the hand off was to this new third party individual, any dispute for monies would have been settled outside of the security deposit. However, because transfer was to owner DIRECTLY, it is permissible under state statute to deduct all debts owned to property manager by owner from monies held in escrow for a tenant as it is the owner who will make up the difference when refunding to the tenant directly.  This is specifically stipulated to in the Texas Association of Realtors Property Management Agreement signed by the owner.

This has been resolved.

This complaint stems from the tenant's purchase of the subject property -- she is in receipt of her security deposit and was informed that she would receive that sum prior to her filing this complaint.  Firstly, issues with regard to items not completed at time of closing should be...

taken up with the owners, not Stuart Ellis Properties.  The purchase contract is with them, not I.Secondly, the property was leased to her with the understanding that it be purchased WITHIN the first 18 months of the lease however her Realtor informed my client (the owners) that the complainant did not have adequate credit to make the purchase and asked for additional time to close the transaction.  Thirdly, the property was sold to her at over $10,000 under market as consideration for her reliable tenancy.Fourth, the owners spent over $12,000 replacing the plumbing system under the slab foundation.  This cost was not covered by the insurer.On the whole, should this individual still have items she feels should be done, the issue can be raised with the sellers of the property.  We are merely the messenger.

We did not charge the tenant for the carpet expense at all.  I encourage both the Revdex.com and complainant to review Itemization.  They were not charged for several items as a courtesy.  We were only provided the daughter's email on the application, and were not given an alternative.  The owners are willing to waive what is owed.

Our service provider was given the telephone number ON FILE of [redacted] after [redacted] emailed us his maintenance request.  We have dealt almost exclusively with [redacted] without incident since their tenancy began and have had no indication that a "CC" to his wife would become...

necessary.  According to our leases, should a tenant change any of their contact information, to include telephone numbers, employment and the like, it is their responsibility to notify us IN WRITING right away.  We never received written notification that [redacted] had changed his number.
Late in the day, we received an email asking if the repairman was coming and expressing their displeasure at the delay.  At about the same time, my service provider contacted me that the telephone number we were using was no longer valid.  Had the tenants, who were expecting a visit earlier in the day, contacted me earlier, I would have followed up and discovered the incorrect contact information and had the situation corrected.
The repairman DID get to their home and assessed the situation as well as repaired 2 of the 3 items.  Only the doorbell replacement remains an open item.  Our contractor ordered the correct replacement parts and is following up to make the final requested repair.
When the issue of the incorrect phone number was discovered, there was no sense of anger, frustration or animosity in the exchange so this Revdex.com report is unexpected.
Ultimately, the repairs were made, pending the one missing part and that last issue shall be resolved when the part is picked up today for installation.

Complaint: [redacted]
I am rejecting this response because:Statements concerning my personal credit should be shared in this forum as is public.Otherwise I finally received payment following this complaint and I appreciate it.
Regards,[redacted]

Complaint: [redacted]
I am rejecting this response because:
No signed work order was provided and in no documentation was the amount of the repairs discussed or agreed upon.  Itemized accounting record referenced was a single line order indicating the amount that was taken from the proceeds forwarded to owner.  The amount was taken from the tenants security deposit, which was to be held in escrow and neither the property of the property manager nor the owner.  Numerous requests were made to property manager for an itemized bill for repairs, which was never received.  Several repairs and purchase of supplies needed for repairs were purchased by homeowner and a bill was requested to verify charges.  Bill would be paid once received.  However, property manager self paid for repairs, contractor used was her live in boyfriend, out of tenant's security deposit.   Requesting tenant receives his security deposit and owner receives an itemized bill for repairs.
Regards,
[redacted]

Owner and Property Management company terminated management agreement according to the terms of the executed agreement.  Owner of home had many repairs completed at the property prior to it leasing because first intention was to sell the property however no offers were forthcoming.  Owner...

was in arrears for HOA fees and she decided to seek a tenant to cover expenses.  A work order bearing owner's signature was presented to owner at time of transfer of responsibility for property TO OWNER along with a detailed accounting spreadsheet itemizing deductions.  A check for the balance of funds held on hand was transferred to owner and notice was sent to tenant indicating that responsibility for security deposit likewise transferred to owner.  Owner has not cashed bank draft included with accounting however has acknowledged that management of property has shifted from management company to owner.