Walter J O Boyle

I want to specify that the contractor in question is not working for All American Real Estate NNY LLC directlyIt was explained to the owner of the property *** *** ** ***, that once the job is done our sub-contractors get paid in the next rent cycle out of the proceeds of the monthly
rent unless the owner has made other arrangementsIf, after 30-days they don't get paid by the owner then we notify the owner that we will pay them out of the next month's proceedsAttached is the invoice from the contractor, and as you can see the majority of the charges are due to the materials purchased by the contractor and were installed in the owner's homeThe contractor agreed to do the whole job without requesting any down payment, knowing that our company has a good record of paying them on behalf of the ownersIt took very long for the contractor to finish the job because the tenant would not allow anybody in her house when she was not there and had the contractor re-schedule the jobs several timesAlso when he was there she would not allow a full day of work but would allow only a few hours per day to try and complete the jobThe job was completed on February 26n Again I would like to reiterate the contractor had to put the material on his credit card to complete this jobOne month later the tenant contacted us saying the shower was leakingWe tried to get into the house to repair it several times but the tenant would not allow the contractor to have access to the homeOnce the tenant scheduled the appointment she would cancel, and did so on more than one occasion and as of today has not allowed the contractor in the house to proceed to complete the necessary repairWe do understand that owner's may want to withhold some money if the job is not completed or not working properly, but we are not sure the shower is leaking or the extent of the leak because the tenant has not allowed the contractor in the houseWhen we contacted the owner and told her that we were not able to get in she said the tenant had the right to not allow people in the house if she didn't want toThis has been a problem since the day we started to manage the propertyThe tenant won't let contractors in to finish work, and the owner says that if the tenant doesn't want to let them in, then that is the tenant's rightNot sure why 100% of the contractor's money has been held due to a leaky faucet and the inability to fix a water leak that was identified after the work was completedAt this point is not the contractors fault that the shower is not repaired (if indeed it is leaking and if so must not be very bad because two months later the tenant has not allowed the contractor in).This problem could have been repaired and fixed in a timely matter had the contractor been granted access to the homeThe money we withheld from the rent owed to the owner was $which did not even cover all the materials that are already installed in the owner's houseThe check for the contractor is $($from May rent + $from her escrow account)We did not pay the contractor right away, in the email, which is attached, we gave her days to pay the contractor some money and if she had paid the contractor, we would have forwarded the money to herShe instead fired us said in her message, which I saved, not to call herAfter the days passed we asked the contractor if he received any money and at that point we felt that we could send the checkWe do not have a contract with her anymore based on her firing usIf she had finished to read her email, it said that she could have paid the contractor directly and then we would have forwarded her the monthly proceeds of her rentAbout the desired settlement: #The contractor is very willing and has been very willing to finish the work or fix it but has not been allowed in the house, with the owner consent#All American Real Estate NNY LLC released her from the contract the moment she left the message firing usWe don't force people to stay in any contract with us if they don't want to work with usThey are always free to terminate the contract at any time by giving days noticeIn her case the immediate notice will doHer best interest would be to have the shower repaired so it won't cause more damage to the house, with or without tenant's consentBut she chooses not to have that done and we understand, but if that is the case she cannot withhold total payment because the job is not done and has not allowed the contractor access to the home to finish the job#The owner of the property states in her complaint that this is not the first problem with our companyIf there has been a problem or the owner believes there were other problems, we have never been notifiedWe have a very good relationship with all of our owners and our tenants and will continue to give top notch service to all our clientsVery Respectfully, James Conlin Sonia Conlin Licensed Real Estate Broker/Owners All American Real Estate NNY LLC

I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
#1 The shower to my knowledge is not fixed.   Their contractor was lined up in July of 2015 to fix this problem.  The contractor never attempted the job until Jan. 2016.  I know this because I had order the parts he needed in July.  The parts were sent back in December for not pick up!  That is why they are on his credit card .My tenant has a right to have the contractor come at time that works for her as well as the contractor. My tenant does not collaborate their story of many contacts or attempts.  She also rented a house with two bathrooms and has not had full access to one bath. #2 ACH Deposit All American Rea TYPE: [redacted]-May CO: All American Rea 05/09/2016  14 days ago None $370.00 The normal deposit is $1,170.00  I could not pay my mortgage on time.
#3  All American has been aware of the problems with this shower and other repairs that needed to be completed since they began managing the house.  My tenant has told me she was planning to  terminate her lease because the management company was rude to her and was not responding to repairs.  The shower and the vanity are the repairs  I am aware of.  I didn't expect to be involved in the managing of repairs and contractor issues.  I thought that was the management companies job. #4 The issue cannot be resolved until the shower is fixed.
Regards,
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