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BBB Accredited Business since 07/31/2009

Bragg and Associates Real Estate, LLC

Phone: (706) 210-0494Fax: (706) 210-0496

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Customer Complaints Summary

1 complaint closed with BBB in last 3 years | 0 closed in last 12 months
Complaint TypeTotal Closed Complaints
Problems with Product / Service1
Advertising / Sales Issues0
Billing / Collection Issues0
Delivery Issues0
Guarantee / Warranty Issues0
Total Closed Complaints1

Complaint Breakdown by Resolution

Complaint Resolution Log (1)BBB Closure Definitions
05/19/2014Problems with Product / Service | Read Complaint Details
X

Complaint
We were transferred overseas, they rarely responded to our phone calls, emails, or requests for home inspections, and failed to enforce the lease term
We hired Bragg & associates to manage rental of our house because we were getting stationed overseas. I would stay up late to call, or email requests about home inspections or checking if issues were being taken care of since I had some complaints from neighbors that the garden areas were being left to grow out of control in an HOA and the area around the HVAC had not been kept clear as was requested. My emails would get ignored or if I'd call I'd get told it would be taken care of but never got a follow up response.

Last year we were lead to believe the tenant had signed a new lease, there was supposed to be a 5% increase imposed for going to a month to month lease. For 7 months Bragg & Associates did not collect that increase leaving my tenant to owe a large sum in back pay. Bragg & associates were also not supposed to get any portion of that 5% increase because they hadn't secured another one year lease and yet that have been taking a cut of it. The only thing they seem good at doing is taking their 10% cut.

Desired Settlement
Collection of back pay, Bragg & Associates is to take no portion of the back pay and should honestly be paying interest since the fault lies with them for not either securing a new lease or collecting the 5% increase as stated in the lease terms. They are to take no portion of any future fees from the 5% increase. Perform a complete inspection of the property interior and exterior with photos to include checking the interior HVAC filters.

Business Response
On February 27, 2014 I was sent an email from ******* ******** not as the primary recipient but carbon copied. As the company Broker, I did not respond to the email because it was a recap of what my agent ***** ***** and Mrs. ******** had discussed concerning her rental property. From what I read her concerns had been addressed.

Mrs. ******** is correct on only one point. Our office failed to implement a rent increase when the tenant in their rental home failed to sign a new 12 month lease, instead choosing to become a month to month tenant. That increase was a 5% increase that would increase the total rent. Once we were aware that the increase had not been collected my agent ***** ***** reached out to the tenant to determine their plans and to explain to them that they were month to month and additional fees where due. Mrs. ******** agreed to give the tenant until April 1st to determine if they were remaining or would be leaving the area due to their residency assignment. The agreement, acknowledged by Mrs. ********, was that if they signed a year's lease the 5% increase would be vacated. As of today, the 5% increase has not been collected from the tenant and therefore Bragg and Associates has not collected any portion of that fee as a management fee. We do not collect a management fee until funds are collected. Should the tenant not sign a new lease by April 1, the 5% increase will become effective and once the funds are collected. Those funds will be handled according to the Management Leasing agreement signed by both Mrs. ******** and our office which states a 10% fee is due Bragg and Associates.

To my knowledge no one in this company ever lead Mrs. ******** to believe a new lease had been signed. All our leases are uploaded into a secure Owner portal that Mrs. ******** has access as an owner. A simple visit to that site would have shown her that no new lease had been uploaded. There are no correspondences stating the tenant had renewed.

As for inspections, in the State of Georgia there are Tenant Landlord laws which our office must follow. We are not allowed to simply inspect a home that is occupied by a tenant at any time without cause. The tenant has quite enjoyment of real estate and inspections without cause are considered harassment. Mrs. ********'s agent has visited the property and taken photos which have been provided to the owner. Mrs. ******** was also told at the time the management agreement was signed that we could not force a tenant to maintain a garden as she had. The only way to insure that it remained in the same condition was to hire a company at her expense to maintain it. She declined. However, a recent email stated that she wanted an addendum to original lease that the garden be weeded once a month either professionally or by them. This was not a responsible request by Mrs. ******** and had been addressed at the time of our contract.

