BBB has determined that Park Avenue Properties meets BBB accreditation standards, which include a commitment to make a good faith effort to resolve any consumer complaints. BBB Accredited Businesses pay a fee for accreditation review/monitoring and for support of BBB services to the public.
BBB accreditation does not mean that the business' products or services have been evaluated or endorsed by BBB, or that BBB has made a determination as to the business' product quality or competency in performing services.
Complaint My family and I are renting through Park Avenue properties and they don't have an occupancy permit for the rental unit we have been in since April. I recently medically retired from ************ due to ****************** and came to Charlotte to start a new life for my family.We have been renting since April 1 and since then there have been an electrical inspector and fire inspector in our home to make sure it is up to code for the renovations done before we moved in.They did not have the permits completed upon renting and Park Av. Properties claims they did not know.The fire inspector informed us there is not a certificate of occupancy and we have been living here illegally. He also informed us that based on his reports we may have to vacate the premises upon the owner getting all of the permits required to rent the property.Park Av. Properties is being difficult with dealing with this manner and being ignorant to the fact they were renting this property illegally. We have small children and do not break the law. We do not feel comfortable living here now that we know we are not supposed to be.They will not let us out of our lease or deal with the matter at hand. I fought to hard for ******************************* to be treated as if I did something wrong and horrible. I just do not want this happening to someone else or my family being on the streets due to there ignorance.I am trying to set up different living arrangements for my family and I but cannot do that without trying to break my lease.Thankyou
Desired Settlement I would like my lease broken without financial repercussions on my part.I would also like my security deposit back.
Business Response This situation was complex for the homeowner of this property as well as our firm. The current homeowner bought the home earlier this year and was not fully aware that there had been renovations made to the home. All of the rehab work had been completed at the time he purchased the home. The home is in beautiful condition. When the information was brought to light, records were looked up and the previous homeowner did pull all necessary permits and completed the work within the proper course of action. The issue is the previous owner did not finalize the paperwork by filing for his Certificate of Occupancy (CO)after the repair work was completed. The current homeowner (our client) was not made aware of this fact until after the closing had occurred. At that point he was making every effort to finish where the previous owner had left off. This was not information our firm was made aware of until after the tenant was occupying the home and the owner needed to have an inspector visit the property. Our client was making every effort to get the issue (that he was not aware of for a lengthy period of time) resolved timely. The home was not in any way inhabitable, there was no illegal work performed, simply an error between a buyer and a seller that the seller had to resolve. The Certificate of Occupancy (CO) was issued on 8/18/15, which was even prior to the date of this BBB complaint. Although the CO has since been issued, the homeowner has agreed to release the tenant from their active lease penalty free as a good faith gesture. Per our legal counsel, this was not something that the owner would have been required to do as there was no breach of lease and no malice or harm caused to the tenant. We feel good that this issue was handled and resolved in a manner fair to all parties.
Consumer Response (The consumer indicated he/she ACCEPTED the response from the business.)
Complaint After requiring three applications for the same property and $105 in application fees, they did not rent the property. Park Avenue Properties required a $35 application fee. Although the application was completed properly, they did not process it and required a second application for the same property. They then required a co-signer to fill out a third application for the same property. Each application cost $35 for a total of $105. Once applications were submitted, they rented the property to someone else. First, it would be reasonable to processed one application for the property. It would have also been appropriate to disclose that other applications were being considered.
Desired Settlement Park Avenue Properties should either refund the $105 or use the application for consideration toward other properties.
Business Response Thank you for the opportunity to respond to this complaint. We are truly sorry that this applicant feels that Park Avenue has treated them poorly.
Park Avenue Properties' application is a very comprehensive process. The applicant applies online through our website. The application is immediately processed by a third party screening company. The screening process includes a credit and criminal background check, verification of income and rental/residential history. Once all of the information has been received, the information is submitted to the landlord for approval.
The prospective renter's application was submitted and did not meet the income criteria to rent the home. The prospective renter had a guarantor offer to apply to get the application approved. The application was considered incomplete at that point. The project manager disclosed to the original applicant that other applications had been submitted. The other applications were completed while the guarantor was applying. The property ultimately went to an applicant with a completed application that met the criteria.
PLEASE NOTE: The guarantor is the complainant in this situation.
The disclosure in the property description on the Park Avenue Properties website clearly states that application fees for the property are non-transferable. I have uploaded a screen shot of property listing as it appears on our website.
After further research, we were able to confirm the complainant's claim that a duplicate application fee had been mistakenly charged is accurate. Park Avenue Properties will issue a refund of $35 for the duplicate fee.
