Response to Revdex.com for complaint
filed regarding disposition of tenant security deposit--[redacted]
To Whom It May Concern:
This customer was a former
tenant who occupied a rental property under a written rental agreement managed
by...
Steinborn on behalf of a private owner.
Tenant disputes charges levied against and withheld from their security
deposit as noted in our final disposition of their security deposit. Due to unforeseen circumstances beyond the
tenant’s control, they unfortunately had to break the rental agreement early and
prematurely terminate the agreement.
One of our rental managers spoke
to tenant on approximately July 27th, 2015 regarding early
termination/breaking of the Tenant’s lease.
Tenant was verbally notified that, in accordance with the rental
agreement, they would be responsible for rent, utilities, and upkeep of the
property until such time as the property was re-rented. In addition, tenant would be held responsible
for payment of a $300.00 plus tax re-lease fee along with any costs associated
with getting the property ready for a new Tenant.
Tenant’s written rental
agreement clearly stated their obligations and responsibilities to keep the
property maintained during the term of the Agreement until a new tenant could
be secured and a new rental agreement put into place. These obligations included maintenance of all
utilities and yard up-keep, and the requirement for Tenant to return the
property back to Landlord in clean condition, including housecleaning and
professional carpet cleaning.
As stated in the complaint,
charges for house and carpet cleaning, utilities restoration and interim
utility costs as well as make-ready and re-lease fees, were all legitimate
costs incurred and were unpaid by tenant at time of move-out. All charges were allowable under the rental
agreement and were therefore charged against tenant’s deposit.
The property was successfully
re-rented to new tenants with the new lease start date commencing August 18,
2015. Thereafter, no further costs for
rent or utilities or property maintenance were charged to the outgoing
tenant. The outgoing Tenant vacated the
property on August 3, 2015 and Landlord performed an initial walk-through of
the property on approximately 8/4/2015.
At that time, the yard was clean to acceptable standards. However,
during the approximate two week period until the start date of the new lease, the
weeds grew to an unacceptable level (due to rains) and had to be removed. Therefore the cost for removal of weeds was
charged to the outgoing tenant.
A voicemail from the Tenant was
received by Jenni N. on September 8th, 2015. Christi G. had been communicating via email
with tenant regarding the final disposition of security deposit. Therefore, Christi G. was asked to respond
and did in fact respond via email on the same day, September 8th,
2015.
We will further review the
disposition of deposit, in particular the “make ready” charges, and will contact
the Tenants within 24 hours to discuss those charges further.
Dear Revdex.com,The following is our response to Mr. [redacted]'s complaint:Facts:
The tenant moved in to the property in mid-April 2014. On
July 31, 2015, the tenant was on a month to month lease, and gave thirty (30)
day notice that he was moving out. The notice...
stated “ I will
be moved out by the end of August.” The tenant turned in the keys
on August 14, 2015.
Law:
As found in the Uniform Owner-Resident Relations Act
(47-8-1 to 52 NMSA 1978 as amended)
47-8-37 Notice of Termination and damages: Section
B; The owner or the resident may terminate a month-to-month residency by a
written notice given to the other at least thirty days prior to the
periodic rental date specified in the notice. (emphasis
added)
47-8-37 Deposits: Section C. …the owner shall provide the
resident with an itemized written list of the deductions from the deposit and
the balance of the deposit, if any, within thirty days of the date of
termination of the rental agreement or resident departure, whichever is
later. (emphasis added)
Analysis:
The tenant gave notice on July 31 and also paid a full month of
rent for August. His handwritten move out notice stated he would be out
“by the end of August.” Obviously, any current claim to the
contrary, the tenant was well aware of his obligations under the provisions of
his lease, and state law.
Conclusion:
If there is any legitimacy to this claim (which we absolutely do
not believe there is), it is an interpretative question related to the law, and
must be reviewed and addressed in the proper judicial venue, which under the
Uniform Owner-Resident Relations Act, is Magistrate Court in Dona Ana County.
Any other approach is premature and inappropriate.