As for correspondences. I have asked for copies of correspondences with Mrs. ******** to be provided to me which I have received and they are numerous. In one Mrs. ******** states that she only had internet access on her phone (which would be limited) and in a conversation with her agent stated that when she was in Guam she had limited access to internet and that it was spotty at best. I don't feel that we can be held responsible for her lack of internet service.

On Saturday March 22, Mrs. ******** was notified that a home inspection had been scheduled at her request for March 26th at 3:00. That inspection was scheduled prior to our receiving notice of this complaint.

Our office has tried to accommodate all Mrs. ********'s request but we must do so within the scope of Tenant Landlord Laws of the State of Georgia. I also feel our office has addressed Mrs. ********'s concerns with regard to the collection of the increased rents numerous times which she acknowledged in February yet continues to revisit.


Consumer Response
I do not consider this complaint closed since they have not enforced the lease agreement the tenant signed to agreeing to hire someone to weed the garden beds. My son and I spent countless hours and thousands of dollars putting together those garden beds in an effort to increase the property value. I have pictures showing what they looked like prior to move in and the shambles they are now. Asking them to drive by the house to see if my garden beds are being cared for does not infringe on the tenants privacy. I spend a minimum of $534.00 a year to *********** to aerate, and weed & feed the yard. The tenant can even call *********** free of charge to come out and spray for weeds or yard pests - I've already paid for that. I made it very clear to Bragg and Associates I was serious about having the exterior cared for and they have not enforced the signed lease which clearly states the tenant must have someone weeding and caring for those garden beds. I made a call to ***** and she had told me a lease had been signed, since I also had continued to receive the same amount I took her word for it. I feel they took advantage of our being overseas and unable to have reliable internet access and having to stay up until very late hours to call them. They do not deserve a dime of the back pay that is owed to me since it was there fault for not collecting it - furthermore I think Bragg & Associates should be responsible for paying interest on the money that was not collected. Better yet - LET ME OUT OF MY CONTRACT with them so I can hire a company who is capable of enforcing a signed lease. I also have an email sent to me by one of their employees with some very inappropriate and offensive political pictures I would love to share with the BBB if you have an email address to send them too. Considering I am retired military and my husband is still active duty and sworn to serve our country and it's leaders I find that email particularly offensive. I just want OUT of my contract with them as soon as possible, they have done nothing positive in the management of my property or enforcing the lease. ******* ********* XXX-XXX-XXXX