Given the information provided to you we request that you close this applicants complaint against Park Avenue Properties.
Complaint During a phone conversation in mid April, ***** made an offer to prorate rent for the month of May. Now he is refusing. During a phone conversation in mid April, I advised ***** of Park Avenue Properties that we were purchasing a home and would be closing May 1st. We planned to make some upgrades and improvements to the new home before moving in and would be out of the rented home by the end of our lease term on May 31.
***** then said that the home owner wanted to go in and make some repairs and improvements to the rental home before the next tenant moved in. He offered to pro-rate the rent biased on when we were able to get out. I advised ***** that we would be out ASAP and would live in our new home while we upgraded it.
On Saturday May 2nd. I emailed ***** to advise him that the house was empty and that the carpets would be cleaned Monday. I requested an exit walk through for Monday evening.
I did not hear back from ***** until Monday morning. He stated that we were obligated until the end out our lease term and that we must maintain utilities in the home until then.
I replied asking about our previous phone conversation and he said "Sorry that was my standard response, Yes we can pro-rate", "but... we were only expecting you to leave a week early."
Time was never discussed. Our phone conversation indicated that to sooner we were out, the better.
He consistently told me that he needed to talk to the homeowner. However my own call to him confirmed that he had spoken with him and left out many details about his and my conversation. The homeowner also claims that ***** never advised him of our plans to move out early.
I have attempted to contact ***** every hour since 7 AM today (5/5/2015) I have left messages. He is not returning my calls.
I have attempted to contact ***** supervisor however they are also not returning my calls.
This is a very shady business practice.
Desired Settlement I would like my full deposit back as there are no damages to the home. I have pictures taken on 5/4/2015 to note the condition.
I would like May's rent pro-rated and refunded as promised. The home was in turn in condition on 5/4/2015. I have paid $1050.00 for the month. I will pay for 4 days of May and would like a refund on May's rent of $914.00 ((1050.00/31)x4=135.48) 1050.00-136.00= $914.00.
Total refund due to me: $1964.00
Business Response Thank you for the opportunity to respond to this complaint. The complainant has an executed lease that holds him responsible until 5/31/15. There is no documentation to support that either Park Avenue or the landlord agreed to prorate rent for an early move out nearly a month prior to the end of the lease. Furthermore, the complainant has NOT paid the rent for May so no rent pro-ration refund could be done even if there had been a written agreement in place.
The security deposit will be used to cover the non-payment of May's rent. As a show of good faith, Park Avenue will honor the original terms of the conversation between the property manager and the complainant. We will pro-rate the month of May for a three week time frame rather than charge the complainant for the contractual obligation of the full month. Any remaining funds will be disbursed to the complainant after the prorated rent has been deducted and the security deposit settlement statement has been completed.
Park Avenue Properties has not violated any part of the executed lease agreement and in fact has acted in good faith toward this complainant. Given this information, we would respectfully request that you close this complaint against Park Avenue Properties.
Consumer Response (The consumer indicated he/she ACCEPTED the response from the business.) My experience with Park Avenue Properties has been a nightmare. The owner of the home was a pleasure to deal with and talk to. I am ready for a full end to any and all business relationships I have with Park Avenue Properties. I did not pay Mays rent due to the on going dispute. I asked them to take any remaining monies owed from the security deposit. The house was left in at a minimum as good of shape as when we moved in. We took care of it as if it was our own. I do not anticipate any charges due other than Mays rent.
Complaint Accepted $220 in application fees and then pulled the property off the market, after assuring me that there were no other applications on the property I viewed a home for rent with my Realtor. After viewing the home, I started the application process online while my Realtor called Park Avenue Properties to see if there were other applications on the property since this was the only property I was interested in. After my Realtor was assured that there were no other applications on the property (it had just hit the market), I submitted my application online, including $220 in fees to apply for myself, spouse, and two adult children. The next day, my agent saw in the TMLS that the property had been changed to "Temporarily Off the Market", meaning no longer available. My agent called Resident Research to check on the application and was told that the application had been processed and sent back to Park Avenue Properties that morning. I also noted that my credit card had been charged $220 in application fees. My agent called back to Park Avenue Properties and spoke to the property manager who said the property had been rented. She asked why we were led to believe that no other applications existed when I submitted mine while on the phone with Park Avenue Properties stating that no other applications existed. She said that another could have been submitted at the same time, but I believe this is dishonest business practice to get $220 in fees. My agent asked that the fees be refunded, but was denied. I am going to file a complaint with the NC Real Estate Commission. Companies should not be allowed to give out false information in an effort to take money from consumers. They offered to transfer the application fee to another property, but this is not acceptable and they were told that I was only interested in this one property. They outright lied to get $220 and all of my personal information on myself, my spouse, and my two adult children. I would like the $220 refunded to my credit card. I will also be placing a fraud alert on my credit. I do not trust them with my information.
