We are">in receipt of your letter dated 12/13/ regarding Case ID *** referencing a complaint filed by our former tenant,*** ***Thank you for bringing this to our attention In an effort to provide an accurate and complete response to the issues and concerns stated in the original complaint,as well as address the request from Ms*** for return of her security deposit, I have carefully reviewed the lease documents, records of payments and all emailcorrespondence Ms*** leased a suite within our shopp ing center in Richmond,V irginiaThe terms and conditions of the lease negotiation were such that the space was leased to the Tena nt in "as is" condition without Landlord making any alterations, repairs or improvements Upon Inspection,Ms*** agreed to the condition of the premises and acknow ledged so by executing a document titled "Acceptance of Premises" With regard to the Security Deposit amount,the actual amount paid was $2,888.00, not $3,as stated by Ms***The check remitted on 12/1/was in the amount of $5776.00,of which $2,was applied as security depos it and $2,was applied to the first month of rent Please see the attached copy of the check, as well as the page from the lease agreement,initialed by Ms*** indicating the amount of the security deposit remitted The Lease Agreement also contained a provision which required the Tenant to maintain (perform routine preventative maintenance- replacement of filters, cleaning of coils, addition of cooling fluids, etcAnd complete repairs as may be required) the HVAC system that serviced the leased premisesThe Tenant was required to provide documentation (of inspections and service records) in a timely manner to Landlord over the length of their occupancy in order to verify the maintenance and repairs were being performed as requiredWhen a Tenant vacates a leased space Landlord schedules an inspection to determine the condition of the HVAC systemIn this particular case, Ms*** failed to remit any documentation over the course of her occupancy to verify she had performed routine preventative maintenance or repairs on the HVAC systemDue to this lease violation,we, in good faith, could not agree to the request made by Ms.*** to allow her to contract for any inspections or subsequent repairs directly, after she had vacated the premises Upon inspection it was determined repairs were necessary and quotes were obtained accordinglyThe total amount due for the repairs of $1,was deducted from the total Security Deposit remitted of $and a check for the remainder of the Deposit $1,was issued to Ms*** With respect to the interior repairs of the leased premisesIt is standard and customary in a retail shopping center setting that Tenant is respons ible for all interior repairs to a leased premises and Landlord is responsible for the roof and exterior unless specifically stated otherwiseMs*** lease agreement allowed for the Tenant to make all interior repairsHowever, in good faith from time to time as Landlord was able to assist, concessions were made and Tenant was either reimbursed or a credit was applied to her account for minor repairs Below is a timeline that contains key dates relating to events surrounding Ms*** occupancy as well as requests for assistance,some of which went above and beyond the terms and conditions of the lease agreement: 4/01/- Delivered space to tenantAcceptance Of Premises (AOP) letter was executed and included a note Tenant had right to terminate if the space did not pass inspection for their useThis was signed and accepted by the tenant 5/30/-Tenant's realtor sent ema il to Landlord reporting the Department of Social Services performed the re-inspection of the space and granted approva lfor the day careNote was made of light repa irs needed,a hole needing patched, and reimbursement to Tenant for asbestos test 6/07/- Re-delivered space to Tenant (assuming they did not pass for inspection initially)Attached AOP includes note about giving the Tenant a credit of $for an asbestos testThere is also a note in this AOP indicating the Landlord wou ld repair certain lights and hole in the drywa ll 6/10/- Landlord applied credits to tenant's ledger in the amount of $for sink repairs, and $for ceiling tile replacement 10/7/- Tenant notified Landlord of iss ue with a mold-like substance in restroom area which was previously repaired by Landlord prior to deliveryTenant seeking reimburseme nt for their repairs of this area totaling $3,Landlord denied request for reimbursement 11/22/-Tenant sent email demanding Landlord not pull rent from ACH due to disputeLandlord advised Tenant that the dispute does not negate their rental payment obligat ions1/22/- Notified Tenant they had failed to transfer utility account billing into their nameSent letter for billed amounts (totaling $1,943.18) 1/28/- Landlord sent response letter to Tenant's attorney regarding request for reimbursement for repairs (attached)It was deemed to be Tenant's responsibility 1/28/-Tenant failed to have utility services transferred into their name, utilities