Complaint The rental contract was vague in terms of defining and explaining the "normal wear and tear." Used security deposit for repairs without asking. They verbally told me when I moved in that I could put nail holes the walls not to exceed 1 inch and 'normal wear and tear' is acceptable. In the contract, 'normal wear and tear' was not defined but I assume nail holes and minor damage to wall paint would be included after living there for two years. I wall mounted a TV and the holes did not exceed 1 in. They took the repair cost of $296 from my security deposit without asking me. Regardless of that, $296 seems excessive for nail hole repairs and painting.
Desired Settlement I would like to be refunded $296 for the repairs of nail holes and paint which I believe are normal wear and tear after living there for 2 years.
Business Response After careful research of the photos and documented condition of the property prior to his tenancy, combined with Mr. *********'s personal documentation on the move-in inventory inspection sheet, these items were determined to have occurred during his tenancy and to be outside of reasonable wear and tear of a property, and therefor deemed as damages requiring repair at the tenant's expense. Please note that tenant is not charged for standard size picture hanging nail holes, only over-sized holes and subsequent damage to paint and/or drywall. There are several areas where the sheet rock is messed up around the nail holes, as well as paint peeled off the wall. If you would like pictures to show this, please let me know.
We have explained this to Mr. ********* and also provided pictures. We are not charging him for nail holes but for the damage that is caused to the wall (black scrape marks, sheet rock damage, and paint peeled off the wall). Please let me know if there is anything else you may need.
Consumer Response (The consumer indicated he/she DID NOT accept the response from the business.) "There are several areas where the sheet rock is messed up around the nail holes"
There was one spot where I wall mounted a TV. The holes were smaller than an inch, but there was minor damage. If that's what is being referenced, I doubt it cost $300 to fix. That is the only spot where I believe there was damage.
"as well as paint peeled off the wall" I would imagine this after two years of living there would be considered normal wear and tear.
I have reviewed the pictures as well and believe that $300 to fix one spot which we both agreed upon is excessive. Thank you.
Final Business Response Mr. Ogonavich was charge for $336.00 for repairs at 142 Eaglebend. The charges were for the following items/issues: 1- Removed satellite dish $40.00- he signed on his 30-day notice that "all tenant furniture and personal belongings must be removed." The satellite dish belongs to the tenant, as he had it installed during the time he rented the property. 2- -Patched and paint wall to the right of the fridge -on the wall by the fridge there are two holes that look to be the size of a screw. The sheetrock is pulled out from where the screw was taken out. There is also paint missing around the screw holes due to whatever he had hanging there. On his move in inspection sheet he noted: "Walls/ceiling- chips by light fixture and vent is dirty, paint really chipped above the sink". The damage is not part of any of these items listed.
-Patched and painted wall above the master tub- the wall had paint coming off the wall where sheetrock was exposed. On his move in inspections for the master bathroom walls he wrote: "ok" for the tub & fixtures he wrote "handle comes off when pulled, missing caulk around the tub/tile connection"
-Painted wall right of mater mirror- There were three screw holes with the plastic inserts in them. Around those holes the sheetrock was exposed due to whatever was there took the paint off the wall. Again he noted that the walls were "ok" when he moved in.
-Removed hooks from Master Bedroom wall and painted- the tenant left two hooks in the master bedroom wall. These holes also had scratches and sheet rock around the holes. On the tenants move in inspection sheet "ok-walls, mark on ceiling".
-Patched and painted left LR wall- the wall had heavy black scuff marks on the wall. These marks were over a couple of inches long combined. They were in a line. And some of the sheetrock was exposed due to scuff marks. - On tenants move in sheet he wrote: "good"
-Patched and painted left wall in back BR- There was an area roughly the size of a quarter where paint had been taken off the wall. It looks like the tenant must have used a type of "command strip" and when it was removed that paint came off the wall. On tenants move in sheet he wrote: "paint on ceiling"
The total for all the wall patching and painting is $296.00
When the lease is signed and we go over the move in inspection sheet, we tell the tenants to fill out the packet completely. If you leave something blank we assume it is in perfect condition. We also tell them to be extremely detailed. We use this to aid in their checkout process. We also look at previous pictures and move outs. The items that Mr. ********* was charged for were not there before and are not minor knicks or scuff marks. It is in our 30-day notice packet (That the tenants also receive a copy of at the time they sign the lease so that they know what to expect at move out) that we paint from wall to wall on any damages to a wall.