Desired Settlement $220 for application fees to a property that was not available for rent.
Business Response Thank you for the opportunity to respond to this complaint. We are truly sorry that this applicant feels that Park Avenue has treated them unfairly.
This prospective renter and the agent are both applicants and there was some miscommunication on the property address in question. The agent/applicant called Park Avenue to inquire about the status of their application upon noticing online that the property was removed from the market. There was confusion as to what address the applicant was referencing. The information given was for a similar address property. The mistake was found almost immediately, within an hour, and the agent/applicant was called back and given the correct information along with an apology. The misinformation was based on an incorrect address. These prospective tenants were indeed the approved applicants and the property was offered to them. Not only did they receive a phone call with this information but an email explanation as well. It was also explained that the property was pulled from the market because they were the approved applicant. Park Avenue removes the property from our inventory and advertising as soon as an approved application is received. This is done to avoid having another application submitted on a property that is no longer available.
While we can understand the initial frustration and disappointment by the applicant, we were able to almost immediately rectify the miscommunication and were prepared to move forward with the lease. The applicant has decided not to move forward in leasing the property. If the applicant changes his mind and the property is still available, we are happy to again move forward with a lease.
Park Avenue prides ourselves on full disclosure of our application process, there is a very detailed disclosure on the cover page of the online application that clearly states the application fees are NON-REFUNDABLE. I have uploaded the cover page for your review.
Given the circumstances surrounding this situation, we do not feel obligated to refund the application fees. We have not committed fraud or intentionally mislead anyone. We respectfully request that you close this complaint.
Complaint We had a mold issue in the home we rented. Beyond the issue never getting resolved we suffered a loss and are trying to get resolution of the cause. Ever since Aug 2014 we have been getting the run around from park ave about the actual cause of mold we had in our rental home. We had to get a mold test done just to prove our issue only to be told they would remediate the home for the new tenant but not for us. Through dozens of emails back and forth with **** the property manager we were told once the maintenance order was done we would get a copy of it to provide our insurance company so we could try to recover some of our items that we had lost due to the mold. Since the owner would not approve the remediation while we resided in the infested property we lost most of our belongings as we could not afford the remediation cost of $4000. Park Ave continues to give us the run around of not identifying the actual cause of the leak (causing the mold)and has changed their story time and time again.
Desired Settlement We are demanding the business release the requested information immediately so that we may move forward with this claim that began in August 2014! Enough is enough. Stop stalling and being dishonest!
Business Response Thank you for the opportunity to respond to this complaint. As it relates to this complaint, it is important to note that the owner of this property no longer has a property management agreement with Park Avenue Properties.
This tenant reported issues with the HVAC unit and a leak in a window. Both issues were repaired in a timely manner. Subsequently this tenant reported mold appearing on some of their belongings. The tenant requested remediation and the owner denied it. The tenants filed a claim with their own insurance company for mold damage to their property.
Park Avenue Properties has cooperated and disclosed the requested documentation to the Insurance Company. The insurance company also contacted the restoration company to find out that the cause of the mold growth was inconclusive.
Park Avenue Properties has done nothing dishonest in this situation and we request that this complaint be dismissed. Documentation has been uploaded with this response to support our position.
