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Eastern Washington, North Idaho and Montana

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Madison Real Estate and Property Management, Inc.

Phone: (509) 465-9052 910 N Washington St Ste 107, Spokane, WA 99201 View Additional Email Addresses http://www.madisonspokane.com/index.htm View Additional Web Addresses

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Description

Property management of rental property owned by private rental income property owners (landlords).

BBB Accreditation

A BBB Accredited Business since

BBB has determined that Madison Real Estate and Property Management, Inc. 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.

Reason for Rating

BBB rating is based on 16 factors. Get the details about the factors considered.

Factors that lowered the rating for Madison Real Estate and Property Management, Inc. include:

  • 23 complaints filed against business

Factors that raised the rating for Madison Real Estate and Property Management, Inc. include:

  • Length of time business has been operating.
  • Response to 23 complaint(s) filed against business.
  • Resolution of complaint(s) filed against business.
  • BBB has sufficient background information on this business.

Industry Ratings Comparison | Chart


Customer Complaints Summary Read complaint details

23 complaints closed with BBB in last 3 years | 10 closed in last 12 months
Complaint Type Total Closed Complaints
Advertising/Sales Issues 0
Billing/Collection Issues 9
Delivery Issues 0
Guarantee/Warranty Issues 0
Problems with Product/Service 14
Total Closed Complaints 23

Additional Complaint Information

BBB files indicate that this business has a pattern of complaints concerning failing to respond to issues reported by consumers and not allowing consumers to accompany the business during the final move out inspection. Further, BBB files indicate that this business does not issue a refund of deposit within 14 days of a tenant move out.


This business has responded to BBB's inquiry regarding this pattern of complaints.

The response was determined to be satisfactory to BBB and fully addressed and provided an explanation for all concerns raised by consumers in complaints filed with BBB




Below are excerpts from the business' response to BBB regarding BBB's inquiry.


* Regarding concerns from consumers about this business failing to respond to reported issues with property. -

Madison responded that they "encourage and welcome communication." They continue to state that in order "to prevent 'he said, she said" type problems, we require all disputes (and most other types of communication) be in writing." It was explained in their response to BBB that this business requires written communication to eliminate hearsay and handle only facts regarding disputes and other communications.


* Regarding concerns from consumers about this business not allowing consumers to accompany the business during the final move out inspection - 


Madison stated in its response to BBB that prior to move-in of any new tenants, photos of the property (estimated at over 200) are taken documenting the condition of the property. A CD with all photos taken and a move-in report are provided to the consumer upon move-in for their documentation.

On move-out of the tenant, the business states that to prevent any conflict and distraction or delay from the tenant, the business does not accompany the tenant on the final walk through. Instead, the business conducts the final move-out inspection independently of the tenant. After the inspection is completed, any repairs to the property not associated with normal 'wear-and-tear' are repaired. The cost of these repairs are charged against the tenants' security deposit. "The tenant is sent a final accounting sheet listing all deductions from the deposit line-by-line and is given copies of all receipts. We even provide before and after photos if requested."


* Regarding concerns from consumers about the business not providing a refund of deposit within 14 days of a tenant move out - 

Madison responded to this concern, referencing the Revised Code of Washington (RCW) 59.18.280. According to the state of Washington's website "Within fourteen days after the termination of the rental agreement and vacation of the premises... the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement." 

Simply stated, a landlord must either provide a full refund of a tenant's security deposit unless a full and specific statement is provided to the tenant stating why the landlord is withholding all of, or part of the security deposit. This notice must be postmarked no later than 14 days after the final move-out.





BBB highly recommends consumers review the Washington State Attorney General Office's resources prior to leasing any property in Washington State to understand a tenant's rights in Washington. Consumers may find this information here.

BBB also recommends consumers reviewing the following tips prior to and after renting property in Washington State:

* Upon move-in, fully document and take pictures of, the condition of the property being rented, ensuring that any damages are well documented and submit a copy of the report to the landlord for their files;
* Correspond with the landlord in writing whenever repairs or issues occur with the property to ensure every communication and attempt to communicate are documented;
* On move-out, fully document and take pictures of the property after thoughtfully cleaning, marking any damage or additional wear and tear that is different from the move-in report, and submit a copy of the report to the landlord for their files;
* Ensure that you provide a new address to the landlord upon move-out for future correspondence from the landlord regarding the security deposit.


