Utah's Prime Property Management, LLC

To Whom it May Concern:Thank you for the opportunity to clarify the concern of Mr [redacted] I have researched our maintenance records, communication and lease agreement as well as spoken to the 3rd party HVAC technician that serviced the call and have listed out the events below:On 7/13/2015, Prime Property Management received an email from Mr [redacted] indicating that the A/C wasn't getting very cold On 7/14/2015, an order was placed with [redacted] to assess the air conditioner (this is a 3rd party professional HVAC vendor) On 7/17/2015, the owner and technician of the above company called Prime Property Management and indicated that he went to the property and did a full check and the system was running sufficiently When he arrived at the property, the unit was completely shut off and it was degrees in the home He spoke with the tenant while there who indicated that they do not turn on the A/C during the week and then turn it on on Fridays and it doesn't cool fast enough The technician explained to the tenant that an A/C unit isn't designed to quickly cool a home, it must be kept at a reasonable temperature at ALL times and then turned slightly up or down The technician assessed that the unit was working overtime non-stop trying to cool the unit down on Friday and then off on Monday, which could burn up the motor as well The technician indicated that there was no malfunction or issue with the A/C unit and that the issue was the tenant using the system incorrectly and therefore the charge was allocated to the tenant.The servicing technician also included a breakdown of service on his note which reads exactly:"When I got here the stat was turned off and it was degrees in the living roomThey told me they only turned it on over the weekend I tried to explain that it would take 1-days to cool house down when everything was this hot, and if they wanted it cooler in the house they would have to keep it running by using the thermostatChecked both filter and refrigerant level they were both good also checked temperature out of vents and there was a degree difference, When I left they turned it off." The lease agreement reads as follows in regard to the allocation and responsibility of charges: "Tenant shall immediately reimburse Landlord for any sums necessary to repair or replace any item, fixture or appurtenance in or around the premises that needs service due to the misuse or negligence of Tenant or Tenant's guests or other occupants whether welcome or not." This is found on page 4, paragraph "CONDITION OF PREMISES" The tenant's initials are on the bottom of the page indicating it has been read and understood and agreed to The lease agreement in full was signed by Mr [redacted] on 8/8/agreeing to the full terms and conditions While the unit didn't require to be repaired or replaced, the cause of the perceived issue was the tenant's misuse of the system and had this not occurred, a technician's service call charge would not have been required.The lease agreement reads as follows in regard to the allocation of 15% interest: "In the even that tenant fails to pay any rent or fees accrued in the given month, tenant agrees to pay interest equal to 15% of amount owed on all outstanding balances." This clause is found on page item 4A "Late Fees" The bottom of the page has Mr [redacted] 's initials indicating it has been read and understood and agreed toOn 8/13/a letter was mailed to Mr [redacted] informing him of the HVAC Service Charge as well as the 15% interest accruing from that charge should it not be paid The full letter reads as follows:08/13/2015RE: [redacted] ***Dear Tenant,Enclosed you will find a detailed breakdown of your payment history Please note the following outstanding charges:MAINTENANCE: $HVAC Service CallTOTAL OWING: $ Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matterOn 8/18/the tenant replied to the letter via mail as follows:"I have received a letter today concerning an HVAC service charge coming from youI am wondering why we are being charged for this service? Your guy did not repair or fix anything on that cooling systemHe said that the cooling system is not strong enough to push the cold air to the upper floorsOne other thing is I do not see on the Lease Agreement that we are liable for any charge on any diagnosis of such." On 8/18/Kandace R [redacted] , from Prime Property Management replied to Mr [redacted] via email as follows:***~I received an email today concerning the HVAC invoice your received.I have noted that on 7/you called to say your AC unit was not cooling the house off, so we sent a tech out to look.The finding from the tech stated that [redacted] went out and when he arrived the AC unit was shut off and it was degrees in the homeIn talking to you, you stated that you shut off the AC unit during the week and then turn it on on Fridays for the weekend and it never cools [redacted] explained to you that the home will never cool down unless the AC unit is left on timeThe AC unit is working overtime trying to cool it down for a couple of days As there was not a problem with the AC unit itself, I have to charge you for the tech to go out.I would be happy to set you up on a payment plan to take care of the $chargeNo additional response was received after this email On 11/10/A second Delinquency letter was mailed that read:11/10/2015RE: [redacted] ***Dear Tenant,Please note the following outstanding charges: A detailed payment history can be provided upon requestINTEREST: Aug, Sept, Oct $59.90MAINTENANCE: $HVAC Service Call 7/29TOTAL OWING: $Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matterNo response was received to this letter dated 11/10/On 12/15/a 3rd Deliquency letter was mailed that read:12/15/2015RE: [redacted] ***Dear Tenant,Enclosed you will find a detailed breakdown of your payment history Please note the following outstanding charges:INTEREST: $86.14MAINTENANCE: $115.00TOTAL OWING: $201.14Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matterNo contact was made to Prime Property Management to resolve this, rather Mr [redacted] elected to contact the Revdex.com to resolve.Prime Property Management is diligent in keeping the allocation of charges very fair between owners and tenants In all cases where a home has a mechanical defect or issue that is not caused by the tenant, the charges are allocated to the owner as this is their responsibility to keep the home in good working condition As per the lease agreement, when a mechanical component is not functioning properly but it is due to the misuse by the tenant, this charge must be allocated to the tenant, not the owner In this particular instance, the A/C unit will function properly if used properly, additionally, further misuse of the unit could cause substantial damage in the future The allocation of the charge to the tenant was based on the professional opinion of the 3rd party HVAC supplier indicating that the issue was not mechanical, but the misuse of the system by the tenant The lease is clear of the responsibility of charges in such instances as noted above, there were delinquency letters sent clarifying both the charge and the interest, and a staff representative personally contacted Mr [redacted] with an attempt to both clarify the charges as well as set up payment arrangements and offered to discuss further if required In all cases, Prime Property Management acted fairly, provided clear information and expectation and held up due diligence in follow through at every point of contact It is our request that this case be filed as resolved If Mr [redacted] would like to contact our office to set up payment arrangements, we would be more than happy to do so If you have any other questions or the breakdown above was not clear, please let me know.Regards,Niki T***Sales & Marketing Director###-###-####***@PrimePropertyManagement.com

To Whom it May Concern:Thank you for the opportunity to clarify the concern of Mr*** I have researched our maintenance records, communication and lease agreement as well as spoken to the 3rd party HVAC technician that serviced the call and have listed out the events below:On
7/13/2015, Prime Property Management received an email from Mr*** indicating that the A/C wasn't getting very cold On 7/14/2015, an order was placed with ** * *** to assess the air conditioner (this is a 3rd party professional HVAC vendor) On 7/17/2015, the owner and technician of the above company called Prime Property Management and indicated that he went to the property and did a full check and the system was running sufficiently When he arrived at the property, the unit was completely shut off and it was degrees in the home He spoke with the tenant while there who indicated that they do not turn on the A/C during the week and then turn it on on Fridays and it doesn't cool fast enough The technician explained to the tenant that an A/C unit isn't designed to quickly cool a home, it must be kept at a reasonable temperature at ALL times and then turned slightly up or down The technician assessed that the unit was working overtime non-stop trying to cool the unit down on Friday and then off on Monday, which could burn up the motor as well The technician indicated that there was no malfunction or issue with the A/C unit and that the issue was the tenant using the system incorrectly and therefore the charge was allocated to the tenant.The servicing technician also included a breakdown of service on his note which reads exactly:"When I got here the stat was turned off and it was degrees in the living roomThey told me they only turned it on over the weekend I tried to explain that it would take 1-days to cool house down when everything was this hot, and if they wanted it cooler in the house they would have to keep it running by using the thermostatChecked both filter and refrigerant level they were both good also checked temperature out of vents and there was a degree difference, When I left they turned it off." The lease agreement reads as follows in regard to the allocation and responsibility of charges: "Tenant shall immediately reimburse Landlord for any sums necessary to repair or replace any item, fixture or appurtenance in or around the premises that needs service due to the misuse or negligence of Tenant or Tenant's guests or other occupants whether welcome or not." This is found on page 4, paragraph "CONDITION OF PREMISES" The tenant's initials are on the bottom of the page indicating it has been read and understood and agreed to The lease agreement in full was signed by Mr*** on 8/8/agreeing to the full terms and conditions While the unit didn't require to be repaired or replaced, the cause of the perceived issue was the tenant's misuse of the system