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 We have been waiting over 48 hours for service on an air conditioning repair. We have 2 children with asthma who can't handle heat. No return calls. Our air conditioning unit died on Saturday, June 11th,2016 at approximately 10 am. We immediately contacted the emergency maintenance hotline as the next 48 hours were projected to be the hottest days we've had yet. We were given service request number 2262 and told that someone would be calling us. Nothing happened. We continued to call for hours with no response. We emailed our leading representative,**************, and called his voicemail without hearing anything back. We have 2 children with asthma issues who cannot tolerate heat and humidity. They were forced to do continued nebulizer breathing treatment and receive steps medication to stop them from being in a breathing crisis. If you ask them what it feels like, they say that it felt like they were being smothered. On Sunday, June 12th, 2016, we were forced to flee to an air conditioned hotel at our own expense to save my children from further respiratory distress. It had reached 90 degrees in my house. It was either the hotel or the ER. It is now Monday, June 13th, 2016, 1:45 pm. No one has returned our repeated calls, emails, or voicemails. When we call, we can only speak to a 3rd party call center or leave another voicemail. No one has contacted us and no one we have spoken to at the call centers had the name or number of anyone we can call directly.
Desired Settlement We want the air conditioning replaced with a new, fully functional unit. And we want to be reimbursed or have credited to our monthly rent the charges we accrued while staying in the hotel on Sunday, June 12th, 2016.
Business Response Our firm has 24/7 maintenance answering service and we dispatch for maintenance emergencies immediately without homeowner approval for things like fire, flood, no water and anything that makes the home inhabitable that will put the home or tenant in immediate danger or harm. Otherwise, we are required to get homeowner approval prior to making repairs. While we completely agree being with air conditioning during summer temperatures is uncomfortable and a nuisance, it is not considered an immediate emergency situation. This issue has since been remedied for this resident.
Complaint Maintenance issues at rented property not being addressed. I have struggled since October to get Park Avenue Properties to fix the broken dryer in my unit. They are slow and unresponsive to service requests. Most recent service ticket number is xxxxx. I have called and emailed maintenance multiple times since October.
Desired Settlement Fix my maintenance issues. Return calls. Respond to emails.
Business Response Mr. xxxxx maintenance request came in on 2/24/16 and a work order was created the same day to assist with repairs. The owner of this home has a Home Warranty is place and service requests are required to be run through the Home Warranty. The warranty company has been out to repair the issue with the toilet. The homeowner has also ordered a washer/dryer to be delivered to the home. These will arrive on Saturday. We understand the frustrations of having a maintenance issue and our firm works hard to address these as timely as possible. However, we work for the homeowner and approval is required on non-emergency issues before we can dispatch. Mr. xxxxx has been communicated with and things are moving along as needed for his rental. Please let us know if there is anything else you need from our firm.
Complaint My property manager has repeatedly ignore my emails and phone calls. Since 2012, working with Park Ave Properties has been one big frustrating whirlwind. Not only does the company overturn employees like hotcakes, the ones that they maintain, must be overworked because they rarely do their job. I have reached out to my property manager three times in the past two weeks, and did not received a response until I cc'd another employee onto my email. I have been reaching out because I received a notice that the property that I am renting, is being foreclosed. I provided the documentation to my property manager, per her request, so that she may follow up with the owner to inquire about the situation. However, that was to no avail, because the manager failed to respond back to me. Then, after I repeatedly leave voicemail's and emails, she responds when I cc her coworker. In her response, she states that the issue has been resolved. Yet, she failed to address the fact that the property will be auctioned for sale. She has offered no assistance or information to help me, even though I have asked. Her unprofessionalism is unacceptable. I am paying my rent, and I deserve to know here my money is going and the status of the home that I''m currently living in.
Desired Settlement I am requesting to know the status of the home and whether or not Park Ave Properties is still managing the home. I would also like to have a new manager who will follow through with my concerns and respond to my inquires within a 24 hour period, like a professional and caring worker would.