Customer Reviews Summary Read customer reviews

12 Customer Reviews on Madison Real Estate and Property Management, Inc.
Customer Experience Total Customer Reviews
Positive Experience 3
Neutral Experience 0
Negative Experience 9
Total Customer Reviews 12

Additional Information

top
BBB file opened: March 16, 1993 Business started: 03/05/1984 in WA Business started locally: 03/05/1984 Business incorporated: 03/05/1984 in WA
Licensing, Bonding or Registration

This business is in an industry that may require professional licensing, bonding or registration. BBB encourages you to check with the appropriate agency to be certain any requirements are currently being met.

These agencies may include:

Department of Revenue Washington State
Department of Revenue ( Public Records Division), PO Box 47478, Olympia WA 98504-7477
http://dor.wa.gov/content/Home/Default.aspx
Phone Number: 800-647-7706

Type of Entity

Corporation

Business Management
Mr. Eric Bessett, President
Contact Information
Principal: Mr. Eric Bessett, President
Business Category

Property Management Real Estate Real Estate Rental Service

Alternate Business Names
R. W. Dickerson Management and Company, Inc

Additional Locations

  • 910 N Washington St Ste 107

    Spokane, WA 99201

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BBB handles the following types of complaints between businesses and their customers so long as they are not, or have not been, litigated:

  • Advertising or Sales
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  • Guarantee or Warranty

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  • - Communication/Mass Email
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Complaint Detail(s)

10/8/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We rented from Madison Real Estate and Property Management (MRE) for a 1 year period from 6/22/2012 through 6/30/2012. When our lease was coming to an end, we had the choice to renew our lease, rent somewhere else, or consider buying a home. We chose to get away from MRE as soon as possible. We received a statement and (partial) deposit refund on 7/15 after moving out on 6/30. The summary page said to call if we had questions and when we called we were laughed at for having tried to call instead of communicating in writing. At that point we knew that our problems with dealing with MRE were not even close to being over. We sent an email to them later that evening (7/15) to see who we should contact about our questions, and how we should contact that person. We sent another email to them about it on 7/21 due to no response. They replied on 7/22 asking for “specific questions” to the deposit without saying who to contact. I replied with those specific questions on 7/22. With no response from MRE after one more week, I sent another email on 7/29 reminding them. Then I sent another email on 8/3 to remind them, again due to no response. And I sent another email on 8/5 reminding them once more (yep, due to no response). After no response at the end of business on 8/6 I changed my game plan. Phone calls obviously weren't working. Emails obviously weren't working. So I sent a certified letter giving them one week to give a reply with answers to our questions or I would sue, which arrived to them on 8/7. Finally, on 8/19, rather than suing, I sent another email begging them to reply. Still no reply, so I went in person to their facility towards the end of business on 8/21. At this point we probably should have just sued them. Instead, I called them after I left work on 8/21 to see if they were still open and to see if the person I was emailing was still there. The receptionist said the person was still there, and still would be when I got there 10 minutes later, still within normal business hours. After arriving, the receptionist told me that the person was, in fact, not there and had gone home for the day! I told her that I wasn't leaving until I had the chance to speak with that person. Suddenly she came out of the back room! I explained to the person about me sending 7 emails and 1 certified letter since we had moved out, without any answer from MRE to my questions on the bill. I reviewed the charges and how I felt they were inaccurate. She verbally admitted that the new account water bill fee ($10) was indeed charged in error, and that they would be sending a response to me by email the next day. And this time they did actually reply! And to my surprise, two business days later we even received actual paper copies of their email! And it was written that they would give us the credit for the $10! In their response, their excuse for withholding the $10 was, “this may be a new charge that [the water company is] doing that we were not aware of.” This is just plainly not true to any extent. I contacted the water company and was told that this charge has been in place “prior to 2000.” The water company also said that MRE has even paid that fee “a number of times” in the history of MRE having accounts with the water company. On top of this, MRE requested copies of our rental water bill statements on the day we signed the lease, and MRE was aware through those statements that we were charged, and paid for, the $10 fee on our first bill. And to add more, MRE was the property management company for 30 different active accounts with the same water company on the day we signed our lease. MRE knew that this was not a new fee. They knew that it was included with every initial statement when the account changes responsible parties. To top it all off, the fee is even mentioned on the water company’s website very plainly and clearly. Two weeks later after their reply we still had not receive the $10 credit they promised to credit. Perhaps they meant that we would have a $10 credit towards our next rental, knowing full well that we would never rent from them again? Even the form of the credit was not clarified. Rather than send any more emails, which history showed would be unanswered, I sent a second certified letter on 9/10/2013 (MRE received it on 9/12) giving them until 10/1/2013 to return the money owed us, or face litigation. RCW 59.18.280 states, “If the landlord fails to give such statement together with any refund due the tenant within [14 days] he or she shall be liable to the tenant for the full amount of the deposit.” As such, and to be in compliance with state law, we are requesting the remainder of our deposit be returned for the time and trouble we have gone through in trying to get our money back. This month (6/30/2014) will be 1 full year since we moved out and we still have not received any other communication from them about when or how they will be giving any credit, even though they said this credit would be given. They failed to comply with the state law. While they did give a statement, it was not a full statement. It was not a specific statement. And they failed to provide a portion of the deposit that was due to us, the tenants, within the specified time-frame. When I brought this to their attention the day we received the initial partial refund, all they really had to do was reply within a reasonable time and return the $10. I likely would not be pursuing the remainder of our deposit if they had done this, although it was still a failure to comply with the state law. Instead, they ignored our multiple attempts to communicate and resolve the issue, most likely hoping that we would forget about it. But because of the intentional refusal to return the money owed to us, we are asking for the remainder of the full deposit according to the state law. If we must take this to court, we will ask the court to consider awarding "...two times the amount of the deposit for the intentional refusal of the landlord to give the refund due."