and had this not occurred, a technician's service call charge would not have been required.The lease agreement reads as follows in regard to the allocation of 15% interest: "In the even that tenant fails to pay any rent or fees accrued in the given month, tenant agrees to pay interest equal to 15% of amount owed on all outstanding balances." This clause is found on page item 4A "Late Fees" The bottom of the page has Mr***'s initials indicating it has been read and understood and agreed toOn 8/13/a letter was mailed to Mr*** informing him of the HVAC Service Charge as well as the 15% interest accruing from that charge should it not be paid The full letter reads as follows:08/13/2015RE: *** *** *** *** ** ***Dear Tenant,Enclosed you will find a detailed breakdown of your payment history Please note the following outstanding charges:MAINTENANCE: $HVAC Service CallTOTAL OWING: $ Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matter. On 8/18/the tenant replied to the letter via mail as follows:"I have received a letter today concerning an HVAC service charge coming from youI am wondering why we are being charged for this service? Your guy did not repair or fix anything on that cooling systemHe said that the cooling system is not strong enough to push the cold air to the upper floorsOne other thing is I do not see on the Lease Agreement that we are liable for any charge on any diagnosis of such." On 8/18/Kandace R***, from Prime Property Management replied to Mr*** via email as follows:***~I received an email today concerning the HVAC invoice your received.I have noted that on 7/you called to say your AC unit was not cooling the house off, so we sent a tech out to look.The finding from the tech stated that *** went out and when he arrived the AC unit was shut off and it was degrees in the homeIn talking to you, you stated that you shut off the AC unit during the week and then turn it on on Fridays for the weekend and it never cools*** explained to you that the home will never cool down unless the AC unit is left on timeThe AC unit is working overtime trying to cool it down for a couple of days As there was not a problem with the AC unit itself, I have to charge you for the tech to go out.I would be happy to set you up on a payment plan to take care of the $charge. No additional response was received after this email On 11/10/A second Delinquency letter was mailed that read:11/10/2015RE: *** *** *** *** ** ***Dear Tenant,Please note the following outstanding charges: A detailed payment history can be provided upon request. INTEREST: Aug, Sept, Oct $59.90MAINTENANCE: $HVAC Service Call 7/29TOTAL OWING: $174.90 Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matter. No response was received to this letter dated 11/10/On 12/15/a 3rd Deliquency letter was mailed that read:12/15/2015RE: *** *** *** * *** ** ***Dear Tenant,Enclosed you will find a detailed breakdown of your payment history Please note the following outstanding charges:INTEREST: $86.14MAINTENANCE: $115.00TOTAL OWING: $201.14Please contact Prime Property Management within days to set up payment arrangements If we have not received an acceptable payment plan within this time frame, balances not paid at the end of the month may accrue 15% interest, and this may affect your ability to re-sign and positive rental references in the future Per your lease agreement, should you continue in delinquency, you may receive a notice of eviction, additional fees and/or a day notice to vacate We appreciate your urgent attention to this matterNo contact was made to Prime Property Management to resolve this, rather Mr*** elected to contact the Revdex.com to resolve.Prime Property Management is diligent in keeping the allocation of charges very fair between owners and tenants In all cases where a home has a mechanical defect or issue that is not caused by the tenant, the charges are allocated to the owner as this is their responsibility to keep the home in good working condition As per the lease agreement, when a mechanical component is not functioning properly but it is due to the misuse by the tenant, this charge must be allocated to the tenant, not the owner In this particular instance, the A/C unit will function properly if used properly, additionally, further misuse of the unit could cause substantial damage in the future The allocation of the charge to the tenant was based on the professional opinion of the 3rd party HVAC supplier indicating that the issue was not mechanical, but the misuse of the system by the tenant The lease is clear of the responsibility of charges in such instances as noted above, there were delinquency letters sent clarifying both the charge and the interest, and a staff representative personally contacted Mr*** with an attempt to both clarify the charges as well as set up payment arrangements and offered to discuss further if required In all cases, Prime Property Management acted fairly, provided clear information and expectation and held up due diligence in follow through at every point of contact It is our request that this case be filed as resolved If Mr*** would like to contact our office to set up payment arrangements, we would be more than happy to do so If you have any other questions or the breakdown above was not clear, please let me know.Regards,Niki T***Sales & Marketing Director###-###-####***@PrimePropertyManagement.com