Complaint The company provided unsatisfactory service and billed for tasks not performed. Park Avenue Property Management (hereinafter referred to as "PA") promised to find a suitable tenant to rent my home. Initially, PA agreed to list our home for $1475. However, under their advisement, we lowered the fee to $1350. The tenants signed a 1 year contract in March 2015, but broke the lease in less than five months. Prior to the tenants breaking the lease, we received information from a neighbor of the tenant's intention. Immediately, we notified Park Avenue, but they did nothing about it. Within three weeks, on July 29, 2015, the tenants emailed that they had moved out of the property. PA informed me that the tenants would be responsible for rent through the end of their contract and that we should find a replacement immediately. PA also advised that the tenants would be responsible for any advertisement and marketing fees to re-list the property. The tenants paid August, as they are still responsible for the remainder of their lease term, per PA. By August 12, PA referred a new tenant. They asked us for $910 to revamp the property. However, they had not yet secured the new tenant or received a security deposit. In fact, they initially informed me that the previous tenant left our home in excellent condition. Needless to say, the new tenant (with a *** credit score and $**k/per month plumbing job) never executed a lease. It is highly doubtful that PA properly screened the unsuccessful recommended tenants. PA informed me that they re-keyed my home, but a family member was able to enter with my original key. PA claims to have performed an inspection on my home, but confirmed certain items had been removed that the previous tenants claimed were not. PA claims to have purchased garage remotes, but I have pictures of these new remotes which are clearly the same as my original remotes, as we initial had three and I kept one. PA charged me in August for a March carpet cleaning, when they have deducted multiple "repair" fees from our rental income from March through May. PA would request verbal confirmation of the telephone for "repairs" using one price but charge a higher price in the end. PA was asked to contact us for approval prior to making repairs as we had a warranty. In fact, they claim to have contacted our warranty company on one occasion, which we confirmed was untrue as the warranty company did not have their contact information on file and could not have released information on our property without first consulting with the homeowner. PA would wait until late afternoon to respond to our inquiries where were would not have time to discuss the issues. PA associates would blame each other rather than address and fix our issues. PA provided the previous tenant (after he had broken the lease and vacated the property) and a neighbor with the lockbox code and key to my home; opening my home up for vandalism and theft. PA did not provide adequate service. PA did not recommend worthy tenants; and likely failed to properly screen applicants. PA refused to release the security deposit for a month post the tenants breaking their lease. After weeks of communication, they finally agreed to release the security deposit, but created false invoices. In fact, intuition advised me to screenshot my account the morning of Friday, August 28th; which listed three invoices for "repair" charges which totaled $330, one being the March carpet cleaning which is absurd (and previously deducted from our account). By the close of business, they had stolen more than $1000 from my account and made up new bills that did not exists that morning.
Desired Settlement Full refund for all fees, costs and a formal apology.
Business Response Park Avenue was contracted by ********* to manage her home. At the time of executing an agreement, a rental assessment was performed and an evaluation provided. Our firm makes recommendations on rent rates and reductions based on a number of factors such as, but not limited to; time of year, days on market, number of showings and feedback from agents and perspective tenants. We do not make any rent reductions without consent of the homeowner. This was a mutually agreed upon decision. Park Avenue uses a third party screening company that utilizes a specific set of criteria to screen every applicant. Each applicant is discussed with the homeowner and the homeowner is privy to results of the screening. All applications are discussed between the property manager and the homeowner to determine who the best fit is for the home. We will not move forward with a prospect until our client (the homeowner) approves the selection. The notion that Park Avenue did not effectively screen is simply inaccurate because our applications are available online and once submitted are received immediately by the outsourced screening company and the results are sent to the homeowner and property manager at the same time for discussion. The beauty is the client (homeowner) sees exactly what we see. If a tenant breaks their lease early, the are rent responsible until a new tenant is secured. Our firm proactively advertised the home and quickly secured a potential new tenant. Ultimately, the new prospective tenant was frustrated and felt the homeowner was slow to make decisions and they decided to move on. It is customary to have expenses to prep a home for a new tenant. As far as the maintenance related issues, all invoices are valid invoices and were verified. The lock change occurred on 8/5/15 and was billed accordingly. We have no knowledge of someone gaining entry with an existing key. When our firm was advised by the owner that a neighbor (who we have since discovered had also become friends with the renters)advised them that the tenants had planned to vacate, we attempted to contact the tenants immediately both by phone and email. When a response was not received, an occupancy check was performed. It was not evidently clear that the tenants had vacated, therefore we must follow the normal course of action by law, which would entail a summary ejectment process if abandonment of the home is confirmed. We continued to attempt to contact the tenant to get confirmation that they had vacated the home. We could not proceed in any other manner because there was no delinquency in rent and there were still a few items in the home that belonged to the tenant. Therefore, we could not simply re-key or look for another tenant as it would be unlawful. By the end of July, the tenant finally sent notification that they had been relocated to ********** and had in fact vacated the home. The tenant was informed that they were rent responsible through the term of their lease or until a new tenant was secured. Upon receiving the confirmation that the tenants had in fact moved, our firm completed a move out evaluation and it was discovered that the previous tenants had left behind a washer/dryer. The tenants were informed that their belongings needed to be removed. The homeowner was also notified. The tenants had requested that a friend be allowed to come by and pick up these items. This friend was the same neighbor that had been corresponding with both the owner and the tenant and had befriended both. The homeowner would not allow the property to be removed and stated that due to the tenants breaking their lease, they were keeping these items. Our General Counsel advised the owner that the items were allowed to be recovered by the tenant for up t0 30 days and should remain in storage if removed from the home. The tenants had someone in fact try and collect these items on their behalf within that time period and they were denied by the owner of the property. With regard to the carpet cleaning invoice, this was billed at the time of service and the homeowner had a discrepancy. This was removed from the account until the discrepancy was resolved. Ultimately, the homeowner decided to rent the property to a family member and terminated their agreement with Park Avenue Properties. We feel good that we followed all correct protocol and we understand the frustration that occurs when a tenant does break a lease early. We reacted in the manner appropriate and within compliance to this situation. We wish ********** and her family much lick in the future. Please let us know how else we can be of assistance in this matter.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) The company's response did not address the false or fictitious repairs, estimates and terrible handling of the property. Further, the company's response did not address the fact they informed the homeowner that all tenant belongings had been removed from the property via email; thus providing that either the property management never properly reviewed or evaluated the home after the initial tenants broke their lease. More over, the company failed to acknowledge their screening process is not thorough, otherwise, a reliable tenant would have been placed during the company's representation of the property. The company also neglected to address their lack of communication and inability to properly manage the claim. The company also fails to state that general counsel is the owner and he has a conflict of interest or even more reason to falsify the company's response to it inadequate management of the property. Further, the tenants broke their lease in July. Per the company, the tenants were still obligated to remit payment throughout the lease term, regardless of their vacating. The company submitted this information via email as well. The company should have collected the full termination payment, properly evaluated and managed the home and found qualified tenants. The company failed in their obligations and took advantage of the fact that the owners were out-of-state.
