Shine Residential Management, Inc.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and find that this resolution is satisfactory to me
Regards, *** ***

Carpets: All carpet in the house was cleaned prior to the start of the tenant’s lease and we have a receipt for the cleaning. Because the tenant expressed dissatisfaction with the carpet, we scheduled for the carpet cleaner to re-clean the carpet on Tuesday
7/26/16; his first available appointmentCleaning: The entire house was cleaned prior to the start of the tenant’s lease and we have a receipt for the cleaning. Because the tenant expressed dissatisfaction with the cleaning, we scheduled the cleaners to come back and touch up the cleaning on Monday 7/25/Suspected mice: The tenant pointed out an area deep under the AC where they saw what they believed to be “mice droppings.” My visual inspection of the substance could not determine if it was, in fact, “mice droppings.” I am not an expert on such things nor is the tenantThere have been no reports of seeing mice in the house by any persons who have been inside the home. However, we immediately scheduled a pest control company to inspect the house and to treat as needed. Any ants found in the house were treated as well. This is the same process we would follow if there is a substance a tenant believes to be harmful: test first, then plan for proper treatment and then treat accordingly. Additionally, even if we were to assume the substance in question was mouse droppings, this is no indication that the house has active mice. This is a year old home and there are often artifacts found in homes from things that occurred in the pastThis is what property managers do and we spent countless hours trying to meet the demands of the tenant and the tenant refused all efforts to resolve the situation. The only solution they provided was an immediate release from the lease agreementSince we are not the property owners, we do not have the authority to release the tenant from their lease agreement with the property owner. Only the owner can do that. So, we could not agree to lease another property to the tenant until we received a response from the owner of the property for which they had a binding lease agreementThe tenant agreed to rent the home without visually inspecting the home prior to making a promise to the property owner to rent the home. There was no promise made to make improvements to the condition of the home at the time the tenant agreed to the lease. Their refusal to cooperate with every attempt to resolve the issues they were not happy with has put the military family that owns the property in great hardship, with overages in expenses and no rental incomeBecause the tenant refused every effort to resolve the situation, we contacted the owner, who has the power to release the tenant from their lease, and notified them of the tenant’s request and their reasoning for the request. The owner made a very fair offer to settle the dispute and the tenant verbally accepted the owner’s offer on July 26, 2016. Based on this verbal agreement, we had an attorney write up a release agreement, which was sent to *** and *** *** on July 30, 2016. As of the writing of this statement, I have not received a signed agreement but the Walkers indicated they will sign and deliver the agreement to us by 8/3/Sincerely, *** *** Shine Residential Management

Carpets: All carpet in the house was cleaned prior to the start of the tenant’s lease and we have a receipt for the cleaning. Because the tenant expressed dissatisfaction with the carpet, we scheduled for the carpet cleaner to re-clean the carpet on Tuesday 7/26/16; his first available
appointmentCleaning: The entire house was cleaned prior to the start of the tenant’s lease and we have a receipt for the cleaning. Because the tenant expressed dissatisfaction with the cleaning, we scheduled the cleaners to come back and touch up the cleaning on Monday 7/25/Suspected mice: The tenant pointed out an area deep under the AC where they saw what they believed to be “mice droppings.” My visual inspection of the substance could not determine if it was, in fact, “mice droppings.” I am not an expert on such things nor is the tenantThere have been no reports of seeing mice in the house by any persons who have been inside the home. However, we immediately scheduled a pest control company to inspect the house and to treat as needed. Any ants found in the house were treated as well. This is the same process we would follow if there is a substance a tenant believes to be harmful: test first, then plan for proper treatment and then treat accordingly. Additionally, even if we were to assume the substance in question was mouse droppings, this is no indication that the house has active mice. This is a year old home and there are often artifacts found in homes from things that occurred in the pastThis is what property managers do and we spent countless hours trying to meet the demands of the tenant and the tenant refused all efforts to resolve the situation. The only solution they provided was an immediate release from the lease agreementSince we are not the property owners, we do not have the authority to release the tenant from their lease agreement with the property owner. Only the owner can do that. So, we could not agree to lease another property to the tenant until we received a response from the owner of the property for which they had a binding lease agreementThe tenant agreed to rent the home without visually inspecting the home prior to making a promise to the property owner to rent the home. There was no promise made to make improvements to the condition of the home at the time the tenant agreed to the lease. Their refusal to cooperate with every attempt to resolve the issues they were not happy with has put the military family that owns the property in great hardship, with overages in expenses and no rental incomeBecause the tenant refused every effort to resolve the situation, we contacted the owner, who has the power to release the tenant from their lease, and notified them of the tenant’s request and their reasoning for the request. The owner made a very fair offer to settle the dispute and the tenant verbally accepted the owner’s offer on July 26, 2016. Based on this verbal agreement, we had an attorney write up a release agreement, which was sent to *** and *** *** on July 30, 2016. As of the writing of this statement, I have not received a signed agreement but the Walkers indicated they will sign and deliver the agreement to us by 8/3/Sincerely, *** *** Shine Residential Management

Mrs. [redacted],  Thank you for the opportunity to respond to Mr. [redacted]’s defamatory and inaccurate statements.  It is unfortunate that Mr. [redacted] cannot understand that the actions he chose are directly responsible for his hardship.  Shine Residential Management, Inc. vehemently denies...