were disconnectedTenant requested "corrected lease" showing the unit addresses in order to present to utility company to establish services 2/10/-Tenant's attorney negotiates with Landlord's attorney regarding repairs and utility issueIt is determined that the Landlord will waive the utility bills if the Tenant agrees to sign a Mutual Release of Claims for the repair dispute 4/22/-Tenant reported to Leasing Representative an issue with large group of male teens walking up and down the parking lot 5/1/- Mutual Release of Claims is signed, utility bills are removed from Tenant's ledger 5/29/-Tenant reports unpleasant smell coming through vents in her spaceLandlord determined it was only within the Tenant's bathroom,and advised to fill any open traps with water or oil to prevent odor from escapingTenant additionally reported issue with Teens loitering in front of space, and requested permission to install a "No Loitering" sign 6/17/-Tenant sent email regarding a "promised no loitering sign" and reserved parking space for the daycareEmail string attachedSpoke with the Leasing Representative and followed up with tenant 7/18/-Tenant called in a panic needing access to adjacent space where the fire phone lines are located 8/11/- Landlord sent letter to Tenant regarding unauthorized signageTenant agreed to remove banner 2/23/- Tenant reported roof leak and fallen ceiling tileRequested service ASAPThe Tenant Service Coordinator informed Tenant would be repaired within the next days,Tenant argued she needed to have it repaired sooner 2/24/-Tenant reported roof leak had not been repaired, and children we subjected to cold air from missing ceiling tileShe had someone replace the tileReid informed her that he put her ahead of Fourteen other tenants who were waiting for roof repairs 3/29/2015- Tenant notified Landlord that interior lights need changed,and doorbell does not chimeInformed Tenant all interior repairs are their responsibility per the lease agreement 9/10/- Tenant notified Landlord they failed their Fire Inspection due to exit lights needing batteries replacedAnd commented on the amount of trash in common areaAdvised Tenant it is their responsibility to make repairs to interior emergency exit lights 12/2/- Tenant sent very frustrated email regarding abandoned carLandlord reported that this was not an abandoned car, but belonged to an employee of the shopping center 12/20/- Tenant sent inquiry to Landlord about leasing less space due to low enrollment2/23/-Tenant sent an additional request to lease less spaceLandlord denied request 4/4/- 4/26/-Tenant notified Landlord that sewer smell returnedLandlord offered to send plumber, but informed tenant they would be billed if plumber found cause to be inside tenant spaceTenant chose to hire her own plumber 5/31/- emailed Tenant regarding a water meter auditThe City reported their meter may be serving neighboring leased premisesRequested Tenant provide copies of their billsFound issue to be with City's records for the addresses 9/7/-Tenant requested Landlord make interior repairs resulting from neighboring tenant water damageTenants were put in contact with one another in an effort to resolve matter 10/13/-Tenant contacted Landlord to advise discontinuing ACH payments at lease expirationThe Property Manager inquired about schedu ling a time for a walk-thru inspection on 11/3/ 11/3/16- Landlord met with Tenant to perform move out inspectionLandlord notified tenant at that time the Security Deposit would be processed accordingly once an HVAC inspection was performed to determine status of roof top HVAC units as the interior of the space had been returned in acceptable condition 11/28/16- Ms*** contacted Landlord to inquire as to status of the security depositLandlord advised Ms*** that upon receipt and review of the HVAC inspection the deposit would be processed accordingly 12/12/16- Ms*** responded to Landlord request ing to hire her own company to inspect the HVAC unitsLandlord advised Ms*** that we would not permit her to access the roof or perform any work/inspections on the property as she was no longer a tenantMs*** stated " Iwill be going to the Revdex.com,Iam calling the news in the state of Virginia and Iam going to the Housing Court!" 12/13/16- Landlord responded to Ms*** in an effort to re-confirm the actual amount of the Security Deposit remitted along with the executed lease agreementLandlord again denied Ms*** request to be able to contract the work on the HVAC herself 12/16/16- Landlord received copy of the letter dated 12/13/from *** *** with The Revdex.com I hope this timeline and attached documentation will help alleviate any further confusion or concern as to the terms and conditions of the lease agreement with Ms***, as well as the refund of the security deposit If you have any questions or need anything further, please do not hesitate to contact me directly Thank you, in advance, for your cooperation in this matter
Sincerely Kimberly Director of Property Management Sandor Development Cc/file