Final Business Response Park Avenue Properties did not perform or bill for any repairs/maintenance that was not required and approved by the homeowner. This issue was addressed in our first response. The tenants had moved all of their belongings except a washer/dryer which was made known to ********* since the tenants were working toward a resolution to get these items removed. The tenants were suitable screened and were well qualified based on the criteria by which all tenants are screened with our third party screening provider. All applicants are reviewed with the homeowner and the homeowner gives the final "go ahead" regarding prospective tenants that apply. This case was no different. A job transfer is all that occurred causing the tenants to need to vacate early. They did not stop paying rent per their obligation until a new tenant was secured which is the legal process. The owner of Park Avenue Properties is not an attorney. Our firm's General Counsel is also our Vice President. The owner of Park Avenue Properties and our firm's attorney are two different people. We are not sure where ********* is getting her information, but you can verify this on our website www.parkaveproperties.com and research our team. We believe ********* has been served in accordance with our professional standards and her tenants fulfilled their obligation per the terms of their lease, including early termination. We wish ********* much success in the future.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I am not in agreement with the business' response or performance, but I no longer have the time, patients or resources to deal with their lack of professionalism, fabrications and down right avoidance with taking responsibility for their actions. With that being said, BBB can close out this complaint, but let the record show the issue was not resolved and I would not recommend any homeowner to utilize this company. Thank you.
Complaint A shutter spontaneously fell off my rental house and damaged my car. Park Avenue and property owner deny any liability and refuse to pay for it. Parrties: Renters: *****, *****, & ************** Property Management Company: Park Avenue Properties Property Owner: Progress Residential ******************** On June 25, 2015 a shutter fell off the seecond story, over the garage, of my rental home, hitting my car, which was parked in the driveway. It was a bright, sunny, hot and humid day. There was no weather occurrence which caused the shutter to fall. I was inside when it happened, and I heard it. I went outside to find the shutter on the ground and my car and the garage door damaged. I submitted a request via the online maintenance portal of Park Avenue Properties for them to resolve the situation. By June 30th, I had received no response from them, so I sent another request via email to their maintenance department. I included photos of the car, the house, the garage door, and the shutter, that I had taken when the occurrence happened. After a number of emails between parties, I was informed that both the property owner and Park Avenue Properties denied any liability in regards to the repair of my damaged vehicle. I did also tag in my insurance agent on some of these emails and asked for her input. She informed us that my renters' insurance policy would not pay for the damage, because I had done nothing to cause the damage. She indicated that it was the responsibility of the property owner, and should be submitted to their insurance company. Park Avenue did admit to having the responsibility of reattaching the shutter to the home, but to date, they have no fulfilled this responsibility. On August 1, 2015 I sent a Demand Letter via Certified Delivery with a return receipt, to the property owner, Progress Residential, for payment of the repairs needed to my vehicle or their insurance policy information so that I could submit a claim. Along with my request for payment or insurance information, I also included copies of all of the emails, photographs of the damage, and an estimate to repair the damage from my body shop. I received the return receipt with a signature, dated 8/10/15. Tweleve days have passed and I have heard nothing more from Park Avenue Properties or Progress Residential, and my car remains damaged.
