Our deposit of $1475 was not returned. The house was professionally cleaned, we gave our 30 day notice. The notice was accepted by email per our leasing agent**********. The lease contract states that either party may cancel with a 30 day written notice. We were given a list of items to be done by the leasing agent**********. We completed the list as asked. We were never billed for June, as we were billed monthly for two years prior. There were several times we offered to do a lease\purchase on the home but the owner insisted he did not want to do that and wanted us out by March 2014. We struggled to get approved for a mortgage and found a new home. We had to spend thousands of dollars as a result. The owner gave us until June because we had a child in school and to our luck we found a house in the same school district and was able to close earlier. We gave our 30 day notice as mentioned in the agreement. We were told that we would not get our deposit back because we did not stay till June as originally requested. However, our thirty day notice was accepted and we were never told anything to the contrary. Furthermore, this company runs their business out of a private residence. There is nowhere to go to speak to someone about any issues you may have.********** regularly avoided emails and texts making it very hard to get information.
We would like our deposit refunded in the amount of $1475.00. As we left the home in good condition, had it professionally cleaned, and gave a 30 day notice.They have told us we need to take it up with the owner...however, we do not know the owner nor his address and have always delt with DP Realty.
We had a documented residential rental agreement with a term of 4/1/12 through 3/31/14.
On 1/27/14 the tenant(aka consumer) requested via email to extend this agreement through 6/30/14. Supposedly the owner agreed to this extension with our property manager.
On 2/13/14 the tenant emailed our property manager requesting an email confirmation stating the lease was extended until 5/31/14 even though our agreement was an extension through 6/30/14.
On 2/14/14 our property manager sent a confirmation email to the tenant stating that the agreement to extend the rental agreement was through 6/30/14 instead of 5/31/14 which was stated in tenant's email dated 2/13/14 above.
On 4/30/14 a letter was sent by tenant announcing they were submitting their 30 day notice that they would be vacating the property on 5/31/14 and that they expected a refund in full of their security deposit "since the property is left in good condition" even though this letter was written 30 days prior to their planned departure from the premises. According to the initial "Residential Rental Agreement" a 30 day notice to terminate only applies at the end of the initial term in the absence of an agreement to extend the initial agreement. In this case the owner agreed to extend the lease through an extra 90 days concluding on 6/30/14 and the tenant was notified of this on 2/14/14 via email as stated above. The owner was not interested and unwilling to accept a 2 month extension to the initial agreement. He was only interested and willing to accept a minimum 3 month extension.
Since the tenants took it upon themselves to vacate the premises prior to the new agreement termination date of 6/30/14 without paying rent for June, this was considered a noncompliance and breach of the rental agreement.
Item 22 of the State of SC Residential Rental Agreement states "Upon termination of the tenancy, property or money held by the landlord as security deposit may be applied to the payment of accrued rent and the amount of loss of rents or damages which the landlord has suffered by reason of the Tenant's noncompliance with the SC
Residential Landlord and Tenant Act. Any deduction from the security deposit must be itemized by the landlord in a written notice of the tenant together with the amount due, if any, within 30 days after termination of the tenancy and delivery of possession and demand by the tenant, whichever is later." The tenant was notified of this accordingly via letter dated 6/29/14. Also in this letter was an itemized list of additional costs and damages the owner of the property suffered but chose not to pursue a remedial settlement.
I know the tenants were upset about losing their security deposit but as licensed Real Estate business it was DP Realty and Management's responsibility to execute and enforce the rental agreement.
The following are responses to other complaints by the tenants:
1. The house was professionally cleaned, we gave our 30 day notice.
The house was not clean per our itemized letter dated 6/29/14
2. We were never billed for June, as we were billed monthly for two years prior.
We never bill for rent. Payment schedule for rent is prescribed in the "rental agreement".
3. There were several times we offered to do a leaseon the home but the owner insisted he did not want to do that and wanted us out by March 2014.
This was the owner's rightful decision prior to his eventual agreement to extend the lease for 3 months. Why should this reflect on DP Realty & Management?
4. We struggled to get approved for a mortgage and found a new home.
Why should this reflect on DP Realty & Management?
