Randall S. Fudge

Dear Dr [redacted] , We apologize for the inconvenient situation you are having We understand that you must be upset from your inconvenience and hope you take better care of your health (i.eblood pressure) -- we understand how you feel Dr [redacted] , you spoke of the CAM (common area maintenance) fee being too high but with the increase in property value over the years of your tenancy it should be expected that CAM will increase Recently, we acquired [redacted] on October 1, and the increase in CAM you experienced was done prior to our takeoverWe petitioned the city to lower the taxes, therefore we are trying to lower your CAM charges for the CAM reconciliation will be sent sometime in late November to early DecemberAs a company, we are proactive in providing the best care for each individual tenant Your late CAM payments, “Article XXIIDefault by Tenant and Remedies Subsection (a): “Tenant shall fail to pay when due any installment of rental or any other obligation under this Lease involving the payment of money and such failure continues for a period of five (5) days after notice from Landlord, provided that Landlord need not send such notice to Tenant more than two (2) times in any twelve (12) month period, and thereafter, any failure of Tenant to pay when due any installment of rental or any other obligation under this Lease involving the payment of money shall be an immediate Event of Default under this Lease.” This states that you are defaulted on your lease agreement In this case, you are subject to section (a) Let me reiterate that you failed to pay CAM charges to previous management; therefore, you set a precedence of failure to pay and default on rent As for your termite issue, we sent an multiple inspectors at our own expense to deal with the termites or pest issues Each inspector reported the termites were no longer present and treated the premises for roaches, which was found by the pest control specialist Furthermore, the inspectors speculated that the damages was from tenant neglect, and according to the lease agreement liability falls upon the tenant Tenants are responsible for pest control inside their own leased space In Article XMaintenance and Repair of Premises, Section “Tenant shall keep the Demised Premises in good, clean and habitable condition and shall at its sole cost and expense keep the Demised Premises free of insect, rodents, vermin and other pests and make all repairs and replacements, including replacements required to be made by Landlord under the provisions of Section 10.1, Article XVII and Article XVII ” This is a direct result of your own negligence and your failure to pay the previous landlord CAM Also, we have no written documents of “credit” nor has prior management spoke of any floor repairs; unfortunately, the provided information is anecdotal at best and we cannot make any repairs The lockout that was performed October 28, was because we did not receive payment by the due dateWe made numerous attempts to email and call you to bring the late payment before the 5th, but you made no attempts to call us back Three notices were sent stating time and date payment was due at our office, along with emailsAs a result, a lockout was performed I will enclose the email as evidence of your notifications According to the lease agreement Article IVRent Section 4.6, “It is understood that the Minimum Guaranteed Rental is payable on or before the first day of each calendar month (in accordance with Section above) without offset or deduction of any nature In the event any Rent is not received with fixe (5) days after its due date for any reason whatsoever, then in addition to the past due amount, Tenant shall pay to Landlord both of the following (unless one of the following is improper under applicable law, in which even such improper sum will not be required to be paid under this Lease): (a) liquidated damages in an amount equal to ten percent (10%) of the Rent then due, in order to compensate Landlord for its administrative and other overhead expenses; and (b) interest on the Rent then due at the Maximum Rate (but in no event to exceed one and one-half percent (½%) per month), such interest to accrue continuously on any unpaid balance due to Landlord by Tenant during the period commencing with the Rent due date and terminating with the date on which Tenant makes full payment of all amounts owing to Landlord at the time of said payment ” Again, you failed to make payment on time in accordance to the lease agreement As a result, we are firm in our beliefs that you have neglected your duties as a tenant In your Revdex.com complaint, you even admit that you intentionally withheld rent due, which is in violation of the lease agreement The Lockout was a result of your failure to pay CAM after repeated notices we sent to you via email, mail, and phone Your intentional withholding is in Article XXVIIMISCELLANEOUS, “[t]enant shall not for any reason withhold or reduce Tenant’s required payments of rentals and other charges provided in this Lease, it being agreed that the obligations of Landlord under this Lease are in independent of Tenant’s obligations except as may be otherwise expressly provided The immediately preceding sentence shall not be deemed to deny Tenant the ability of pursuing all rights granted it under this Lease or at law; however, at the direction of Landlord, Tenant’s claims in this regard shall be litigated in proceedings different from any litigation involving Rent claims or other claims by Landlord against Tenant (i.e., each party may proceed to a separate judgement without consolidation, counterclaim or offset as to the claims asserted by the other party).” Please note that our property management company has recently acquired [redacted] on October 28, and we are trying to correct the issues from the previous property management company Simply put, the neglect from the prior company is being correct by us, but this will take time We ask for and appreciate your understanding and patience P.SI have enclosed emails and the lease agreement as further evidencei omitted the texts conversations, but will add then if further proofs are required -Kind Regards Tom ***Property/IT ManagerRealty Network USCampbell Rd.Houston, TX [email protected] 832.581.2092Fax

Dear Dr. [redacted],
We apologize for the inconvenient situation you are
having.  We understand that you must be
upset from your inconvenience and hope you take better care of your health
(i.e. blood pressure) -- we understand how
you feel.
Dr. [redacted], you spoke of the CAM (common...