Desired Settlement I want the damage to my car repaired at no cost to me. I want it repaired at **************, and returned to me in the perfect condition that it was in before this occurrence. I also want the shutter securely re-attached to the home, and the other shutter on the other side of the window to be evaluated and secured if necessary.
Business Response We are aware of *********'s claim. Our firm has communicated ********'s request to the client who owns this home. We are trying to assist and are simply the middle man in this situation. Our firm received directive from the homeowner that we sent to *********. The owner had requested that ********* submit a claim through her insurance and they would cover the deductible. This request was not to *********'s satisfaction and we have gone back to the homeowner to advise them of this. Currently we are still trying to work out an amenable solution to this issue for both parties.
Complaint This organization was contracted to manage my property. They were unresponsive and we found our home had been completely neglected. I am writing this review to address the horrible experience we have had with Park Avenue Property Management (PAPM), who recently acquire ***************************. We contracted them to manage our property in June 2014 and we highly regret it. We, and our tenants, continuously attempted to contact Park Avenue Property Management and issues were never dealt with in a timely manner. We ended up having to resolve issues with our tenants ourselves, effectively managing our property ourselves and paying Park Avenue Property Management for it. Not only has this company been incredibly irresponsive, but they were negligent with our property! Our tenants broke their lease early, and resolving this issue took up-to-the-last minute because we could not get a hold of our representative (****) at PAPM. To add fuel to the fire, after our tenants vacated our property we went inside our home to help new tenants move in. This was after PAPM had done the move-out inspection and had indicated to us that everything looked fine. What we found, on the other hand, was incredibly disturbing. Most of our fire alarms had been removed from around the home, a serious hazard especially in a row of townhomes. We also found that our air filter had not been replaced for the whole time that we had contracted PAPM. They had essentially done no property management at all. And, even worse, we walked upstairs and found that the prior tenants bird had defecated in every room. This bird had also chewed and clawed on our doors, molding, and had destroyed some blinds that were replaced with a cheaper set of blinds that did not match any of the other blinds in our home. We had to hire professional cleaners to come in twice to clean up all of the filth. None of this damage had been reported in the move-out inspection. After a grueling several months, we were able to resolve with the tenants, with most of the correspondence being done directly with our tenants and without PAPM because we could not get a hold of them. All we needed PAPM to do was to revise the inspection report and generate a release agreement for the tenants to verify and sign. That took so long to accomplish that our tenants threatened us with a lawsuit because we could not return what was left of their deposit until those documents were completed. This issue dragged on for months. It was ridiculous. And the irony is that at the end of all of this, Park Avenue Property Management still charged us a substantial termination fee. We would not recommend anyone use Park Avenue Property Management or any of their affiliates to manage their homes. We paid them for work that we actually had to do ourselves. We regret ever hearing about them and trusting them with managing our first home. They were incredibly negligent and we hope that other owners/tenants don't have to go through what ******* and I went through dealing with this company.
Desired Settlement We are seeking a refund of the termination fee, late fee for paying the termination fee (which is largely due to trying to resolve this issue and Park Avenue Property Management being completely unresponsive), and a refund of at least half of what we've paid this company to "manage" our property.
Business Response Park Avenue Properties ("PAP") hereby responds to the complaint of **********. The parties' relationship began in May 2014 when ********** as the owner of the subject property signed PAP's standard property management agreement, for an initial term of one year which automatically renewed until May 2016. At the time the agreement was signed, a tenant already occupied the property under a two-year lease extending until March 2016 and, contrary to normal practices at PAP, the owner held the tenants' security deposit. In March 2015, the tenants gave notice that they would be vacating the property in May. Typically on the termination of a tenancy PAP would, consistent with its obligations, inspect and repair the property and advertise to solicit a suitable replacement tenant, for which it would receive a "finder's fee" and monthly management fees going forward under the new lease (here, an amount in total of upwards of $2300). In this instance, however, ********** said he was terminating the agreement with PAP and would sell the home. The owner also did all cleaning and repairs to the property. PAP inspected the premises, and then at the owner's request revisited to supplement its inspection to support the owner's claim against the tenants' security deposit. PAP understands that ********** timely accounted for the tenants' security deposit. After initiating efforts to sell the home, ********** informed PAP that he would instead rent the home to a family member. The property management agreement ********** signed has a termination fee provision, which provides in relevant part that if the agreement is terminated prior to PAP finding a tenant, then a fee of $400 is due to PAP. Under the circumstance when the owner had said he would sell the property, no termination fee is typically involved because the property is taken out of the rental market; however, when an owner terminates his agreement with PAP but nevertheless rents out the property, then a fee is required to compensate PAP for the lost opportunity under the agreement to perform its services and recover its fees. ********** undoubtedly was aware of this provision when he signed the agreement but is angry evidently because the clause is being enforced. ********** also complains that PAP did not effectively manage the property (because the tenant caused damage and did not change the AC filters), and that PAP was unresponsive to the owners. These complaints are without merit. PAP is not responsible for the conduct of the tenants. The owner placed the tenants, who were responsible under the lease to clean the property and change the filters. The condition of the property was found when the tenants moved out. It is also not accurate to say PAP was not responsive to the owners. For example, from March through May a quick review found at least 32 email communications between the owners and various personnel at PAP in equal proportion. It is true that the responsible property manager was on vacation for one week in May, but promptly engaged the owners upon her return. The owners asked for and were provided with information from PAP that allowed them to timely account for the security deposit to the tenants. Notably, the owners' attitude and demeanor changed after PAP informed them that a termination fee would apply due to the owners' decision to rent the property rather than sell it. Despite the agreement's clear language, the owners have refused to pay the fee and threatened PAP: "If this is not waived and fully resolved in a manner we deem appropriate . . . , we will post even more detailed reviews, with pictures, on **************, ****, ************, ******, the Better Business Bureau, and any other review sites. Our parent's and their friends, a strong owner demographic in the Cornelius/Huntersville/Lake Norman region will also be aware of what we have dealt with using your company."