Additionally, if a prior tenant has an issue, that needs to be
addressed by that person. This current tenant has no knowledge of the
actual facts related to ANY other situation.Please let us know if there is any additional information we can provide. Thank you.John L. H[redacted]
Complaint: [redacted]
I am rejecting this response because: A message was left for Jenni N. vis voice mail on said date, when we received no call back we did contact Revdex.com. After filing our complaint we noticed an e-mail from Christi trying to explain the charges. When we spoke to Jenni in July in regards to breaking our lease due to medical circumstances, we were not told immed about the cost to break the lease only advised about incentive options to future residents in regards to the home being re-rented, it wasnt until offers came in that we learned about the $300.00 to re-rent the home in breaking the lease fees, shampooing if carpets at $112 to 114, and possibly the cost of cleaning cost if we did not clean the home. We advised Jenni we would clean the house, which we did, every floorboard, every cupboard and shelves, closets and shelves, window sills and paper blinds, front and back patios swept, swept out garage, vacuumed all carpets, cleaned all bthrms, pantry, light fixtures, and left refrigerator spotless. Yet we were charged $134.45 for housecleaning we did but due to the pics Christi sent saying we did not pull out the stove and refrigerator and cleaned behind or in between appliance and wall/counter.Not once were we told we needed to pull out appliances (risk damaging them) and clean behind them and in between appliance and counter. In the same we were not explained to either on the phone when we spoke to Christi about some weeds still being there but were very small and all the rain while moving was making it hard. Christi's response was it was okay as long as they were not outrageous or up to our knees they were fine, end of call. Christi did not indicate or mention during call that yard, weeds needed to be maintained while the home was vacant until 18th new tenants moving in, we would have had someone from our church handle it for us, but instead we were billed $81.23 for weeds and roundup sprayed. Not once were we told we needed to keep utilities on and in our name until new tenants moved in so we were charged another $144.02 for someone to turn on the AC yet the utility company states they were only billed $13.00, plus on top of the $324.94 billed by Steinborn as the the re-lease fee- broke lease we were billed an additional outstanding amount of $111.42, which makes no sense since we paid prorated rent until the Aug. 18th. In the $144.02 invoice billed to us not only were we charged for the AC to be turned on, but the water heater, the retouch paint (which Jenni N. told us was the landlords responsibility upon a tenant moving out), but to have light switches checked (??), and the cost of filter which were left there prior to my family and I and was advised to wash and reuse while we lived in the home.All these charges seem false and very misleading to us as to what our responsibilities were and what we did per lease and contact there at Steinborn. Per last conversation with Christi via e-mail she was going to discuss things Derek G on 09/09/15 and get back to us regarding these invoices but as of today 09/21 no word.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]
Response to Revdex.com for complaint
filed regarding disposition of tenant security deposit--[redacted]
To Whom It May Concern:
This customer was a former
tenant who occupied a rental property under a written rental agreement managed
by...
Steinborn on behalf of a private owner.
Tenant disputes charges levied against and withheld from their security
deposit as noted in our final disposition of their security deposit. Due to unforeseen circumstances beyond the
tenant’s control, they unfortunately had to break the rental agreement early and
prematurely terminate the agreement.
One of our rental managers spoke
to tenant on approximately July 27th, 2015 regarding early
termination/breaking of the Tenant’s lease.
Tenant was verbally notified that, in accordance with the rental
agreement, they would be responsible for rent, utilities, and upkeep of the
property until such time as the property was re-rented. In addition, tenant would be held responsible
for payment of a $300.00 plus tax re-lease fee along with any costs associated
with getting the property ready for a new Tenant.
Tenant’s written rental
agreement clearly stated their obligations and responsibilities to keep the
property maintained during the term of the Agreement until a new tenant could
be secured and a new rental agreement put into place. These obligations included maintenance of all
utilities and yard up-keep, and the requirement for Tenant to return the
property back to Landlord in clean condition, including housecleaning and
professional carpet cleaning.
As stated in the complaint,
charges for house and carpet cleaning, utilities restoration and interim
utility costs as well as make-ready and re-lease fees, were all legitimate
costs incurred and were unpaid by tenant at time of move-out. All charges were allowable under the rental
agreement and were therefore charged against tenant’s deposit.
The property was successfully
re-rented to new tenants with the new lease start date commencing August 18,
2015. Thereafter, no further costs for
rent or utilities or property maintenance were charged to the outgoing
tenant. The outgoing Tenant vacated the
property on August 3, 2015 and Landlord performed an initial walk-through of
the property on approximately 8/4/2015.
At that time, the yard was clean to acceptable standards. However,
during the approximate two week period until the start date of the new lease, the
weeds grew to an unacceptable level (due to rains) and had to be removed. Therefore the cost for removal of weeds was
charged to the outgoing tenant.
A voicemail from the Tenant was
received by Jenni N. on September 8th, 2015. Christi G. had been communicating via email
with tenant regarding the final disposition of security deposit. Therefore, Christi G. was asked to respond
and did in fact respond via email on the same day, September 8th,
2015.
We will further review the
disposition of deposit, in particular the “make ready” charges, and will contact
the Tenants within 24 hours to discuss those charges further.