Mr. [redacted]’s claims that our actions were illegal, unethical and dishonest.  The lease agreement that Shine Residential Management, Inc. uses was prepared by the Texas Association of Realtors for the specific purpose of leasing residential property.  A copy of the lease Mr. [redacted] signed is attached to this response for your reference.  Paragraph 27.B. of the lease specifically states the actions that the landlord may take when the tenant fails to pay rent in a timely fashion.  For the sake of convenience, below is Paragraph 27.B. from the lease agreement:  27. DEFAULT: B. If Tenant fails to timely pay all amounts due under this lease or otherwise fails to comply with this lease, Tenant will be in default and: (1) Landlord may terminate Tenant’s right to occupy the Property by providing Tenant with at least one day written notice to vacate; (2) all unpaid rents which are payable during the remainder of this lease or any renewal period will be accelerated without notice or demand; (3) Landlord may exercise Landlord’s lien under Paragraph 23 and any other rights under this lease or the Property Code; and           (4) Tenant will be liable for:                    (a) any lost rent; (b) Landlord’s cost of reletting the Property including but not limited to leasing fees, advertising fees, utility charges, and other fees reasonably necessary to relet the Property;                    (c) repairs to the Property for use beyond normal wear and tear; (d) all Landlord’s costs associated with eviction of Tenant, including but not limited to attorney’s fees, court costs, costs of service, witness fees, and prejudgment interest; (e) all Landlord’s costs associated with collection of amounts due under this lease, including but not limited to collection fees, late charges, and returned check charges; and                    (f) any other recovery to which Landlord may be entitled by law.  Mr. [redacted] was notified on June 7, 2017 that he was in default of his lease for failing to pay rent for the month of June which was due by June 1st.  He was ordered to pay the full amount of past due rent and accumulated unpaid late fees ($1,410) plus $10.00 per day for any additional days after the date of the notice - June 10, 2017.  The notice included the following statement:  Failure to Comply: Landlord is entitled to pursue all available remedies under the lease if you fail to comply with this notice.  Remedies available to the Landlord include, but are not limited to, termination of your right to occupy the Property and recovery of any damages, attorney’s fees, court costs, and other expenses resulting from the breach.  A copy of this notice is attached for your reference.  On June 19, 2017, Mr. [redacted] submitted a payment of $1000.00.  That amount was $500.00 short of the total that was due that day.  The total amount that would have been due on June 19th was $1,500: $1,410 plus $90 ($10/day for 9 days past June 10th).  On June 19, 2017, Shine Residential Management posted a Notice Terminating Right of Occupancy on the inside of the home at [redacted] notifying Mr. [redacted] that he has failed to comply with the lease and he must vacate by June 21, 2017.  A copy of this posting is attached for your reference.  On June 21, 2017, Mr. [redacted] failed to vacate the property and return keys to Shine Residential Management.  On June 23, 2017, Mr. [redacted] paid the remaining balance of his June rent and late fees.  At that time, we reiterated to him that he must vacate the property immediately.  On July 10, 2017, Mr. [redacted] emailed Shine Residential management to notify us that he was partially moved out.  On July 12, 2017, Shine Residential Management checked the property and discovered that it did not appear occupied, however, Mr. [redacted] had not turned in keys to the property, so we posted Notice of Abandonment on the door.  A copy of the posting is attached for your reference.  Mr. [redacted] never dropped off keys to the property and never provided Shine Residential Management with a forwarding address.  So, on August 2, 2017, we mailed a copy of the Itemization of Security Deposit to the only known address for Mr. [redacted] – [redacted], [redacted].  A copy of the Itemization of Security Deposit and receipts for repairs/cleaning needed to bring the property to the required condition that Mr. [redacted] failed to do is attached.  Unfortunately, Mr. [redacted]’s security deposit was not sufficient to cover all of the repairs, cleaning and past due rent.  Mr. [redacted] still owes $836.65.  On August 23, 2017, Mr. [redacted] called our office requesting his security deposit.  We informed him that we mailed it to [redacted] due to his failure to provide a forwarding address.  Because Mr. [redacted] also failed to provide a forwarding address to the Post Office, he never received our letter.  That afternoon we emailed Mr. [redacted] an electronic copy of the Itemization of Security Deposit so he would have a copy for his record and so he was aware of the full amount he owed.  The mailed Itemization of Security Deposit was eventually returned to our office by the Post Office because they had no forwarding address.  Mr. [redacted] is correct that he habitually paid his rent late.  In fact, between May 18, 2015 – and June 30, 2017 he paid rent late the following months:  June 2015 July 2015 August 2015 November 2015 December 2015 January 2016 April 2016 May 2016 September 2016 November 2016 December 2016 February 2017 March 2017 May 2017 June 2017 Every time Mr. [redacted] paid his rent late, it caused our client, the homeowner, a great deal of hardship because they did not have his rent to cover their house payment.  The homeowners are not wealthy real estate investors; they are a simple family trying to make ends meet on a home that they cannot afford to sell at this time.  They are hoping that they will eventually have enough equity in the home to be able to sell it without taking a financial loss, which they cannot afford.  Mr. [redacted] has chosen to play the victim role but it is his actions that have victimized the homeowner.  Due to Mr. [redacted]’s failure to pay the rent he owes and his failure to properly maintain and clean the property upon vacating, the homeowner has had to endure a prolonged period of time with their house off the market while the home is brought back to a condition that is marketable to other tenants.  We hope that Mr. [redacted] will see the error in his ways and pay the money owed to the homeowner to help ease their pain and suffering. [NOTE: The Revdex.com system is only allowing me to upload 4 documents for my response, so all attachments noted in the written response above are not present.  Please contact me with an alternative way of providing the missing attachments.]

I am unsure why we are receiving this complaint.  After speaking with the owner of the property we responded to Mr. [redacted] (the tenant) and met with him regarding his requests.  I believe that the tenant is satisfied and happy with the arrangements.