We are">in receipt of your letter dated 12/13/ regarding Case ID *** referencing a complaint filed by our former tenant,*** ***Thank you for bringing this to our attention In an effort to provide an accurate and complete response to the issues and concerns stated in the original complaint,as well as address the request from Ms*** for return of her security deposit, I have carefully reviewed the lease documents, records of payments and all emailcorrespondence Ms*** leased a suite within our shopp ing center in Richmond,V irginiaThe terms and conditions of the lease negotiation were such that the space was leased to the Tena nt in "as is" condition without Landlord making any alterations, repairs or improvements Upon Inspection,Ms*** agreed to the condition of the premises and acknow ledged so by executing a document titled "Acceptance of Premises" With regard to the Security Deposit amount,the actual amount paid was $2,888.00, not $3,as stated by Ms***The check remitted on 12/1/was in the amount of $5776.00,of which $2,was applied as security depos it and $2,was applied to the first month of rent Please see the attached copy of the check, as well as the page from the lease agreement,initialed by Ms*** indicating the amount of the security deposit remitted The Lease Agreement also contained a provision which required the Tenant to maintain (perform routine preventative maintenance- replacement of filters, cleaning of coils, addition of cooling fluids, etcAnd complete repairs as may be required) the HVAC system that serviced the leased premisesThe Tenant was required to provide documentation (of inspections and service records) in a timely manner to Landlord over the length of their occupancy in order to verify the maintenance and repairs were being performed as requiredWhen a Tenant vacates a leased space Landlord schedules an inspection to determine the condition of the HVAC systemIn this particular case, Ms*** failed to remit any documentation over the course of her occupancy to verify she had performed routine preventative maintenance or repairs on the HVAC systemDue to this lease violation,we, in good faith, could not agree to the request made by Ms.*** to allow her to contract for any inspections or subsequent repairs directly, after she had vacated the premises Upon inspection it was determined repairs were necessary and quotes were obtained accordinglyThe total amount due for the repairs of $1,was deducted from the total Security Deposit remitted of $and a check for the remainder of the Deposit $1,was issued to Ms*** With respect to the interior repairs of the leased premisesIt is standard and customary in a retail shopping center setting that Tenant is respons ible for all interior repairs to a leased premises and Landlord is responsible for the roof and exterior unless specifically stated otherwiseMs*** lease agreement allowed for the Tenant to make all interior repairsHowever, in good faith from time to time as Landlord was able to assist, concessions were made and Tenant was either reimbursed or a credit was applied to her account for minor repairs Below is a timeline that contains key dates relating to events surrounding Ms*** occupancy as well as requests for assistance,some of which went above and beyond the terms and conditions of the lease agreement: 4/01/- Delivered space to tenantAcceptance Of Premises (AOP) letter was executed and included a note Tenant had right to terminate if the space did not pass inspection for their useThis was signed and accepted by the tenant 5/30/-Tenant's realtor sent ema il to Landlord reporting the Department of Social Services performed the re-inspection of the space and granted approva lfor the day careNote was made of light repa irs needed,a hole needing patched, and reimbursement to Tenant for asbestos test 6/07/- Re-delivered space to Tenant (assuming they did not pass for inspection initially)Attached AOP includes note about giving the Tenant a credit of $for an asbestos testThere is also a note in this AOP indicating the Landlord wou ld repair certain lights and hole in the drywa ll 6/10/- Landlord applied credits to tenant's ledger in the amount of $for sink repairs, and $for ceiling tile replacement 10/7/- Tenant notified Landlord of iss ue with a mold-like substance in restroom area which was previously repaired by Landlord prior to deliveryTenant seeking reimburseme nt for their repairs of this area totaling $3,Landlord denied request for reimbursement 11/22/-Tenant sent email demanding Landlord not pull rent from ACH due to disputeLandlord advised Tenant that the dispute does not negate their rental payment obligat ions1/22/- Notified Tenant they had failed to transfer utility account billing into their nameSent letter for billed amounts (totaling $1,943.18) 1/28/- Landlord sent response letter to Tenant's attorney regarding request for reimbursement for repairs (attached)It was deemed to be Tenant's responsibility 1/28/-Tenant failed to have utility services transferred into their name, utilities