Dear Revdex.com,The following is our response to Mr. [redacted]'s complaint:Facts:
The tenant moved in to the property in mid-April 2014. On
July 31, 2015, the tenant was on a month to month lease, and gave thirty (30)
day notice that he was moving out. The notice...
stated “ I will
be moved out by the end of August.” The tenant turned in the keys
on August 14, 2015.
Law:
As found in the Uniform Owner-Resident Relations Act
(47-8-1 to 52 NMSA 1978 as amended)
47-8-37 Notice of Termination and damages: Section
B; The owner or the resident may terminate a month-to-month residency by a
written notice given to the other at least thirty days prior to the
periodic rental date specified in the notice. (emphasis
added)
47-8-37 Deposits: Section C. …the owner shall provide the
resident with an itemized written list of the deductions from the deposit and
the balance of the deposit, if any, within thirty days of the date of
termination of the rental agreement or resident departure, whichever is
later. (emphasis added)
Analysis:
The tenant gave notice on July 31 and also paid a full month of
rent for August. His handwritten move out notice stated he would be out
“by the end of August.” Obviously, any current claim to the
contrary, the tenant was well aware of his obligations under the provisions of
his lease, and state law.
Conclusion:
If there is any legitimacy to this claim (which we absolutely do
not believe there is), it is an interpretative question related to the law, and
must be reviewed and addressed in the proper judicial venue, which under the
Uniform Owner-Resident Relations Act, is Magistrate Court in Dona Ana County.
Any other approach is premature and inappropriate.
Additionally, if a prior tenant has an issue, that needs to be
addressed by that person. This current tenant has no knowledge of the
actual facts related to ANY other situation.Please let us know if there is any additional information we can provide. Thank you.John L. H[redacted]
Complaint: [redacted]
I am rejecting this response because: A message was left for Jenni N. vis voice mail on said date, when we received no call back we did contact Revdex.com. After filing our complaint we noticed an e-mail from Christi trying to explain the charges. When we spoke to Jenni in July in regards to breaking our lease due to medical circumstances, we were not told immed about the cost to break the lease only advised about incentive options to future residents in regards to the home being re-rented, it wasnt until offers came in that we learned about the $300.00 to re-rent the home in breaking the lease fees, shampooing if carpets at $112 to 114, and possibly the cost of cleaning cost if we did not clean the home. We advised Jenni we would clean the house, which we did, every floorboard, every cupboard and shelves, closets and shelves, window sills and paper blinds, front and back patios swept, swept out garage, vacuumed all carpets, cleaned all bthrms, pantry, light fixtures, and left refrigerator spotless. Yet we were charged $134.45 for housecleaning we did but due to the pics Christi sent saying we did not pull out the stove and refrigerator and cleaned behind or in between appliance and wall/counter.Not once were we told we needed to pull out appliances (risk damaging them) and clean behind them and in between appliance and counter. In the same we were not explained to either on the phone when we spoke to Christi about some weeds still being there but were very small and all the rain while moving was making it hard. Christi's response was it was okay as long as they were not outrageous or up to our knees they were fine, end of call. Christi did not indicate or mention during call that yard, weeds needed to be maintained while the home was vacant until 18th new tenants moving in, we would have had someone from our church handle it for us, but instead we were billed $81.23 for weeds and roundup sprayed. Not once were we told we needed to keep utilities on and in our name until new tenants moved in so we were charged another $144.02 for someone to turn on the AC yet the utility company states they were only billed $13.00, plus on top of the $324.94 billed by Steinborn as the the re-lease fee- broke lease we were billed an additional outstanding amount of $111.42, which makes no sense since we paid prorated rent until the Aug. 18th. In the $144.02 invoice billed to us not only were we charged for the AC to be turned on, but the water heater, the retouch paint (which Jenni N. told us was the landlords responsibility upon a tenant moving out), but to have light switches checked (??), and the cost of filter which were left there prior to my family and I and was advised to wash and reuse while we lived in the home.All these charges seem false and very misleading to us as to what our responsibilities were and what we did per lease and contact there at Steinborn. Per last conversation with Christi via e-mail she was going to discuss things Derek G on 09/09/15 and get back to us regarding these invoices but as of today 09/21 no word.
Regards,
[redacted] [To assist us in bringing this matter to a close, the consumer must give a reason why they are rejecting the response. If the consumer does not provide a reason if he complaint will be closed Administratively Resolved]
[A default letter is provided here which indicates your acceptance of the business's response. If you wish, you may update it before sending it.]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]