Business Response We are sorry to hear that Mr. xxxxx has had issues with correspondence with his Property Manager. Our firm takes communication very seriously and our management team is looking into the concerns that Mr. xxxxx presented. His feedback is not taken lightly and we appreciate the perspective. Regarding the foreclosure notification, this was an oversight on the homeowner regarding his HOA dues. As soon as the issue was brought to his attention, he made payment immediately and provided our firm proof of payment. The home is no longer in jeopardy of foreclosure. Please let us know how else we can help.
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 Park Avenue Properties has ZERO Customer Service, The company never returns phone calls or emails, unless you continually hound them or threaten them. I rented a house and was not able to move in until a "home inspection" was done. 1 week later I moved in. The A/C did not work, ice maker did not work, windows were broken or painted shut, the 1st cupboard I opened the handle fell off and there was lawn debree still in the yard from trimming the bushes/trees. Well afer 11 days I finally have A/C and the handle on the cupboard was fixed. The only reason it was resolved thus far is my nephew, whom is a real estate broker and myself have bonbarded them with emails and phone calls. My nephew will NEVER recommend this company again. Oh and another thing, I was told I needed to get gas turned on. There is not appliance we have found that required gas. I ask Park Ave Properties what is "gas" in the house and they have had no responce yet. I have call York Natural Gas and that company was not helpful either.
Desired Settlement As of now, they have reduced our 1st month rent by $331 and some change. Does not seem enough for me, I would like a 1/2 the rent taken off for July.
Business Response Ms. ****** moved in on June 10th and on June 11th our team received a call from Ms.******** that she submitted a work order on June 10th for an AC issue. We had no record in our system, therefore our team created a work order same day and dispatched a vendor immediately to assess the issue. The repair was extensive and parts needed to be ordered. The work was scheduled to be completed by June 21st as that is the timeline that was provided by the vendor. There was not a lack in attention, but rather an issue of parts required. The home was inspected on June 2nd by our maintenance team. This home is owned by an institutional investor and our firm took over management during the month of June from another management company. Our team previewed all homes as we assumed management and discovered that some homes were stated to be rent ready or that repairs had been completed and in many cases the repairs either had not been made or had been done to poor standards and we worked diligently to address issues quickly for our client and prospective and current tenants. The home that Ms. ****** is renting has gas heat and that is why we provided her with the Information for gas service as one of her utilities to activate. The owner of the home agreed to credit Ms. ****** a prorated amount of the rent based on her lack of use of AC for a period of time. This is a very fair credit as AC issues are not deemed an emergency, but are most certainly a nuisance and uncomfortable. We completely understabd the stress of a new move and always want things to go smoothly for our tenants and when it doesn't, we work hard to rectify issues and get homeowner approvals rapidly to expedite repairs. The maintenance issues have been addressed at this point and we hope Ms. ****** is getting settled into her new home.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) First let me say when outdoor temps are 90 plus, AC is deemed an emergency in my eye and the state of North Carolina and South Carolina which was filed by ******************. It states rental properties that go more than 6 days without AC must be reported to the Real Estate Commission in both states.
Second, we have concluded that nothing in house is gas. Not the heat, not the water heater, no appliances. ********************************** (owner of the property) is in the process of returning the fees that were needed to start an account with York County Natural Gas Company.
Third, I don't expect Park Avenue Properties to admit that they lack communication of any kind. I just want to make sure anyone who uses them to know what they are in for. A company who responds at there own will.
Fourth, It is July 11, the ice maker is still not fixed which was reported the 1st week of rental. The lawn rubbish was finally removed yesterday after sitting in the backyard since June 10th, which was a complaint from the 1st week of rental. The broken windows are scheduled to be fixed Friday, which was a complaint from the 1st week of rental. Is anyone getting a pattern here.
Final Business Response Ms. ******'s claim that air conditioning outage is required to be reported to the Real Estate Commission is incorrect. In fact, many homes in North and South Carolina do not even have air conditioning. The issues requiring attention were attended to in a timely manner. Unfortunately, like anyone residing in a property, repairs may require parts being ordered, multiple visits to complete and finalize repairs and certainly scheduling accordingly. Upon our recommendation, the owner agreed to give Ms. ****** one third of her monthly rent back to her as a courtesy due to the inconveniences she experienced. This was not something required, but rather out of good faith to show we sympathize with the frustration and stress she had experienced.