were disconnectedTenant requested "corrected lease" showing the unit addresses in order to present to utility company to establish services 2/10/-Tenant's attorney negotiates with Landlord's attorney regarding repairs and utility issueIt is determined that the Landlord will waive the utility bills if the Tenant agrees to sign a Mutual Release of Claims for the repair dispute 4/22/-Tenant reported to Leasing Representative an issue with large group of male teens walking up and down the parking lot 5/1/- Mutual Release of Claims is signed, utility bills are removed from Tenant's ledger 5/29/-Tenant reports unpleasant smell coming through vents in her spaceLandlord determined it was only within the Tenant's bathroom,and advised to fill any open traps with water or oil to prevent odor from escapingTenant additionally reported issue with Teens loitering in front of space, and requested permission to install a "No Loitering" sign 6/17/-Tenant sent email regarding a "promised no loitering sign" and reserved parking space for the daycareEmail string attachedSpoke with the Leasing Representative and followed up with tenant 7/18/-Tenant called in a panic needing access to adjacent space where the fire phone lines are located 8/11/- Landlord sent letter to Tenant regarding unauthorized signageTenant agreed to remove banner 2/23/- Tenant reported roof leak and fallen ceiling tileRequested service ASAPThe Tenant Service Coordinator informed Tenant would be repaired within the next days,Tenant argued she needed to have it repaired sooner 2/24/-Tenant reported roof leak had not been repaired, and children we subjected to cold air from missing ceiling tileShe had someone replace the tileReid informed her that he put her ahead of Fourteen other tenants who were waiting for roof repairs 3/29/2015- Tenant notified Landlord that interior lights need changed,and doorbell does not chimeInformed Tenant all interior repairs are their responsibility per the lease agreement 9/10/- Tenant notified Landlord they failed their Fire Inspection due to exit lights needing batteries replacedAnd commented on the amount of trash in common areaAdvised Tenant it is their responsibility to make repairs to interior emergency exit lights 12/2/- Tenant sent very frustrated email regarding abandoned carLandlord reported that this was not an abandoned car, but belonged to an employee of the shopping center 12/20/- Tenant sent inquiry to Landlord about leasing less space due to low enrollment2/23/-Tenant sent an additional request to lease less spaceLandlord denied request 4/4/- 4/26/-Tenant notified Landlord that sewer smell returnedLandlord offered to send plumber, but informed tenant they would be billed if plumber found cause to be inside tenant spaceTenant chose to hire her own plumber 5/31/- emailed Tenant regarding a water meter auditThe City reported their meter may be serving neighboring leased premisesRequested Tenant provide copies of their billsFound issue to be with City's records for the addresses 9/7/-Tenant requested Landlord make interior repairs resulting from neighboring tenant water damageTenants were put in contact with one another in an effort to resolve matter 10/13/-Tenant contacted Landlord to advise discontinuing ACH payments at lease expirationThe Property Manager inquired about schedu ling a time for a walk-thru inspection on 11/3/ 11/3/16- Landlord met with Tenant to perform move out inspectionLandlord notified tenant at that time the Security Deposit would be processed accordingly once an HVAC inspection was performed to determine status of roof top HVAC units as the interior of the space had been returned in acceptable condition 11/28/16- Ms*** contacted Landlord to inquire as to status of the security depositLandlord advised Ms*** that upon receipt and review of the HVAC inspection the deposit would be processed accordingly 12/12/16- Ms*** responded to Landlord request ing to hire her own company to inspect the HVAC unitsLandlord advised Ms*** that we would not permit her to access the roof or perform any work/inspections on the property as she was no longer a tenantMs*** stated " Iwill be going to the Revdex.com,Iam calling the news in the state of Virginia and Iam going to the Housing Court!" 12/13/16- Landlord responded to Ms*** in an effort to re-confirm the actual amount of the Security Deposit remitted along with the executed lease agreementLandlord again denied Ms*** request to be able to contract the work on the HVAC herself 12/16/16- Landlord received copy of the letter dated 12/13/from *** *** with The Revdex.com I hope this timeline and attached documentation will help alleviate any further confusion or concern as to the terms and conditions of the lease agreement with Ms***, as well as the refund of the security deposit If you have any questions or need anything further, please do not hesitate to contact me directly Thank you, in advance, for your cooperation in this matter
Sincerely Kimberly Director of Property Management Sandor Development Cc/file