5.We had to spend thousands of dollars as a result.
Why should this reflect on DP Realty & Management
6.The owner gave us until June because we had a child in school and to our luck we found a house in the same school district and was able to close earlier.
Why should this reflect on DP Realty & Management? The owner didn't want to rent to the tenants beyond the original agreement term but showed compassion *** agreed to a 90 day extension. Why did tenants schedule an early closing date knowing they had a rental agreement through 6/30/14.
7. However, our thirty day notice was accepted and we were never told anything to the contrary.
We never accepted a thirty day termination clause and this statement is contrary to our 2/14/14 email in which we confirmed the 6/30/14 termination date.
8. Furthermore, this company runs their business out of a private residence.
Why should this reflect on DP Realty & Management?
9. There is nowhere to go to speak to someone about any issues you may have.
This is not true. All of our people make appointments with clients, tenants, vendors, etc. numerous times daily in their homes, in our homes, in offices, in restaurants, in coffee houses, etc. We are very open to communication with all of our contacts.
10. Our Property Manager regularly avoided emails and texts making it very hard to get information.
I am starting to feel like a dart board. She is a successful realtor and broker and if there was something specific that warranted a legitimate complaint why wasn't our broker-in-charge notified about any specific complaint issues. Actually the tenant stated "We appreciate you working with us while we lived at ************** in the 4/30/14 memo stated above.
(The consumer indicated he/she DID NOT accept the response from the business.)
Attached you will find the email conversation between us and DP Realty regarding the extension of our original lease.
We asked for a 90 day extension 1/27 and it was denied 1/27. It is clearly indicated that the only way we were going to be able to extend this lease was to lease/purchase this home.
We declined to purchase this home (as the home has roof leaks and A/C problems). and planned to move the end of March.
The second request was for an extension through May. Phone conversation (1/28) with *** Waite. (see email thread). *** Waite said the owner agreed to let us stay to the end of May and my husband Derwin asked for confirmation of this verbal agreement via email on 2/14.
It was very clear that we only wanted to stay till the end of May. We were asking for confirmation for May. Why they sent a confirmation for June is unclear.
*** said the owner agreed to May, my husband asked for confirmation for May but they sent confirmation for June? By this time,
The extension had already been approved for May.
We understood the agreement to be on a month to month basis. We understood that the owner was Ok if we wanted to stay till the end of June.
No where in this email does it say that we agree to June. Our original request for June was clearly denied!!! DP Realty tried to strong arm us into purchasing this property by denying our original request. When we refused they recanted but by that time we had changed our request to May.
Our 30 day notice was accepted and we completed the itemized list that *** Waite asked us to. We had the house professionally cleaned the items were inspected by ***.
*** accepted our 30 day notice and the reconciliation of the itemized list. The email notification of rent due stopped in May. If rent were due for June I would have received an email notice (customary of DP Realty) around the 27th of May for rent due in June. Therefore, we were not aware there was rent due in June. Why would we?
Nowhere does it say that we asked or agreed to June after our initial request was denied. In addition, the initial contract was not valid because it was incomplete.
We were under the impression that the owner knew we wanted to leave in May and decided to let us stay till June if we needed to...
Since there is nothing in writing, no new contract, and an incomplete initial contract, we are considered to be month to month. A month to month lease only requires a 30 day notice.
This company is very confusing in the way that they do business...It was never made clear to us that we had to stay till the end of June. We understood the extension to be on a month to month basis and that we could stay till June if needed. We are still expecting our deposit to be returned as we did everything we were asked to do.
DP Reality failed us and the owner by not communicating properly their expectations. Just because you say something in an email does not make it so. All parties must agree.
Perhaps I have chosen the wrong media to resolve this issue. Yes, John Hill was/is their client but we also are customers of DP Reality. We also have rights under SC law and having a copy of our complete ratified contract is one of them...We cannot be forced into a contract just because you sent an email saying so...all parties must agree. We agreed to stay till May verbally and also in writing. Never, did we agree to June after it was initially denied.
I am not a Broker and do not have prior experience with rental/sale contracts in SC or Real Estate law in SC.