Complaint Violation of our agreement for property management services. We contracted with BHR in July 2014. Landscaping was not completed. Drive bys to check status of lawn were not completed. We thought issues were resolved in December and January of 2015. Issues arose again in January 2016. Inspection and drive by promised. These did not occur until owner visited property in late February 2016. At that time, it was determined that tenants had a dog. We had specified in our agreement that no pets were allowed. That was reiterated when we were asked for an exception for a prospective tenant before the current tenant. We were stunned to learn that a dog was on the premises when we did the site visit in February. We never consented. The tenant legally has the dog and has paid a pet deposit. The issue is not the tenant, but that BHR allowed a pet without our consent and against our express wishes. We consider that breach of contract and cancelled the contract on March 17, 2016 as allowed by the property management agreement, paragraph 34, breach of agreement. In addition, during the site visit, it was determined that the foliage and shrubbery were overgrown, mulch had not been replaced, weeds were everywhere, and the deck and chimney were in need of repair. All of that should have been proactively noticed and dealt with, especially in light of the issues a year earlier. BHR has disregarded our request for immediate cancellation of the property management agreement. BHR has declined to address the issue of the dog on the premises.
Desired Settlement Cancellation of the contract effective immediately. Turn over files and records to owners. Would appreciate consideration of compensation for excessive yard work now required.
Business Response In regards to the above complaint: The owners of this property came in and expressed their concerns with me and we talked about reasonable ways to move forward. Their main concerns were the over grown ivy type plant that was growing on the house and some other trees that needed trimming. They provide lawn care for their tenants and so this would normally be included in that lawn care. She said that the vendor doesn't do that. I pulled the vendor bills and it says that they "cut, edge, trim, and blow", I explained that their bills indicate that they do this. After calling the vendor and going over this, the "trim" means they trim the grass where the lawn mower doesn't reach. That was something we had not encountered before. I explained to the owner the discussion with the vendor and told her we would get the work complete. We discussed that we had already gotten an estimate based on a previous conversation but it was with a vendor they didn't want to use. We told them we would get some more estimates, let them approve the one they wanted to use and then get the work done. When all the estimates came in, the property manager sent them all over. She did forget to take the estimate from the vendor the owner didn't want to use out. We apologized and she at that point wanted to take it out of management. At the time we met with the owner she did find out that there was a pet in their unit that they did not approve. I apologized for the previous (is no longer working with us) property managers' mistake and told her we would make sure it didn't happen again. I also told her that she had received the pet fee in a deposit at the beginning of their lease. At the time they found out about the pet she was upset but after explaining to her she said she was okay with it but never wanted a pet in there again. We have contacted the owners and are working on getting them closed out and keys returned as soon as the tenants come in and filled out the paperwork. We are not holding them to the required 60 day notice to take out of management.
Complaint ***** ******* ****** claims i did not turn in a 30 day evacuation notice, which i did, and failed to give me back my deposit ($750). I rented a property from this company from March 2014 to August 2014. I turned in my 30 day notice as required by the lease contract to receive my deposit ($750) at the beginning of August. I went to the office to fill out the form and turned it in before i left. I gave it to the woman at the front desk (*****)and asked if I needed to do anything else to complete the form. When she said I had completed everything I needed to I asked for a copy and left the office. Later that month when we had already moved out I received a phone call saying that they didn't have any record of me turning in the 30 day notice. After explaining to my property manager (*****) that it had to have been misplaced and I had a copy she assured me that if I brought my copy in she would honor it and I would still get my deposit back. The next day I took the form to the office and gave it to the woman at the front desk (*****) who then gave it to a property manager (*******)(not the same property manager that told me she would treat my copy as the original). This property manager told me she couldn't accept the form because a property manager never signed it the day i filled it out, which I didn't know had to happen because I asked the front desk clerk if I completed everything and she told me I had. So basically they called me a liar and said I never turned it in the first place when in actuality the woman I gave it to at the front desk didnt do her job in giving it to a property manager to sign and then it was misplaced. So, basically, her mistake cost me $750.
Desired Settlement I am seeking a full refund of my deposit of $750 as stated in the lease contract which i signed and followed.
