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, Incvehemently denies Mr [redacted] ’s claims that our actions were illegal, unethical and dishonest The lease agreement that Shine Residential Management, Incuses 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.Bof 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.Bfrom the lease agreement: DEFAULT: BIf 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 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 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, 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 $per day for any additional days after the date of the notice - June 10, 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 $ That amount was $short of the total that was due that day The total amount that would have been due on June 19th was $1,500: $1,plus $($10/day for 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, 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 $ 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, – and June 30, he paid rent late the following months: June July August November December January April May September November December February March May June 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 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*** (the tenant) and met with him regarding his requests I believe that the tenant is satisfied and happy with the arrangements