Complaint The AC in the unit does not work and none of the windows have screens on them. Management is never available to handle issues that may arise. Firstly, the lock box code that was provided in the email for access to the home, did not work. I had to contact the agent that showed me the home, in order to get the correct code to access the home. Secondly, the AC unit does not function correctly and every time I call the number provided to reach anyone from ****** Sides the Maintenance Manager to Heather Little the Tenant Relations Manager, no one is ever available and the messages I leave are never returned. I was finally able to reach ****** Sides this morning, of course before the 9:00 hour that they have advertised as their operating hours, she of course was completely unaware that the property was even occupied. I had to advise her that all the utilities have already been turned on and that we've been occupying the property since Saturday 6-25-16. She assured me that Wilson Heat and Air has received the request and they will be calling me to let me know when they are coming to fix the AC unit. I, as well as my roommate, and the agent that showed me the home have repeatedly called and emailed Park Avenue to no avail. I have call logs and emails to prove this. There is a step on the back deck that is a trip hazard, the paint in all the rooms has visible bubbles in it that should have been fixed before allowing the home to be rented, the shower in the master looks as if it hasn't been finished and the water spigot in the back yard is leaking. How these things got left off of the maintenance checks that are supposed to be conducted before the property is even rented out is beyond me. No one has even come to do a walk-through of the property so that they can be aware of these issues. Robert, my roommate, spoke to ******* to put in a work order for the windows being without screens and she said the property is not in their system yet which means it's still showing as a vacant home, so she just gave him a reference number instead of a work order number which is supposed to be provided. That reference number is XXXXXXX, which we were subsequently told won't be fulfilled because having screens on the windows is not a requirement. Also a lady named **** visited the property this morning to take advertising pictures and said the home is still listed as vacant.
Desired Settlement I simply want them to first off, list the home as occupied, then fix what is needed and put the necessary finishes on the home, such as painting correctly where there are not bubbles visible in the paint on the walls, fixing the windows to have screens on them so that bugs won't be flying into the home, fix the top step on the back deck correctly so that it is not a trip hazard, fix the water spigot in the back yard that is leaking, clean out the fireplace chute, spray for pests as there are spiders and webs everywhere, and anything else that we haven't noticed yet.
Business Response Our firm assumed management during the month of June on this home for a large institutional investor who terminated with their previous management firm. There was a work order recorded and the HVAC vendor dispatched on 6/25/16 by our firm. The additional maintenance items that were brought to our firms attention have also been addressed. Our firm has worked hard to address emails and calls as quickly as possible in the wake of handling issues that went unaddressed by the previous management company. The maintenance issues that Ms. ******* have been presented to the owner of the property for approval and have been addressed. We are confident that despite a few bumps in the beginning from some outstanding issues we were unaware of from the previous management company, Ms.******* will be in good hands moving ahead.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I do not accept the response because I put in a maintenance request on July 1st after I submitted the original complaint to the BBB. Nothing has changed except the AC is now working and the water spigot is no longer leaking. None of the windows have screens on them, the fireplace chute has not been cleaned and we are still unsure as to it's functionality, the light near the driveway still does not work, the step on the deck is still a trip hazard, the paint in all the rooms still has visible bubbles in it, the shower in the master looks as if it hasn't been finished, there are dents and dings in the walls that are clearly visible and should have been fixed before allowing the home to be rented, and there is no pressure regulator for the appliances and if something adversely affects them they will be damaged, possibly irreparably. It's still impossible to reach anyone to check on the status of the maintenance request I submitted on July 1st. So, very little has actually changed to make me believe that this business has competent individuals who can dispatch the proper people to get this work completed in a timely and efficient manner.