Desired Settlement: Our desired outcome is for them to comply with RCW 59.18.280 and return the remainder of our full deposit, totaling $440.04, due to their failure to “provide a full and specific statement” as well as failing to give “any refund due the tenant.”

Business Response: First, let me apologize that Mr. and Mrs. ******* were communicated with in a timely manner.  We strive to respond to all requests in a reasonable amount of time but occasionally we fall short or things get missed.  This appears to be one of those instances. 

Let me run through the time frames of events as evidenced in the attached document:

6/30/13: Lease end date
7/1/13: Tenant delivers keys to office
7/4/13: Move-out condition report completed
7/12/13: Final disposition sent to tenants (including all invoices and ledger outlining all charges in detail)
7/22/13: Tenant submits questions about deposit in writing (via e-mail)
8/22/14: Response outlining all charges (and the mistaken $10 charge) mailed to tenants

After reviewing this case and the tenant ledger it has been found that we did not issue a refund for the $10.00 mistakenly charged to the tenant.  A check for the $10 plus an additional $20 ($30 total) for inconvenience, mailing costs and inadvertently holding the funds will be mailed out to the tenant by July 11, 2014 via certified mail.

I do apologize for the inconvenience and that the mistaken charge did not get returned to the tenant in a timely manner as it as it should have.  However, this was not an intentional refusal to return funds; it was a simple oversight due to a flaw in our process.  In our opinion this mistake does not constitute a violation of RCW 59.18.  Additionally, a full and complete accounting was provided to the tenant as of July 12, 2013, despite the claims of the tenant (see attached).  The amount of $440.04 owed by the tenant will not be refunded.

We have adjusted our process so that moving forward the bookkeeper is copied on any deposit dispute responses so that entry of any refunds is double-checked by both the maintenance and accounting departments.  This should prevent this sort of thing from happening in the future.

Lastly, I once again apologize to Mr. ******* that our communication was lacking and we will strive to do better in the future. 