Consumer Response
We were stationed in what would basically be considered almost a 3rd world country so my telling them I had no internet other than through my phone was a very valid statement of which they were reminded several times and chose to ignore. Last year when my HVAC unit had issues they told me it was because the it was not covered by the warranty, they did not say the warranty had expired. Had they told me it had expired I would have called to make sure it was renewed, I was under the impression it was a 10 year warranty but apparently that part was only for the structure itself. The warranty paperwork along with quite a few other things was lost by the movers. Bragg and associates now holds the only existing copy since they also destroyed the hardrive on my computer that had copies of most of my paperwork. Being in the military and transferring every year like we have been is something their company has no concept of and I feel they take advantage of the military who are frequently deployed or moving and unable to communicate with the management staff. I am currently suffering from PTSD and severe anxiety / depression because of my time on active duty. I also suffer from gastroparesis. The stress of dealing with their company has caused me to lose more than 15% of my body weight in the last four months because it has caused the gastroparesis I had under control for the last 6 years to flare up so badly I can barely eat. It has also caused me to have several severe anxiety / panic attacks which lead to having to be seen by the emergency room and have left me barely able to function on a day to day basis because of the neglect they are causing by not enforcing the lease agreement in it's entirety. The amount of money I invested in the fence, brick work, replacing the red clay with good soil and plants along with other renovations I did to that house pretty much wiped out most of our savings, the 4 moves within the last 4 years and another one anticipated within the next year have wiped out the rest. The military only pays a very small fractions of what it costs to move, we are lest to cover the rest. That house is the only thing of value we own, asking them to enforce a contract that states the tenant is REQUIRED to hire someone to maintain the garden areas is not asking too much considering what I pay for weed / pest control for the yard each year and the money I do collect for rent for the house barely covers the mortgage, taxes, insurance, and other money put towards the house. It will cost me thousands to get that garden area back to being presentable for re-rental or sale, money that the deposit does not cover. I do not think they should be able to collect any percentage of the back-pay owed since it was their negligence that caused it to happen. In my previous emails that were forwarded it showed they new that money needed to be collected from the first month it was due, for that reason I feel they don't deserve a dime of it and if anything THEY should be paying the interest on it. I was verbally told over the phone a new lease had been signed, it wasn't until I returned stateside and had internet access I found out that was a lie. I was also verbally told by ***** ***** when I signed the contract paperwork that 5% increase would not be touched by Bragg & Associates since it was an inconvenience fee for me. Yet another lie, one of many I have gotten from their company which is why I do not trust them and want my contract with them released for cause so I can hire a company that actually will be persistent in enforcing a contract and not take advantage of our military transfers or the possibility of our going to yet another area with limited internet access. As of now I have emailed them yesterday because I can't access their internet site and need the URL and login information re-sent. God knows how long that will take since they take their sweet time with everything. I WANT MY CONTRACT WITH THEM RELEASED DUE TO NEGLIGENCE ON COLLECTION OF RENT INCREASE FROM THE FIRST MONTH THE CONTRACT WENT MONTH TO MONTH, FAILURE TO RESPOND TO CALLS / EMAILS WHILE WE WERE OVERSEAS, FAILURE TO ENFORCE THE HIGHLIGHTED PORTION OF THE CONTRACT THE TENANT SIGNED AND AGREED TO ABIDE BY WHICH READS:
13. B
1 TENANT SHALL KEEP THE LAWN MOWED AND EDGED, BEDS FREE OF WEEDS, SHRUBS TRIMMED, TRASH AND GRASS CLIPPINGS PICKED UP ON A REGULAR BASIS (MINIMUM OF ONCE EVERY WEEK IN GROWING SEASON AND FALL LEAF SEASON) AND SHALL KEEP PROPERTY, INCLUDING YARD, LOT, GROUNDS, PREMISES, WALKWAYS AND DRIVEWAY CLEAN AND FREE OF RUBBISH, TRASH AND DEBRIS.
2 TENANT MUST HIRE A PROFESSIONAL YARD MAINTENANCE COMPANY TO TRIM SHRUBS, CUT & BLOW YARDS AND WEED BEDS. GRASS MUST BE KEPT WATERED.
Asking Bragg & Associates to drive by the house to see if this EXTERIOR maintenance is being done does not in any way infringe on their privacy - it DOES infringe on MY right to have the lease enforced. Last year there was a small week growing between the HVAC units which I asked to make sure was pulled - ***** ***** the person managing the property at the time ensured it would be taken care of even if she had to pull it herself. Now that once small weed has grown to the size of a tree that they expect me to pay $85 to have pulled - this weed along with all the others would have never been there had they enforced section 13 B of the lease. I have no clue how many of my trees / shrubs / and other plants have been killed due to neglect from not weeding or properly watering - something Bragg & Associates were hired to protect. When I first met ***** she ensured me she would enforce that portion of the lease. Here is an email she sent me regarding a discussion on how serious I was about the yard maintenance:

"***** *****
To Me
Jun 20, 2012
They have signed off on all the charges. I think I have scared the ******* out of them about the yard. He said.....You just tell me who, what, when and where and we will take care of if. lol"

The amount of mental and physical stress it is causing me to have such a negligent company neglecting the only thing of value is taking a very large toll on me, I want them fired with cause. If you have an email address I would also like to forward to the BBB the very unprofessional email I received from ***** ***** who was supposed to be responsible for checking on the property and enforcing the lease. I would like very much to forward it since it contains unprofessional political pictures which are offensive in multiple ways, in particular to someone who has devoted 22 years of their life to the military and is now a military spouse.