Final Business Response We would be happy to assist with any additional work that needs to be addressed. There are currently two work order requests that were requested by Ms. ******* in our system which have both been addressed. If there are additional issues that need to be documented or addressed, we will certainly be happy to assess and address any necessary repairs and notify the owner of the home. This information docuemented in Ms. *******'s BBB correspondence has been shared with the homeowner and the maintenance team to bring resolution to the situation. Moving forward in order to expedite repairs or maintenance concerns, a request for repairs can be made through Ms. *******'s tenant portal. By entering a request through the portal, this information is immediately received in our dispatch system and is received by our maintenance team and the homeowner is alerted that a request has been made and will be assessed. This is the quickest and most effective way to handle repair requests moving forward. We want this process to be a smooth one for Ms. ******* moving ahead.
Complaint Absolutely no communication from this company. They lost my lease and are trying to make me move due to their error. I renewed a lease for the home I rent un May 2016. It was to begin on July 1st. Somehow, this company has lost my lease, and will not respond to the multiple emails and voicemails I have left, including a maintenance request for stagnant water in my dishwasher that quit working. They have told me my current lease ends on June 30th and I will have to move. This was all said one week ago, and I have a 1 year old toddler. I have done everything correctly on my end, but cannot get a resolution or response from this company.
Desired Settlement I am requesting either a refund of my deposit so I can move without being responsible for their error.
Business Response This lease was initially executed a year ago with another property management firm. Our firm assumed management of this home in June of this year from the previous management company that the owner terminated with. The tenant was contacted because their current lease agreement was due to expire at the end of June. The current tenant agreed to a renewal effective July 1st and the renewal was sent to the tenant for execution. The owner agreed to renew the tenant without screening again. Our firm did not lose the tenants lease contrary to the tenants claim. The previous management company did not provide all documents initially during the transfer of several properties to our firm and we have been working with them to obtain remaining documents. The maintenance issues the tenant is having are also being addressed. We understand transition to a new management firm when a homeowner makes a change can be challenging for all parties involved. Our firm's goal is to minimize any obstacles and make the transition as smooth as possible, this is not always an easy feat. At this point, we were able to get the owner to approve the lease renewal and address the maintenance issues. We are looking forward to a positive working relationship moving forward.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) I was told BY AN EMPLOYEE of the company that they "could not find" the renewed lease agreement. It was not until I contacted the actual investment company and spoke with ****** ********** and the filed this complaint that I heard from the property group. Magically, 2 hours after a phone call from the BBB letting me know the complaint was being forwarded, I received my first call back from the company. I spoke with a lady named ***** who told me she was emailing me a paper to electronically sign. I still hadn't received the email the next day, Saturday 7/1/16, so I called and left a voicemail stating that I had not received said document. I received a voicemail from the SAME ***** stating that she "wasn't sure" what I was talking about. I returned the call and left another message explaining exactly what was needed (apparently they don't make any notes on accounts...). I have still yet to receive a call or email. Today is 7/13/16. Had I read the reviews of this company beforehand, I would have NEVER resigned the lease! All reviews read the same "no communication", "will not call back", etc. I am also STILL waiting on my copy of above mentioned lease, as I have requested multiple times. The lack of communication by this corporation is appalling.
Final Business Response Our firm relayed to Mr. ******* that we had contacted the previous management company who was unable to locate or provide to us his previous lease agreement. We know that this must be incredibly frustrating as it was on our end as well. We in fact do have two individuals working for our organization that are named *******" One of these ladies handles lease renewals and the second works as a member of our Customer Care team and answers live telephone calls within our organization. This is why the "s***********" was not aware of Mr. *******'s concerns when he phoned her on a Saturday at our office. When ***** tried to explain that she was not familiar with what he needed and tried to get information so she could help get him what he needed, she was greeted with a less than pleasant demeanor and made to feel incompetent. A transition as voluminous as what occurred during the month of June with our organization assuming management from another property management firm of several hundred properties comes with hiccups and bumps. While we always hope to minimize this as much as possible, it does happen. The best we can do once problems are identified is try and solve the issues in the best manner possible. In the end, the renewal has been executed and we are looking forward to working with Mr. ******* and turning things around moving ahead.