Regards,



**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

You “occasionally” forget to respond to complaints to your tenants?  My complaint of you not responding is not something new about Madison Real Estate (MRE), simply read the BBB reviews and the reasons for your BBB rating.  Also, when I was being ignored for the 1st 6 weeks after we moved out, I called the property owner, for whom you managed the property we rented.  Yes, I’m sure you already heard from him about me having to contact him directly to help me.  I had to leave a message the first time in the evening, but he quickly called back THE NEXT MORNING.  He told me of his own frustration in trying to do business with BBB.  He surprisingly (well, not so surprisingly) couldn’t get anyone to return his phone calls or emails.  He had tried several times, in multiple methods, and he failed to get a response as well.  So, that “instance” of MRE not responding to requests in a timely manner wasn’t just with me as a tenant in that initial period, but also the property owner. Also, the new tenants in the same home have had several issues in getting simple repairs done, and they threatened to sue you for your lack in response.  The neighbor just down the road from my new house had the same issue, with you not responding to his requests for simple repairs when he first moved in.  These are just a few of the MRE tenants that I know.

Now, in your time frame of events you forgot to include ALL OF THE OTHER attempts I made to contact you, including via certified mail.  I would have sent the specific questions sooner, but I had no information on who the correct contact person was supposed to be.  The original summary page said to call you, and when we called we were laughed at and told to do everything in writing but didn’t give us a person to contact.  I asked the Maintenance Manager, and she never told me who the correct person to contact was, but she asked for the specific questions.  I emailed those questions the same day she (finally) responded to me. It took me 2 emails (7/15 and 7/21) just to get the correct contact person before sending the questions.  I am attaching all documentation I have about our attempts to contact you. 

In your reply to my BBB complaint you said that on 7/12/13 the “Final disposition [was] sent to tenants (including all invoices and ledger outlining all charges in detail).”  I frankly disagree, and the invoices (see attached) confirm this.  Nowhere in it did you outline the charge for YOUR new account fee, and you charged us for YOUR new account set up fee, which was not outlined in the ledger.  Therefore, the disposition DID NOT outline all charges in detail; hence, the failure of the landlord to “give a full and specific statement of the basis of retaining any of the deposit” (see RCW 59.18.280).  You attempted to provide the full statement, but you did not actually send a full and complete statement (mistakenly or intentionally).

You were correct in part of your reply: “… [MRE] did not issue a refund for the $10.00 mistakenly charged to the tenant.”  That says it all right there.  YOU failed to give “any refund due the tenant within 14 days.”  It has been a full year now.   The law states it clearly that if this happens, the landlord “shall be liable to the tenant for the full amount of the deposit.”  It doesn’t say anything about exceptions for “mistakes” or otherwise.  It really is that simple, and I can’t see why you feel that you failing to give any refund due does not constitute a violation of this RCW 59.18.  There aren’t very many sentences in the RCW.  It isn’t hard to get lost in there.  Now, if you had offered the $10 plus an additional $20 for inconvenience the first time around (after my first 2-3 attempts to contact you, or even when you replied nearly 8 weeks after we moved out), I might have actually let this slide. 

After you finally replied and admitted that you failed to provide the full deposit due to us, you yet again failed to deliver by not actually sending the refund.  I guess that was another one of those “instances” where you fall short?  I even sent you a reminder via email and certified mail 2 weeks later to forward us the money due.  You simply ignored (again) that certified letter also.

I then sat on this for several months, researching MRE’s past, and nearly filed small claims to pursue the owed full amount of the deposit.  I wanted to give MRE one last chance, however, by going through the BBB.  Listed below is a time frame of events for this process:

6/7/2014: Complaint filed with BBB

6/8/2014: Complaint sent to MRE with request to respond within 10 calendar days (a time frame that BBB felt was appropriate to wait for a response)

6/17/2014: BBB sent second request for business to respond

6/23/2014: BBB sent third request for business to respond

6/27/2014: BBB advised MRE that their accreditation could be revoked if they don’t respond

7/1/2014: MRE requested a 5-day extension to reply

7/7/2014 (morning): MRE’s time frame was exceeded for a response, MRE notified

7/7/2014 (afternoon): MRE gave 1st written response to BBB complaint, claiming they will send a $30 refund to us

Wow, I must have terrible luck with MRE.  It took you one full month, 5 notices AND threats of your BBB accreditation being revoked to get a reply from you.  I seem to be involved with all of your “instances” in which you fall short. 