PAP has not agreed to waive the termination fee and late fees, which remain on **********'s account with the firm, due and owing and unpaid along with accruing late fees. So the owners carried out their threat and this complaint was filed.
Complaint Charged $120 for a lease application for a property that had been secured by application already In early August myself and my fiancee were looking for houses. We put in an application for a property being rented by Park Avenue Properties. Upon calling the next day to check the status of the property, we were told that there were "3 applications on the property being processed" and that we were not the first application. Calling back the next day, we were told that the property had been rented. Although the property we were applying for had already been rented, our application and fees were processed anyway.
Desired Settlement We would like for Park Avenue properties to reimburse the $120 application fee for applying for the property at ************************** in *************. The fee was taken under the false pretense that the property was still available for rent.
Business Response While we appreciate ***********s email, we receive applications minute by minute. Our application is an online form that once submitted is immediately received by our third party screening company and processing begins instantly. Our application language states very clearly that there may be multiple applications received on any available property. The language also states there are no application refunds. However, if an application is recommended, the application is valid for 30 days on another of our available rentals. ***********s application was received on this particular home amongst others for the same property. The home was in fact still available when ********** applied. The homeowner chose another application that they felt was the most qualified of those that were received. Please let us know how else we can assist.
Complaint Failure to provide property management services while regained as property management company. Park avenue properties took over management of my property approximately 4 to 5 months ago. When my tenant decided to terminate her lease early, they failed to notify me of her move out date and that the electricity had been turned off in the condo in the ******* heat until 3 weeks later. They failed to get another tenant, removed my listing without my permission and never checked on the property. They refuse to answer questions and refer me to their legal department. They charged the tenant 2000 dollars for terminating her lease and are now claiming I also owe them the same amount for termination. They have refused to return the 500 dollar escrow I had in my account to cover emergency repairs on the condo. Again, emails are referred to the legal without explanation. They refuse to allow me to speak to a supervisor. When I tried to inform them that I did not wish to retain their services any longer, instead of trying to resolve the issue, they merely threatened me with legal and financial action, attempting to cause me hardship while I am currently active duty orders and out of state.
Desired Settlement I wish to have this issue addressed and resolved.