Final Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Sadly, this company cannot even realize that I am MRS and not MR. I finally spoke to a corporate manager named ***** who, in my opinion, is the only employee there who can figure out which end is up. She was able to solve my issue quickly. Before the resolution with *****, I was given yet another run around, to the point where I was extremely frustrated by the lack of response and unprofessional running of this company. They even went as far as to contact my mother-in-law for payment....and SHE'S NOT ON THE LEASE. The man who called her, ****** was extremely rude to her, as was ******. She told them both multiple times that she was no longer on the lease, but they still continued calling her....not me or ************ (the other tenant on the lease). Had they actually had a clue on what was happening, or even glanced at my lease, they would have known this. We were given the phone number to a Natalie, but after several messages, STILL received no call back. By this point, my mother-in-law had threatened to file harassment charges because of thier behaviour. I was finally fed up, called the customer service line until I spoke with a live person (******), and demanded to speak to a supervisor. I was advised that the manager, Samantha, was in a meeting, but would call me back. I finally received a call from *****, who quickly found that the document that was emailed never went through. According to her, that was supposed to be reported to her, but it never was...shocking, I know. She was able to quickly and efficiently get the situation taken care of. If she trained people, I have a feeling these issues wouldn't happen. Yes, I understand there are hundreds of properties, but as a property management group, it is their JOB to know what they're doing. Even if there is no definitive answer, a tenant should receive a call to let them know that their message was received. Instead, they ignore the situation until the tenant is pushed over the edge.
Complaint The application practice for this company is unethical. On 6/9/2016 we applied for a home at ******************* in Harrisburg, NC. We contacted the home for possible lease and we wanted to find out the process. We were told that we needed to complete an application with a $60 fee for each adult. it was asked of the company if there were other applications being processed as if there were we would not proceed with our interest in attempts to not waste money if another applicant would be chosen. We were told there were no other applicants and when our other family member completed her application she was contacted to view the home at which we did on 6/10/16. We spoke with the realtor who showed us the house who stated there had been "some" interest in the home and that it was good that we had been the first to apply. On 6/15/16 the company was contacted and we were told that the owners had gone with another applicant. We were unclear of how this could be. We were told that were the only applicants as of 6/9/2016 and that their practice is to only process one application at a time. To me this is robbery when you have several persons of interest applying for a home paying $60 per application knowing you can only approve one and the remainder of the applicants are out of their money.
Desired Settlement If we had been told that there were other applicants or that the home was "Pending Lease" as it does reflect on their site we would not have applied for this home. It cost us $180 to complete an application for a home that we weren't given.
Business Response Our firm uses a third party screening company to process our applications. Applications are received constantly on any given day, often within minutes of one another. All applications received are processed until a lease is sent to a prospective resident for execution as required by our management contract with the homeowner. Application time to process is dependent on the applicants and how long it takes them to submit required documentation for completion of the application screening process. Our policy on applications is clearly started on our website as well as on the application itself so folks can make the decision whether or not they would like to move forward prior to submitting. There were not any applications on the home at the time the prospect applied. However, other applications were received and processed and the owner chose another applicant. If Ms. *********'s application was recommended, then it is valid for thirty days with our firm and can be applied to a like kind property at no additional charge.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) Prior to us submitting our application we were told there were no applicants who had applied. The next day we were given the opportunity to view the home and the realtor informed us that there still had been no applications submitted for this home and that we were smart to apply prior to seeing the home. All of our application information was submitted and we were cleared quickly. The company never contacted us to let us know that there had been other applicants nor that we had been denied. We contacted them on six different occassions via phone, email and voicemail. It wasn't until we saw the status of the home changed the following week to "Pending Lease" that we got concerned. The practice of accepting and processing several applications for one home is unethical. Had they processed our application and we not qualified that would have been a different story. But they processed all the applications for the home and supposedly someone else submitted their application prior to ours. We have dealt with several leasing companies and their practice is to process one application at a time until they get an approval and a security deposit. This is flat out bilking of funds for properties that they know they can only offer to one tenant.
Final Business Response At the time of the prospects application there was not a pending lease on the home. We do notate on our website when there is a pending lease on a home and we remove the link to apply to avoid any issues of people applying when a lease has been sent for review. Summer months are incredibly busy and applications come in continually. With an average of several hundred applications per month. June, July and early August are the busiest months of the year for leasing and applications.