I also find it very interesting that it wasn’t until BBB got involved that MRE admitted that this “mistake” was their mistake.  In your first reply to me you avoided any responsibility of it, and stated that “this may be a new charge that we were not aware of.”  That letter was signed by the “Designated Broker and/or Managing Broker.”  Then I brought forward the truth about the situation, and only then did you admit that you made a mistake.  Trying to skirt the issue is just terrible business habits.  You knew it was not a new charge.  You were completely aware of the charge.  You outright lied to us to cover up your mistake.  Nowhere in that first reply did you even hint at apologizing for not refunding the money.  And then you had another one of those “instances” and never sent the refund you admitted to owing us.  You never even apologized for lying to us, but tried to downplay this whole thing as an instance of a mistake in which MRE fell short.  

You said you have adjusted your process so “that entry of any refunds is double-checked by both the maintenance and accounting departments.  This should prevent this sort of thing from happening in the future.”  The very first person that I emailed to discuss deposit concerns was ****** ******.  She signed her email with her first name, and then listed her job functions directly below that.  It is very interesting that she lists herself as being “Maintenance Manager” as well as “Accounting”.  Your process “adjustment” that you mentioned isn’t really an adjustment at all.  You make it sound like a change will take place where two separate departments are overlooking the issues, but evidence shows that no actual change can occur if the same person wears both hats.  It sounds good on paper, but when all the details are brought forward it is very clear that it’s just words.  I’m calling your bluff again.

Now, the RCW doesn’t require the intentional refusal to refund the deposit.  For the full deposit to be returned per the RCW if you fail to give “any refund due the tenant” within 14 days, no intention is mandated to be proved at all.  For you to not have to repay the full deposit, you must prove that circumstances "beyond your control prevented you from returning the deposit."  It is quite simply if you fail to return the full deposit due the tenant.  No other qualifications.  The intention qualification is requisite to be proved only for double the deposit to be returned, in the courts discretion.  If intentional refusal is proved, then you could be liable for up to two times the amount of the deposit.  We can go there if you want; all evidence put together shows beyond a reasonable doubt that this was more than a simple oversight.

However, I know mistakes happen.  Let the facts stand where they are for your intentions.  When there are that many mistakes and lies with one transaction it’s hard to believe that this was merely a mistake.  Intention is difficult to prove, so I will leave that one up to the judge.  I am simply requesting that you comply with the state law as it is clearly and simply written.  If we actually receive the $30 check you mentioned, I will count that towards the total of our remaining deposit to be returned. Let's just hope that I am not a participant in your next "instance" of MRE falling short.

I am still requesting that you return the total of our full deposit as it became due on 7/15/2013 because of your failure to comply with state law and your neglect in returning our deposit, and for making us suffer through your lies and prove you wrong.


Regards,

****** *******

Business Response: To Whom It May Concern:

My sincere apologies.  Our bookkeeper apparently misinterpreted the response, an honest mistake.  An additional check for $10 will be issued in our next check run.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Please add the following to my BBB complaint about Madison Real Estate.  Thank you!
 
I am curious why Madison chose to wait past their BBB-recommended time frame once again in order to tell me that they again made an "honest mistake" in not sending the amount they said they would send.  Did Madison not "change your process to prevent this sort of thing from happening in the future?"  How many times can this business screw up and get caught trying to wrongfully withhold money without thinking they will have to pay a penalty for it?
 