Plain and simple I want Bragg & Associates out of my life and away from my property.


Consumer Response
I never requested an addendum to the lease about the care of the yard & garden beds, it was in the ORIGINAL lease in BOLD HIGHLIGHTED text that was signed by the tenant and has been quoted word for word in my previous complaints. Bragg & Associates failed to enforce that portion of the lease and the repairs to those areas will cost me thousands of dollars. I had been told while I was overseas via phone conversations things were being cared for, it wasn't until I spoke to my neighbors and asked for the exterior of the house to be inspected I found out what horrible condition my landscaping was in. Bragg & Associates should be responsible for the repair of these items since they failed to enforce a portion of the lease that was put in BOLD HIGHLIGHTED text because of how important it was to me. The money I collect from the house barely covers or mortgage, rent, taxes, and the service through *********** I provide. This company has done nothing but lie and provide false testimony to me since day one, sadly since we were overseas and my only way of communicating with them was staying up until 2am to call long distance most of it I can't give written proof of. I do want an email address so I can forward the original lease contract proving that section WAS in the lease and also provide the very offensive political email I received from one of their employees. Their utter disrespect for the sacrifices our service men and women make disgusts me and I can't wait for my term with them to be over with.


Consumer Response
******* *********
Apr 11 (3 days ago)
Reply
to BBB
Thank you, they are finally releasing me from my lease at the end of April - only about 2-3 weeks early. I still feel they shouldn't get any of the back pay and should owe me interest on it, they are insisting they have earned their cut even though they did nothing in the management of my property and it is their fault the money is owed. Furthermore I think they should be responsible for restoring my landscaping since the reassured me over and over they would enforce that portion of the lease. The deposit won't begin to cover the repair of these damages, damages they could have prevented. They took advantage of our service and being stationed in a remote area. The emotional stress they have caused me has caused my PTSD & anxiety issues to be uncontrollable by medication and caused my service connected gastroparesis to flare up to a point where I can't hold down solid food and have lost at least 10, possibly 15% of my body weight in the four months since returning stateside. I already have a very small frame because the gastroparesis limits my food intake so much. I had all of these things under control until I returned to the states and found out how many lies I had been told when I was staying up until 2am to call them during their business hours because we couldn't access their internet portal and they rarely responded to emails. The damage they have done to my mental and physical state of being by their neglect of my property is unforgivable. If we had the money I would sue them but since I can't work and am still fighting the VA for compensation it would be a horrible financial burden on us. Please help us, they took advantage of our military status and being in a remote area.

Thank you,
******* *********


Consumer Response
to me
Is it possible to hold Bragg and Associates responsible for the financial burden of restoring our landscaping since they did not ensure it would be cared for as is clearly specified on the lease the tenant signed? I have an email from one of their employees stating she had talked to the tenant and ensured me they would abide by that section of the agreement and she would enforce is. Had they asked the tenants to provide monthly statements regarding the care of the yard or checked on the yard and enforced the lease I wouldn't be in this situation.

Also since they failed to collect the back-pay when it was due despite know they rent was supposed to go up - I have email proving they new the 5% increase was to be enforced last July. For that reason I do not think they should get any of that money and if anything owe me interest on it since they failed to even attempt to collect any of the money until I returned stateside and realized a new one year lease had not been signed and asked why the rent hadn't been increased. They took great advantage of our military status and remote location and although they have released us from our contract beginning April 30th - I am still waiting on something more formal than an email - so I can hire a more attentive company. I do not consider this neglectful behavior on the enforcement of our lease agreement settled. The only thing they seemed good at was collecting their own 10% and lying every time I stayed up until past midnight to call their office.

