Complaint Category: Inappropriate behavior by customer service personnel
Complaint: They didn't act according to their agent contract. ****** was also unprofessional on many occasions.
This company is great as long as you don't require them to collect past due rent or get approval for repairs without the owner's consent. I simply wanted Shearer to do the things according to their contract.
1. When my tenant was behind on rent, no noticed was sent nor legal proceedings after 3 months of past due rent.
2. They constantly made repair charges without my approval. Anything over $250 needed my approval. Each repair was billed separately to make it under $250 when they should have been combined and it totaled over $500.
3. I was never given my tenants rental history which could have possible prevented both tenants being behind of their rent.
4. Each month I constantly asked about a late notice being sent and Shearer would state "he would pay". After the 4th month I found out a payment plan was set up between the tenant and Shearer. I informed him that legal proceedings should be filed. He stated that he wasn't the mafia and didn't know how to get money out of someone's pocket.
5. I provide internet for my tenant. When the tenant couldn't get it working, ****** told him to get any package they want and I would pay for it. All the tenant had to do was go to the time Warner cable and pick up a FREE router.
6. My sink hose wasn't working properly. They charged me $100 to tape it up.
7. The son of the owner is extremely unprofessional and condescending.. He constantly made concessions for the tenant without my knowledge or approval.
8. Once my tenant moved out, Shearer wanted to give him his full deposit back even with him owing me past due rent.
9. A move out walk thru was done before the tenant cleared out everything, made repairs, and painted. After he moved out I had to dispute charges they wanted me to pay for that he should have handled. A cleaning fee was charged but my new tenants had to clean the place and throw out the previous tenants furniture. I was made aware of this from my current tenants.
Initial Business Response
Shearer Realty has been in business since 2006 and I have done my best to please everyone, but I have learned this cannot be done.
Here is my response to all 9 complaints:
1. This complaint states that no notices were sent to the tenant when he was late. This is a FALSE statement. We send late notices on the 6th of each month to any tenant that owes over $200 and this Landlord's tenant received them in April, June, July and August 2013. He resided in the property from January 2012 to April 2013 paying his rent on time every month. This complaint also states that no legal proceedings were initiated even after 3 months of past due rent. The tenant was never 3 months behind paying his rent and I am attaching his ledger that shows his payment history to prove this Landlords statement to be FALSE. It is true that I never initiated legal action. I instead communicated with the tenant to make sure he understood what he owed and the possible consequences if he did not pay. HE PAID ALL OF HIS RENT OWED and this Landlord did not miss a days rent between this tenant and the next.
2. We never made a repair that was over $250 without first contacting this Landlord for approval.
3. We do not provide previous rental history information or credit information or any other information to owners so they can approve or disapprove a tenant. Shearer Realty was hired to represent the Landlord as an agent and our firm is required to treat every applicant exactly the same with the same criteria for qualifying to lease a property. If we allowed the owners (Landlords) of a property to have the final say, Shearer Realty could be sued for discrimination.
We also have personal credit information that is not allowed to leave this office.
4. I did ask the tenant to let me know how he planned on paying the debt owed and he provided me with a schedule with amounts and dates. I never told him he would not be evicted because I know that I do not own the property and I work for the Landlord and if the Landlord wants me to evict a tenant for non payment of rent, then that is what I will do. In this case, the Landlord requested that I file an eviction 2 weeks before the tenant was moving out. I explained that this would be a waste of money at this point because I could not even get to court before the tenant would be out of the property. The reason I go to court for an eviction is to ask the magistrate for possession of the property. If I already have possession, the magistrate would dismiss the case and the Landlord would be out the $126 filing fee. Again, the Landlord received all of the rent owed from this former tenant.
5. This statement is totally FALSE. We would never tell a tenant to buy whatever they want and the Landlord would pay for it. We did not know how to set this up for the incoming tenant. ****** contacted *********** cable and they did not have an account for this address. He then figured out the account is in the name of the HOA. He also contacted the owner who told him what speed the HOA internet service provides and he explained to the tenant that if they wanted anything faster or more expensive, then they would have to pay for the upgrade. ****** was able to get everything set up before the new tenants moved in.
6. This Landlord was not charged $100 for a sink hose repaired with tape. I have included the invoice that clearly shows this vender also removed numerous disc mirrors from the wall and patched the holes. This was the majority of the bill. The kitchen hose only had frayed braiding that was cut off and then the tape was applied to keep the braiding from fraying again.
7. I've worked with ****** in this industry for over 8 years and he has always presented himself in a professional manner. He did not make any concessions for this tenant that I am aware of and I do not see any specific examples in this complaint.
8. This statement is also TOTALLY FALSE - I never release a tenants security deposit without getting the owners approval for exactly what charges the money will be applied to. The lease states it can be used for unpaid rent or damages to the property over and above normal wear and tear. We ALWAYS discuss the damage charges with the Landlord and add this to the tenants ledger. Then I remove the security deposit from the trust account and apply it to the tenants balance owed. In this case, the tenant owed more than the security deposit so he did not receive any of it back.
At NO time did I ever indicate to this Landlord that the security deposit would be returned to the tenant.
9. When we do a move out inspection, we list everything that needs to be completed to get the property back in rent ready shape. The Maintenance Manager for Shearer Realty reviews this list with the Landlord and gives his opinion of what is chargable to the tenant for damage over and above normal wear and tear. Sometimes Landlords feel they can charge for everything, but the law states they cannot charge for painting (unless there are holes in the walls or crayon marks etc) carpet cleaning and general cleaning (unless there are expenses above and beyond normal due to a tenants negligence)
Advising the Landlord on this issue is part of the property management process. The Landlord has the final say on the disposition of the security deposit. I investigated the "previous tenants furniture" in the complaint and this ammounts to a 4ft x 6ft rug that was in good shape. The new tenant said they would take care of it after ****** offered to remove it and a chin up bar. That is it! NO FURNITURE
I will end this response by stating that this property was well taken care of by the tenant that occupied it while Shearer Realty Inc. managed the property. The tenant paid every bit of the rent owed and even paid the expenses for finding a new tenant when he asked to be released from his lease.
As a Christian, I realize that maybe I allow people to much freedom to pay their rent when they are able to instead of forcing them to be homeless. Maybe it's because I have been unemployed in the past and was given a hand up by friend and family. I have seen people too sick to work. I have dealt with tenants that do not enjoy the lifestyle I have because they work for minimum wage or they have ailing parents etc etc etc.
If the rule is that I must file an eviction every time a tenant pays their rent late, then I will sell this company because I am not the guy that can do that.
Most Landlords understand this and most Landlords are willing to help their tenants, but then there are a few that believe in the almighty dollar and have little compansion for others. Hopefully someday, that will change.
Complaint Resolution: Company resolved the complaint issues. The consumer acknowledged acceptance to BBB.