I am also curious why they chose to not comment on my rejection notice.  The points I would like them to respond about are listed below:
1. Why did you take so long in responding to my initial inquiries after our move-out?  I sent several emails, 2 certified letters, 2 phone calls and 1 personal visit to your office.  For a business to say they strive to respond to all requests in a reasonable time then it shouldn't take nearly 6 weeks to get answers to simple questions.  
2. Why do you not make it more clear to your tenants how they should contact you about inquiries regarding their statement?  We can make a calculated estimate that it is so a few of them will just drop off and forget about the inquiry and you get to keep your unlawfully-withheld monies.
3. Where in your final disposition to us do you mention the wrongfully-withheld charge?  If you provided a full and specific statement, as required by RCW 59.18.280, then this should be in it.  How was it "out of your control," as the law demands for you to prove for you to not be liable for the full deposit due? Otherwise, you are in default of state law on two separate facets (not giving the statement and not returning the money due).
4. If the first "mistake" was not intentional, and you realized the mistake after my several attempts to contact you, why did you yet again fail to send the money the second time, even after you said you would be sending the refund?
5. After ignoring my BBB complaint to the point of almost having your BBB status revoked, you said you would be sending a $30 refund check via certified mail.  If you really didn't intend on keeping our measly $10, why did you only send $20 when it came time for it? Another "honest mistake" I guess.
6. How is your process going to be adjusted (as you hinted in your first response to BBB) so that two different departments review refunds to avoid "mistakes" when the same person is over both departments?  What, exactly, are you changing in your process to avoid this in the future?
7. If you try to communicate in a reasonable amount of time, why does it take so long to get any reply from you about your BBB complaints?  You have consistently waited until after the BBB-recommended time frame to respond.  When you don't even communicate to the BBB in a timely manner, how should the tenants and landlords expect to be treated?
8. What would help anyone reading the BBB complaints want to do business with Madison when you have been proven that you don't communicate, that you steal money, that you ignore requests about the theft, that you lie about the reason for the theft, and still lie about changes in your process?
 
In a different complaint from BBB about Madison, from 6/27/2014, you replied that "younger college students...need to be held accountable" because they "feel as though they should be able to live without rules and standards."  Madison, I hate to say it, but it's not just the young college students that need to be held accountable and cannot live without rules and standards.  Professional businesses should do the same, if not more so.  You are trying to avoid your own accountability because you know that you are going to pay for it.
 
You owe us the full amount of our deposit back, end of story.  Not just the $30 ($20 you actually sent back).  If you don't comply with the state law and return the full deposit due to us then you should saddle up for a rough lawsuit ahead.  It's a shame that all of this is over an attempted $10 theft.  If you had dealt honestly with us from the start of our lease and/or fixed your "mistake" the first time around, we wouldn't be going through all of this.
 
This is my final message to BBB about your dishonesty and lies.  **** also has plenty more similar reviews for readers to see.


Regards,

****** *******

Business Response: To Whom It May Concern:

Attached is the copy of a check to the *******s for an additional $20 (and the envelope it was sent in) sent from our office.  We have now sent them $40 (Chk #***** for $20 on 7/8/14.. and Chk #25061 on 9/25/14) to compensate for any trouble the *******s had in receiving their $10 refund for utility transfer charges.  

The above however does not negate the fact they did not leave the property in an acceptable condition and were charged accordingly (photos attached).  We will not be refunding the cost for cleaning and/or repairs.

Regards,

**** ** *******
President
Madison Real Estate and property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,

****** *******

 
Madison Real Estate, did I miss the post where you addressed my questions regarding your habits of lying and deceiving and trying to ignore people that bring this information to your attention?  I have asked several questions in prior posts, and not once did you respond.  In fact, you almost LOST YOUR BBB ACCREDITATION a second time because you failed to respond to them in a timely manner.

At least TRY to answer the questions.  You can't just ignore that fact that the questions were asked simply because you don't know how to WEASEL YOUR WAY OUT of those lies.

Please see posts from 7/9/2014 and 7/28/2014 for the questions that you have completely failed to answer.  AND ANSWER THE QUESTIONS--TRUTHFULLY THIS TIME.