They were also supposed to upload statements from both *********** *********** that were being left at the house, I over the past couple months I have had to have *********** email me the statements, ******* does not have that ability. The have not uploaded full work-orders for the HVAC repairs or Garage repairs showing who did the work or exactly what was done, only that work was done. The garage door stopped working after the battery was changed, it was a simple matter of resetting the remote to the main box in the garage - something I had told ***** ***** when she took over watching the house. She new I had no access to their portal overseas and made to effort to text or email me about either of these repairs.

Here is an email from the person who was supposed to be checking on my yard and ensuring it was taken care of, she is also the one who sent me the offensive anti-American. From this and my calls to her I was assured my yard was being cared for even though my neighbors stated otherwise. I asked her to collect statements from whoever the tenant had hired to maintain the yard and never once saw any statement showing who or what was being done even though it is highlighted in the contract. For this act of neglect in enforcing a signed lease that was highlighted in that portion I feel Bragg & Associates should be held accountable for the restoration of my yard and garden beds to what they were at move in time.

I am also disappointed to see that the BBB does not show a complaint as being lodged against them, they do not deserve the rating they have - not when they take advantage of military stationed in remote areas


Consumer Response
In January I only received $1410 in rent, instead of my normal $1485 - I am assuming they charged me for the removal of a large weed growing near the HVAC system which I have been asking them to have the tenant remove since last year. I did not authorize this charge and informed them they needed to advise the tenant once again of their responsibilities regarding paragraph 13.B of the lease contract. So not Bragg & Associates owes me the $75 for an unauthorized work order that should have been charged to the tenant and would have never been an issue had the management company enforced the lease agreement and collected statements saying the yard was being professionally maintained per the lease agreement.

The $1485 did not include the 5% increase that should have been owed since July 1st of last year had Bragg and Associates began collecting it. As I've proven in previous email snippets they KNEW the five percent increase was to be imposed starting July 1st of last year and neglected to do so.

I want restoration of the $70 charged to my account for an unauthorized work order that should have been charged to the tenant and was clearly stated to Bragg & Associates as such.

Payment of the $577.50 back pay I am owed with Bragg & Associates to take no portion of said pay, if anything they should owe me interest on this money since they woefully neglected to enforce the increase even though I have an email from the manager *** ***** sent prior to when the increase should have taken affect stating that her company knew about the increase and would enforce it if I new contract was not signed. With our being overseas we were lead to believe a new contract had been signed since we had no access to their owner portal.

I want FULL work statements of all work done on the house showing who did the work and what was done, as is their portal only shows a description of the work and not the company or full work report.

I also want Bragg & Associates held responsible for the restoration of that landscaping that they ensured me was being taken care of per item 13.B of the lease contract which they were to enforce. I have plenty of before and after pictures to prove this is not the case and there has been possibly hundreds if not thousands of dollars in damage due to their neglect in enforcing the lease.

Furthermore they are delaying providing me with both the move in checklist which is not on their portal and I never received a copy of, the house was in better than new condition and had just been painted after we moved out. We only lived there roughly a year and NEVER wore shoes in the house, we invested a significant amount in home improvements for the sole purpose of increasing the rental value. They also have not provided me with the release document I need to hire a new company and begin the turnover process.

And I have yet to see that any complaint has been filed against them, the email I forwarded from their employee with the anti-American photos should have been enough to justify removing their so called A+ rating.


Business Response
Mrs. ******** has a signed a two year contract with our company May 14, 2012. Mrs. ******** is bound to that contractual agreement just as we are and we are not going to change the terms of a 24 month agreement at month 23 because Mrs. ******** has become unhappy at the end of her contract. She agreed to pay our firm a fee of 10% of all rents collected. The funds that she keeps referring too HAVE NOT BEEN COLLECTED by our firm and therefore not a dime has been paid to Bragg and Associates.