area maintenance)
fee being too high but with the increase in property value over the 8 years of
your tenancy it should be expected that CAM will increase.  Recently, we acquired [redacted] on October 1, 2015 and the
increase in CAM you experienced was done prior to our takeover. We petitioned
the city to lower the taxes, therefore we are trying to lower your CAM charges
for the 2016.  CAM reconciliation will be
sent sometime in late November to early December. As a company, we are
proactive in providing the best care for each individual tenant.
Your late CAM payments, “Article XXII. Default by Tenant and
Remedies Subsection 22.1 (a): “Tenant shall fail to pay when due any
installment of rental or any other obligation under this Lease involving the
payment of money and such failure continues for a period of five (5) days after
notice from Landlord, provided that Landlord need not send such notice to
Tenant more than two (2) times in any twelve (12) month period, and thereafter,
any failure of Tenant to pay when due any installment of rental or any other
obligation under this Lease involving the payment of money shall be an
immediate Event of Default under this Lease.” This states that you are
defaulted on your lease agreement.  In
this case, you are subject to section 22.2 (a). 
Let me reiterate that you failed to pay CAM charges to previous
management; therefore, you set a precedence of failure to pay and default on rent.
As for your termite issue, we sent an multiple inspectors at our own expense
to deal with the termites or pest issues.  Each inspector
reported the termites were no longer present and treated the premises for
roaches, which was found by the pest control specialist.  Furthermore, the inspectors speculated that
the damages was from tenant neglect, and according to the lease agreement
liability falls upon the tenant.  Tenants
are responsible for pest control inside their own leased space.  In Article X. Maintenance and Repair of
Premises, Section 10.2 “Tenant shall keep the Demised Premises in good, clean
and habitable condition and shall at its sole cost and expense keep the Demised
Premises free of insect, rodents, vermin and other pests and make all repairs and
replacements, including replacements required to be made by Landlord under the
provisions of Section 10.1, Article XVII and Article XVII…” This is a direct
result of your own negligence and your failure to pay the previous landlord
CAM.  Also, we have no written documents of “credit” nor has prior
management spoke of any floor repairs; unfortunately, the provided information
is anecdotal at best and we cannot make any repairs.
The lockout that was performed October 28, 2015 was because
we did not receive payment by the due date. We made numerous attempts to email and call you to bring the late payment before the 5th, but you made no attempts to call us back.  Three notices were sent stating time and date
payment was due at our office, along with emails. As a result, a lockout was performed.   I will enclose the email as evidence of your
notifications.
According to the lease agreement Article IV. Rent Section
4.6, “It is understood that the Minimum Guaranteed Rental is payable on or
before the first day of each calendar month (in accordance with Section 4.3
above) without offset or deduction of any nature.  In the event any Rent is not received with
fixe (5) days after its due date for any reason whatsoever, then in addition to
the past due amount, Tenant shall pay to Landlord both of the following (unless
one of the following is improper under applicable law, in which even such
improper sum will not be required to be paid under this Lease): (a) liquidated
damages in an amount equal to ten percent (10%) of the Rent then due, in order
to compensate Landlord for its administrative and other overhead expenses; and
(b) interest on the Rent then due at the Maximum Rate (but in no event to
exceed one and one-half percent (1 ½%) per month), such interest to accrue
continuously on any unpaid balance due to Landlord by Tenant during the period
commencing with the Rent due date and terminating with the date on which Tenant
makes full payment of all amounts owing to Landlord at the time of said
payment…” Again, you failed to make payment on time in accordance to the lease
agreement.
As a result, we are firm in our beliefs that you have neglected
your duties as a tenant.  In your Revdex.com
complaint, you even admit that you intentionally withheld rent due, which is in
violation of the lease agreement.  The
Lockout was a result of your failure to pay CAM after repeated notices we sent
to you via email, mail, and phone.  Your
intentional withholding is in Article XXVII. MISCELLANEOUS, “[t]enant shall
not for any reason withhold or reduce Tenant’s required payments of rentals and
other charges provided in this Lease, it being agreed that the obligations of
Landlord under this Lease are in independent of Tenant’s obligations except as
may be otherwise expressly provided.  The
immediately preceding sentence shall not be deemed to deny Tenant the ability
of pursuing all rights granted it under this Lease or at law; however, at the
direction of Landlord, Tenant’s claims in this regard shall be litigated in
proceedings different from any litigation involving Rent claims or other claims
by Landlord against Tenant (i.e., each party may proceed to a separate
judgement without consolidation, counterclaim or offset as to the claims
asserted by the other party).” 
Please note that our property management company has recently
acquired [redacted] on October 28, 2015 and we are trying to correct the
issues from the previous property management company.  Simply put, the neglect from the prior
company is being correct by us, but this will take time.  We ask for and appreciate your understanding
and patience.
P.S. I have enclosed emails and the lease agreement as further
evidence. I omitted the texts conversations, but will add then if further proofs are required.
-Kind Regards Tom [redacted]Property/IT ManagerRealty Network US1549 Campbell Rd.Houston, TX [email protected] 832.581.2092Fax 1.888.743.7133