I accept the repayment of $40 as a partial repayment, and we will deduct this from the total refund that is legally due to us.  Because Madison failed to return the full deposit due as required by RCW then they are fully liable for the full amount of our deposit. The landlord-tenant laws are there to keep the landlords from illegally withholding our deposit and to institute a consequence when they do this.  The consequence for such a choice, clearly stated in the RCW, is that they now have to refund the full deposit.  Their only way out of that consequence is to show that this was due to “circumstances beyond the landlord's control” that prevented them from returning the full refund.  It was very plainly within the landlord’s control, they just chose to not refund the money the first time, or even the first 10 times that I requested that they do so.  I have been trying to get this straightened out through the BBB, but Madison doesn't even respond to them in a timely manner (see below).  I feel like I am trying to reason with my 10 year old child when trying to deal with Madison, attempting to teach consequences for lying and dishonesty.

Thank you for bringing up the issue about the grass in the flowerbeds and weeds in the lawn by attaching a picture of it.  This is a whole different issue that again shows your dishonesty! *** ********* bullied us at the beginning about the grass in the flower beds and weeds in the lawn by saying that it was not something that he would put on the move-in checklist, despite us asking for it (among several other damages/issues that he refused to put on the checklist).  We naively signed the checklist still.  Upon move-out, however, THEY CHARGED US to have the grass removed from the flower beds.  THEIR OWN PICTURES of our move-in clearly SHOW GRASS in the flowerbeds and weeds in the lawn.  Yet THEY STILL CHARGED US to have this removed at the end of our tenancy.

Here’s the kicker—when the new tenants moved in, guess what was on their move-in checklist?!  Yes, grass in the flower beds and weeds in the lawn--the same grass and weeds that were there upon us moving out that we "paid" to have removed.  They charged us for fixing something that was already there upon move-in, and then they didn't actually have the services performed.  I also spoke with those tenants after they suffered under Madison’s thumb, and guess what?!  Madison charged them to have the grass and weeds removed, which, of course WAS NEVER DONE!!

Madison, answer the questions posted on 7/9/2014 and 7/28/2014 as well as the issue with the grass as stated above.  I dare you to try to give an honest explanation for your several lies and deceits.

In the meantime, we will still await for you to comply with the state law and return our full refund because of your dishonest business practices and lies.  Currently, the remaining total is $400.04.

10/8/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: A few years ago, I contracted with *** ********* of Madison Real Estate and Property Management to manage the renting of my town home at **** ** ********* ***** ******* ******* ** *****. He has not performed due diligence as promised in that contract. For example, the contract states that the renter would "clean up the exterior of the property . . .". More than once, the homeowners association sent me an official request to clean up the landscaping around the town home to bring it into compliance with the rest of the neighborhood. Mr. ********* assured me that he would have the work completed and would bill the tenants to clean up the yard. He never fulfilled that promise. July 31, 2014, Mr. ********* and I terminated our management contract. My town home was vacated with a large front picture window broken, the interior of the home dirty and greasy, and the exterior an overgrown mess of weeds and dead plant debris. My phone calls are not returned, nor are my emails, nor my keys, nor my garage door openers, Mr. ********* and his staff are in "avoidance mode". I do not know what Mr. ********* is doing with the damage deposit paid by the tenant who vacated my property on July 21, 2014. Madison does not honor its contracts, does not have the civility to communicate with its clients, and makes promises that are never kept. I think the citizens of Spokane trust that the businesses permitted to operate here are ethical.

Desired Settlement: My first desired outcome is that the large broken picture window in the front of my town home be replaced with a new unbroken window pane. Second, the town home needs to be thoroughly sanitized with carpets shampooed, floors mopped, bathrooms scoured, kitchen and appliances brought back to the cleanliness in which I turned the property over to Madison. Third, the landscaping needs to be restored to a groomed appearance in compliance with the rules and regulations of the ******** ***** Homeowners Association. Fourth, I want my house keys, my garage door openers, and the counter top microwave returned to me. Fifth, I expect no apology nor communication from Madison once these desired outcomes are finalized. I will be delighted to have this nightmare business relationship behind me.

Business Response: To Whom It May Concern:

We have been in communication with Ms. *********.  Please see attached e-mail string.  