Our position on this complaint remains the same, Mrs. ********'s perception of what we can and cannot do as managers is flawed. We have informed Mrs. ********* that as managers have must follow Landlord Tenant Law for the state of Georgia. The tenant has an enforceable lease that states they must maintain the yard. Should they not do so then State Law allows several remedies: for the owner to give written notice to the tenant to vacant in no less than 60 days(she declined), for the owner to hire someone to take care of the yard (she declined) or for the tenant to remain in the property at at time of move out if the yard has not been adequately maintained to deduct the amount of the remedy from the security deposit. Mrs. ******** was informed prior to the lease agreement being signed that her yard would never look like it did on May 12, 2012 unless she continued to pay for the landscaping. She declined. She also declined to require the tenant to hire a professional landscaper instead opting to provide them with a list of possible landscapers should they be so inclined.

Our office has provided services to Mrs. ******** as agreed to in our lease management agreement. We regret Mrs. ******** does not understand the full extent of Georgia Tenant Landlord Law but it is our job to abide by that law and we will not be bullied by or pressured by her threats "to file complaints with anyone and everyone possible" as stated in an email to me on April X XXXX.

Mrs. ******** was notified on April 11, prior to our receipt of this latest complaint that our office was more than happy to release her from her management agreement prior to the expiration and that it would be effective 4/30/2014.


Consumer Response
I was ensured the portion of the contract that was in bold highlighted letters would be enforced and that Bragg & Associates could even provide referrals to the tenant if needed. On numerous occasions I asked if this portion was being enforced and was assured it was. I don't expect the yard to be perfect, but I do expect the management company to enforce the lease. They neglected to do so with both the lawn care and with the 5% rent increase which I have already proven via an email from *** ***** they knew the when the increase should have been imposed and it was their neglect that cause the tenant to owe so much in back pay. It wasn't until our return from overseas in January and were finally able access the portal they used when we found out the tenant had not signed a new lease they finally began collecting. From what I can see from this email they have taken the back and late fees from the deposit.

BEGIN EMAIL
******* *****
To Me*** *****
Today at 2:13 PM

The Security Deposit Forfeit was in the amount of $1650.00. There was a balance on the account of $707.50. Our program applies any SD Forfeits to open charges, therefore leaving the remaining balance of $942.50 to be transferred to you.

Thank you,
******* *****
Accountant
*************************************************************************** XXXXX
(XXX) XXX-XXXX
Fax (XXX) XXX-XXXX

END EMAIL

Because of their negligence in collecting back fees despite the email I was sent by *** ***** herself I do not feel they should be entitled to any of this money and if anything they should owe me interest on it.

Because they failed to enforce a signed lease agreement by making sure a professional company was hired as they had assured me they would do - section 13.B, or by checking on the property. Collecting statements showing the yard was being cared for or checking on the state of the garden beds would have easily prevented this issue. I feel they should be held responsible for the restoration of the yard to it's previous state. They collected 10% of our rent money which barely us enough to pay the mortgage, taxes, insurance, ***********, and ******* and provided no real services to us.

And yes I will continue to complain to the BBB and other public consumer sites for the failures on their behalf regarding the enforcement of our lease contract and if need be hire legal representation. GA law does not allow a manager to take advantage of service members stationed in remote areas nor does it allow for the sending of anti-American photos or emails from a professional company - particularly when these emails are sent to people who have a combined 35 years of service to their country.

I will send a copy of the transaction history to the BBB too. One of the transactions was a fee to "repair" the garage door opener after putting in a new battery. ***** ***** had been advised that EVERY time the battery is changed it needed to be reset to the transmitter by simply pointing the remote to the main control in the garage and holding the button down a few seconds. I also still have no idea why my January payment for this year was $1410 since there was no approved work order and if they charged me for the removal of a large weed I've been asking them to have the tenant remove since last year that was a fee that should have been charged to the tenant, not me. I had a very specific discussion with one of their employees that I would not pay for this and expected them to enforce they lease they had helped draw up and were hired to ENFORCE.

Here is the register showing they HAVE taken out the 577.00 from the deposit along with late fees. If anything THEY should be paying us late fees! I also still do not have the form I need to hire the new company despite their saying they would terminate our contract early. It is not just their lack of enforcing the lease, the whole time we were overseas they ignored my emails or phone calls and would find some excuse to delay responding to us or just outright lie.