Business Response To Whom It May Concern,
We received and reviewed the complaint that was submitted to you by **** ******. One of our cleaners, ****** ******* called ***** ****** a Property Manager, asking if keys for ************ had been turned in. Mrs. ***** told Mrs. ****** that she doesn't show that that address should be turning in keys. After looking into his file, we noticed he never turned in a 30-day notice. Mrs. ***** called Mr. ****** about the fact that he didn't turn in a notice and a cleaner was calling about keys being turned in. He said that he did and would bring us in his copy of the notice once he got it out of storage in ****** ******** Mrs. ***** stated that if he brought in a "copy" of the notice turned in then we would honor the date it said on the notice.
Mr. ****** came back into the office on the 28th of August with what he says was a copy of his notice. When he came in ******* ********** another one of our Property Managers, spoke to Mr. ****** because Mrs. ***** was not in at the time. Mrs. ********* brought the notice into me to look at it.
When we reviewed Mr. ******* notice that he brought back in we noticed several issues that would lead us to believe he never turned in a notice. We have procedures that we follow when a 30-day notice is turned in; they are: 1- have a Property Manager sign and date the notice 2- date stamp the notice the date it is turned in 3- make a copy for the client and 4- staple the copy together so that the client has all the pages. The issues we noticed to lead to our decision on Mr. ******* notice is 1-the ink on the paper looks original, you can see the bleed through marks on the other side 2- the notice is not date stamped 3-the papers are not stapled together and 4- a Property Manager had not signed the notice.
Mrs. ********* went back up front and discussed these issues with Mr. ****** and after some discussion and Mr. ****** still being upset with our review, she told him she would show everything to ***** ******* Owner and ****** of ***** ******* Realty. Once she talked to Mrs. *******, she or Mrs. ***** would call him back. They did call him back and discussed that Mrs. ******* agreed with them and that the notice was never turned in.
Mr. ****** had a roommate who also did not turn in notice until September 2, 2014 which also helps us to come to the conclusion that a 30- day notice was never turned in. Mrs. *** dated her notice for the 4th of August, 2014 but never brought it into the office until the 2nd of September, 2014.
If you have any questions or need to see any of the documents please let me know. I was going to scan them and send them to you but that won't help with the decision of is it original or a copy.
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 Central & South Alabama. 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.
BBB records show the issues raised in the complaint have been resolved. Either customer confirmed the complaint has been resolved, or business confirmed the complaint has been resolved and customer did not respond to BBB correspondence informing customer that complaint will be considered resolved unless BBB hears otherwise from customer.
BBB found business made good faith effort to resolve complaint but customer not satisfied with business response
BBB found that business adequately addressed the disputed issues and made a good faith effort to resolve them; however, customer has informed BBB that he/she is not satisfied with the outcome. In some cases, business may have agreed to mediate or arbitrate the complaint but customer declined to participate in mediation/arbitration.
Customer not satisfied with business response; BBB did not find business made good faith effort to resolve complaint
BBB did not find that business adequately addressed the disputed issues and made a good faith effort to resolve them, and customer has informed BBB that he/she is not satisfied with the outcome. In some cases, customer may have agreed to mediate or arbitrate the complaint but business declined to participate in mediation/arbitration.
BBB did not receive a response from business
BBB did not receive a response from business after two attempts to contact business, and BBB communications with customer do not show that business contacted customer to resolve the complaint.
BBB cannot process complaint
This includes situations where BBB cannot locate business, business is no longer in business, or business is in bankruptcy and complaints must be submitted through bankruptcy trustee.
Your complaint will be forwarded to the company within two business days. The company will be asked to respond within 14 days, and if a response is not received, a second request will be made. You will be notified of the company's response when we receive it (or notified that we received no response). Complaints are usually closed within 30 business days.
BBB promotes truth in advertising by contacting advertisers whose claims conflict with the BBB Code of Advertising. These claims come to our attention from our internal review of advertising, consumer complaints and competitor challenges. BBB asks advertisers to prove their claims, change ads to make offers more clear to consumers, and remove misleading or deceptive statements.
Some Better Business Bureaus offer additional content and services in BBB Business Reviews. The additional content and services are typically regional in nature or, in some cases, a new product or service that is being tested prior to a more general release. Not all enhanced content and services are available at all Better Business Bureaus.
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
BBB Customer Review Rating plus BBB Rating is not a guarantee of a business' reliability or performance, and BBB recommends that consumers consider a business' BBB Rating and Customer Review Rating in addition to all other available information about the business. If the BBB Rating is NR then only Customer Reviews are used for the Star Rating.
We offer free reviews on businesses that include background, licensing, consumer experience and other information such as governmental actions that is known to BBB. These reviews are provided for businesses that are BBB accredited and also for businesses that are not BBB accredited.