Complaint We decided to terminate our relationship with Park Avenue at the end of our current tenants lease. They are charging us $1,000 fee & withholding rent. We have been VERY dissatisfied with Park Avenue's property management practices and responsiveness both to us as clients and to our tenants. We decided to terminate our relationship with Park Avenue at the end of the current tenant's lease period. We gave written 58 day notice (45 is required) as per our management agreement. There is a clause in the agreement that if we terminate with six months or more remaining on the lease, that there is a $1000 termination fee. However, we are terminating at the END of the current lease, so this fee should not apply. We have called and emailed to get this matter resolved, and we are ignored. We received an email stating that Park Avenue would be withholding May and June rent from us to cover this $1,000 termination fee. The current lease expires 6/30/2016.
Desired Settlement We are asking that Park Avenue drop the $1,000 termination fee since we are NOT terminating during a current lease period and we gave proper written notice. We ask that they release our May rent to us (minus their management fee) and for them to pay us the June rent (minus their management fee) when that is collected.
Business Response The executed management agreement in place runs continuous with the current tenant occupying the home. If the tenant our firm placed remains in the home, the management agreement remains. Based on the PM Agreement, the contract renewed for another year when the owners did not give the 90 day notice of non-renewal per the executed management agreement. We also understand the current tenants are staying in the property under a new lease with the owner directly. Under that scenario, our firm is losing the opportunity for the ongoing management fees during the new lease term after we have done our job and per our management agreement. Therefore the $1000 fee would apply because the agreement goes for another year (i.e., more than six months). This is a liquidated damages clause is enforceable, however, it has already previously been presented to the homeowners that while the $1000 is enforceable, we would be willing to consider a reasonable settlement. To date, the homeowners have not responded to that consideration. The bill for $1000 has been applied to their account and will be paid and the remainder of their funds will be released to them during normal payment cycle this month. We are uncertain of the issues the ********'s are speaking of regarding our management services being less than stellar. We have had a good rapport with the ********'s and the tenant has been taking excellent care of the home. We have no reason to believe there was any issue with service as we have had no issues with either party until this recent scenario.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) From our reading of the management agreement, we needed to give a 45 day notice to cancel the agreement and we gave a 58 day notice so that our notice would coincide with the end of the current lease term. Our understanding of the agreement is that it ran with the executed lease period, not the current tenant. PAP stated that they would accept a "reasonable" settlement, but no dollar amount was suggested. We would propose that, while we believe we complied with the 45 day written notice and do not agree that we should owe any liquidated damages, we would like to propose $500 as a reasonable settlement amount to be able to close this matter.
Final Business Response The management agreement states that the unless the tenant we placed vacates the premises, the lease is still valid as the leases do not expire, they have a roll over extension period. However, as previously mentioned our firm is willing to negotiate reasonable termination. The ********'s are encouraged to contact our office so a settlement with our firm's General Counsel can be worked out. We are happy to work this out amicably for all parties.
This company is in an industry that may require licensing, bonding or registration in order to lawfully do business. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.
The information in the table below represents an industry comparison of businesses which are of the same relative size. This is based on BBB's database of businesses located in Southern Piedmont/Charlotte, NC. Businesses may engage in more than one type of business. The percent of time the business engages in a type of business is not accounted for. There is no known industry standard for the number of complaints a business can expect. The volume of business and number of transactions may have a bearing on the number of complaints received by BBB.
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BBB Customer Review Rating plus BBB Rating Overview
BBB Customer Reviews Rating represents the customers opinions of the business. The Customer Review Rating is based on the number of positive, neutral and negative customer reviews posted that are calculated to produce a score.
Customer Review Experience
5 points per review
3 points per review
1 point per review
BBB letter grades represent the BBB's opinion of the business. The BBB grade is based on BBB file information about the business. In some cases, a business' grade may be lowered if the BBB does not have sufficient information about the business despite BBB requests for that information from the business. Details
BBB Letter Grade Scale
Star Rating scale
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