Consumer Response
I received this email from the owner of the company and was given the *** ***** and was given the the "Unilateral Termination of Brokerage Engagement Agreement" by one of the companies I am looking to hire to forward to Bragg & Associates so I could begin the hiring and take over of a new company, I have yet to receive this form filled out by Bragg & Associates and my issues with their neglect of the property and taking the back pay from the deposit is making it very difficult to hire on a new company.

BEGIN EMAIL

To Me*****, Realtor ***** ******************@gmail.com and 2 More...
Apr 11

*******,



We will be more than happy to conclude our business with you by April 30, 2014. Please notify me in writing to whom the Security Deposit should be transferred and we will send that check out as soon as we notify the tenant of same. We'll also notify the tenant of the change so that they have plenty of time to arrange to send their May rent to someone else.



Likewise, my office and staff are ready to complete our business with you as well.



The owner portal address has never changed. As for your password, we do not have access to that, only you can reset that. If you are having trouble accessing the site than I can only assume there is a problem with the host server and you should try again at a later time.



The owner portal web address is:



********************************************



*** ** *****, Broker
ABR, CRS, GRI, ePRO Member, National Association of REALTORS(c)(NAR)
AMS, CMCA-Member, Community Association Institute(CAI)
Member, National Association of Residential Property Managers(NARPM)
Bragg & Associates Real Estate, LLC
*************************************************
Phone: XXX-XXX-XXXX
Fax: XXX-XXX-XXXX

END EMAIL

The response I received after sending the "Unilateral Termination of Brokerage Engagement Agreement" was that I was not a member of the National Board of Realtors and had no right sending her that form even though I did so on behalf of another company and am just trying to get something in writing stating when our termination date is going to be.




Business Response
The owner was informed on May 14th 2012 that if she wanted her yard to look exactly as it did on that date she would need to continue the lawn service that she had. tenant's cannot be forced to hire professional landscapers or to water a yard and that in our experience they would not keep a yard as neatly as an owner. The owner declined to continue the lawn service instead opting to give the tenant the names of several professional landscapers should they chose to hire one. The tenant was notified that the yard and weeds were to be maintained. The only two remedies we lawfully have to enforce that a tenant maintains a lawn is 1.) notify them that the yard needs to be maintained and if it is not have it done and deduct from the security deposit either at that time or at move it. Since the yard was being maintained this was not needed and 2.) give the tenant notice to vacantthe owner declined this option.

I'm not sure how else we can explain the account to the owner. The $577.50 that is on the account was paid to the owner and deducted from the Security Deposit. It is the only way that our accounting program will allow us to close the account prior to the tenant leaving. This is the same thing that we would have done had the tenant fulfilled the full term of the lease and NOT paid the back rent. We would have deducted it from the remaining security deposit, paid the funds to the Owner and returned the balance tot the security deposit to the tenant.

Because we have agreed to end our management agreement with the Owner we have deducted the back rent from the tenants security deposit and transferred that rent to the Owner. We have also transferred the remaining $942.50 which is now the remaining balance of the security deposit. Should the tenant vacate in good standing at the end of the lease, this is the amount of the security deposit that should be refunded to her. All of this is shown clearly on the ledger that has been send to the Owner. If she does not understand simply accounting I would recommend she seek help of an accountant.


Again, as of the January rent. The rent amount was $1650. Our management fee is $165. On December 18th we paid an invoice for $75 for maintence. This amount was paid out AFTER Mrs. ******* received her full rental amount in December ($1485) and therefore was deducted from her account in January.

She started with a negative $75 balance on January 1.

-75 + 1650 - 165 = $1410. This is real simple math.

On April 16th Mrs. ********'s account was closed when we transferred $3186.50 into her account. The funds are as follows.