Business Response Park Avenue Properties, LLC ("PAP") submits this response to the complaint of ***********, concerning the management of his residential rental unit at ********************************************** (the "Premises"). In March 2015, PAP acquired the residential property management business of ********** in **********. Among the assets purchased was the property management contract with ********* for the Premises. At the time, the Premises was occupied by a tenant, who paid rent of $2000 per month. The tenant notified that she was vacating the property and terminating her lease early. ********* was directly involved in correspondence concerning this issue as early as *** 4, 2015 where discussions were had regarding the transfer of another PAP tenant into the Premises. (The proposed transferee informed the parties on *** 8 that he would not go forward.) The Premises, actively marketed at the time, were shown to other proposed tenants ("******") on *** 9. The original tenant vacated the Premises on *** 12, 2015. Pursuant to the lease, the tenant forfeited her security deposit as a consequence of terminating the lease early. In this case, the security deposit was $4,000, every dollar of which was forwarded to *********. It is noteworthy that ********* enforced the express terms of the lease regarding the termination of the lease. ******' application for the Premises was approved on May 14, 2015. Indeed, ********* personally approved ******' requested move in date of July 1, 2015. On May 27, however, ****** requested that ********* negotiate the rent amount, as ****** had found another property several hundred dollars less. ********* refused to negotiate the rent, so ****** decided on the other property. PAP continued to market the Premises, seeking another tenant. Also on May 27, PAP inspected the Premises. It must be noted that the electricity for the Premises was on, and had been on, since the tenant vacated on May 12. In fact, the electricity was on until *** 31, 2015. On June 5, PAP sent an electronic communication to ********* emphasizing the importance of maintaining the utilities for the Premises. PAP has no specific information concerning when ********* undertook to assure utility service to his property. This is not a PAP responsibility to put utilities in its name; instead, the owners, and tenants, are responsible, respectively, for making sure utilities are on in the property. In early June, ********* secured possession of the keys and garage remotes to the Premises. On June 19, 2015, ********* formally notified PAP that he wanted to terminate his property management contract. That contract contains a termination fee clause, requiring one month's rent ($2,000) plus $200 as a termination fee. ********* objected to the clear language of the contract he signed and said he would not pay the $2000 termination fee. Instead he stated PAP should deduct $200 from his $500 maintenance reserve account and send him the balance. PAP has not agreed to *********'s view of the matter. The account is on hold as of the moment pending resolution or enforcement of PAP's rights. Finally, PAP communicated to ********* regularly and respectfully. His suggestion that he was ignored, and "threatened with legal and financial action" is without merit. PAP worked diligently to market the Premises and find a tenant. Indeed we found two tenants who were suitable for the property, though matters did not work out (not due to any fault of PAP). ********* also suggests that he did not know his tenant was moving out and electricity was off without his knowledge for "3 weeks." Both of these claims are dubious: he knew of efforts to find a replacement tenant before his tenant left, and he was notified of the importance of maintaining utilities only days (not weeks) after the date when the utilities were to be turned off.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I have the email traffic to prove/document that they refused to communicate and discuss how to settle this. When I contacted them and asked them to "Send me the name and contact number of your supervisor", the reply was (and I am cutting and pasting directky from her 16 July email) "I have copied in your property manager and our firm counsel. ****** & **** - the unpaid invoice is for a termination fee." This is the entire response, minus her name and position, which is the only text I have omitted. I obviously take this as a legal threat, not one of open discussion to resolve the issue. I was notified of the importance of maintaining the utilities on June 5th, after the tenant moved out. The property was inspected on 27 May, 2 weeks after her move-out date, no mention was made then about utilities. I am out of state and rely on a property manager to do just that, manage the property, not just collect their fees. As of present, no one from the management office has attempted to contact me to resolve this issue or discuss the return of my $500 escrow. The sooner this is resolved, the better, so I never have to deal with this company again, thanks!
Thanks," This smack of legal I wanted to know the status of my $500 escrow, which they refuse to discuss.
****** & **** - the unpaid invoice is for a termination fee
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I still don't understand why this firm failed to address why they removed the advetisement for my property for two weeks and then claim that their inability to rent it was through no fault of their own. If you don't advertise the property, how do you expect it to rent? This failure to uphold thier part of the contract is one of the reasons I decided that they were not acting in the best interest of their client (myself), nor acting in good faith with the contract. The property was occupied when they assumed control and when the renter left, they failed to find another for several months even though it has been occupied with no breaks since 2011, through several different tenants. Aagain, it doesn't help to get a property rented when you inexpilcably remove a property listing for two weeks. As for my $500 escrow that they possess, given the past actions of this complany, I seriously don't believe it will ever be returned.
Final Business Response Park Avenue does not have the same opinion of the situation as *********. This was a difficult transition for our firm as the previous owner/manger was continually n the middle and communicating with *********. Our team had advertised the home on our Park Avenue website and had removed it from the former management company's site as we had taken over the company and business and were moving forward with our branding. Our Property manager had been communicating with ********* and thought she had everything under control, while unknown to her and the rest of our Park Avenue team, ********* and the former management company owner were still communicating and developing a different plan that what we were made aware of. The plan that we learned about after the fact was the ********* had determined he was going to change management firms. In fact, the former management company owner met the new management company t *********'s property and delivered the keys to the newly assigned management company. Park Avenue had paid for *********'s business and were doing our diligence as a team to get everything ********* needed while at the same time our team was communicating with *********, alternative plans for the management of his property were being made without our knowledge. We ultimately discovered this from the previous management company owner. We are very sorry that ********* opted to change management companies and we do not agree with the claims as Mr. Haaack has laid out and the alleged mismanagement of his property. We do wish him much success moving forward and are always happy to help should we be able to assist him in the future.
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