Balance of 5% rent increase due from Tenant less management fee ($577.50 - $57.75) $519.75
April Rent less management fee $1559.25
Late Fee collected $65.00
Balance of Security Deposit $942.50 ($1650 - $577.50 = $942.50)
Owner deposit $100

We have not TAKEN her money, it is in her account and has been accounted for to the penny. The Owner, however, has contacted at least two other Broker's in the Augusta area and stated that our firm has misappropriated her money which is far from the truth.


Consumer Response
EMAIL FROM PERSON HANDLING MY PROPERTY REGARDING LEASE AND TENANTS:

Their Rental Reference from current Landlord:

Length of Residence: 5/2008 - Present
Number of late payments: 0
Tenants account is satisfactory

States that they would lease to these folks again w/ this stipulation: "I would insist on tenant hiring a professional lawn maintenance crew to take cart of the yard weekly.

**Please note in the contract on pages 3 and 9 that I have addressed this. He is willing to do so.

He told me about the dispute w/ the present Management company. They were trying to make him use a certain company and he did not want to pay that much.
I told him we would give him several names of lawn care companies and he could choose but we have to have a contract showing that he has someone. "This is where your neighbors eyes come into play" :-)

I told him that your lawn man lived right down the street and he asked or his name also.

SPECIAL STIPULATIONNS:

1. Grass, shrubs to be cut, edged & blown and all flower beds weeded, just prior to move in. (I have told him I expect him to leave the home in the same or better condition than he receives it, so I want him to receive the yard in perfect condition)

2. All exterior locks to be re keyed at owner's expense prior to move in. (We have our locksmith do and withhold charge from the 1st months rent.

3. Tenants must adhere to Section 13 B #'s 1 & 2. If this is not done, owner will fill for eviction immediately.

4. Possession to be Friday, June 22, 2012.

PLEASE RESPOND TO THIS EMAIL WITH QUESTIONS, A COUNTER, A DENIAL OR AN ACCEPTANCE. WE WILL SIGN THE LEASE, ON YOUR BEHALF, ONCE THE TENANT PAYS THE RESERVATION FEE.





Thank you for your consideration of this contract and I hope to hear from you soon.

Warmest regards,

*****


***** *** *****, Realtor, GRI
Real Estate Listings and Sales &
Residential and Commercial Property Management
Bragg & Associates Real Estate, LLC
********************************************************************************************************************************************************************************************************************************************************
E-mail: *************@gmail.com
Website: ****************

END EMAIL


Consumer Response
I was encouraged by ***** ***** to put item 13.B pertaining to the maintenance of the yard in the lease because the only complaint the previous landlord had was the maintenance of the yard. I was assured they could enforce this line item and expected they would collect receipts proving the yard was being cared for. I am already paying for *********** to come out for aeration, fertilization, and spraying for yard weeds / pests. What I am charging for rent is not enough to cover landscaping maintenance too which is why 13.B was added to the lease and expected to be enforced. If they can't enforce something they shouldn't suggest it be added to the lease or falsely testify they can enforce it as ***** ***** did when I was signing the paperwork.

As for the accounting I understand it quite well, I just don't thing Bragg & Associates deserves a dime of it since it was their negligence that caused the tenant to owe so much in back pay. I was lied to last year via a phone conversation that a lease had been signed and did not question it since we were overseas and did not have access to their "portal" (which quite frankly is a joke of a site). It wasn't until we returned to the states and I saw the portal in January that I realized they had not been collecting the 5% increase and had to point it out to them that they finally got off their butt and started collecting. I do not feel they should have charged my tenant a late fee since no one should be expected to come up with that sum of money immediately and I also do not feel they should be permitted to take anything from the deposit, that can be handled when the tenant moves out if they have not paid up. Bragg & Associates collected the money out of sheer greed so they could get their cut, this was not something done on my behalf or upon my request.

I still feel Bragg & Associates should be held responsible for the restoration of the landscaping the assured me they would make sure the tenant hired a professional to care for. I also would like the restoration of all late fees to the tenant and the restoration of any fees they took from the deposit so the full deposit can be restored until the tenant moves out and damages are assessed.

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