The main point of contention is that she wanted to let people into the unit to use at their convenience before our move-out process was completed.  She would have put herself and us at risk and allowing people into the unit prior to the move-out process being completed could have voided any recourse against the former tenants.  We are trying to protect her whether she realizes it or not.  Please see attached e-mail dated July 25, 2014.

We would have gladly handed over keys to Ms. ********* at any time had she signed our release stating that she was taking control of the property and alleviating us from any liability or responsibility for her actions moving forward.  She did not do this and in fact a representative of hers came into our office AFTER this complaint was filed to pick up the release for her.  We had e-mailed it to her prior but had not received it back from her.

Lastly, all of the items requested in her "Desired Settlement" are things we do in the normal course of business on dozens of move-outs each month. All cleaning and repairs are charged towards the tenant and completed up to the amount of the tenant deposit.  Any further expense is the owner's responsibility to forward funds to us and we then pursue the former tenant for reimbursement (up to and including collections if necessary).  Please see detailed move-out condition report documenting deficiencies at the time of tenant move-out.  A detailed set of 298 photos taken at the time of the move-out condition report can be provided to the BBB upon request.

Lastly, all accounting will be done and provided to Ms. *********.  We operate and account for all trust funds according to state law and provide a transparent, open and complete accounting for all funds.  However, as always, we do need reasonable time to complete this process.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

First of all, after doing business with Madison Property Management for over three years, they fail to spell my name correctly.

Second, the email they submitted to you dated July 25, 2014 was created after the fact specifically for you to think there was an "email string" between us of some sort.  I NEVER received any such email in my inbox nor delete file nor spam file.  They made it up so you would think they communicated with me.  They did not.
Third, I have spent over $350 so far by hiring a laborer to bring my town home's landscaping up to the accepted standard of the ******** ***** Homeowners Association.  Said laborer has billed Madison Property Management, but of course, they have ignored it too.  I have also had the downstairs toilet fixed by a plumber because the last tenant left it so that it would no longer flush.  That came to over $200.  Now I am having the large front picture window replaced and am expecting a bill in the neighborhood of $500.  Madison Property Management is holding a damage deposit of over $1500 from the last tenant who moved out July 21, 2014.  How long does it take Madison Property Management to release to me that damage deposit since they have made absolutely NO effort to clean the filthy mess the last tenant left nor to make any repairs they choose to neglect.  
Fourth, Madison sent me a copy of a release to sign to end our contract to do business.  It was impossible to print it out on my computer.  However, I would not have signed it anyway because it stated that I would have to release Madison from any "past, present, or future" liability regarding my property.  To me, that meant they wanted me to release them from the mess they are supposed to clean up when a tenant vacates.  Madison has done nothing and continues to hold onto the damage deposit earning interest on that money the longer they can keep it.  
Fifth, Madison is lying to you in the same way they lie to everyone.  They have not met their due diligence obligations with me and yet they are proclaiming total innocence to you.  It is so sad that Spokane is such a "good ol' boy" town.  Since moving away, I have come to realize that in Spokane, the "good ol' boys" can conduct business any way they want to and get away with it.  Perhaps I can get a fairer hearing at the State level.  I sense that I have wasted your time and mine in the pursuit of fairness in Spokane by appealing to the Chamber of Commerce which sides with business owners.
     Sincerely,
           ******* *. **********   

Regards,

******* **********

Business Response: First, my apologies if we misspelled Ms. **********'s name.  As someone whose name is frequently misspelled (and mispronounced) I understand her frustration.  It was a simple oversight that would have been corrected if brought to our attention.  However, after reviewing our system, the spelling is the exact same as in this complaint.  So I'm not sure what she has been looking at for three years.

No e-mail was or ever has been "made up."  Anything submitted was printed directly from our e-mail program.

As far as damages and cleaning, it is hard to properly assess and bill a tenant for these items when an owner allows people into the property prior to all repairs and cleaning being done.  We were in the process of cleaning and lining up repairs.  However, her actions and demanding the keys to her property makes it a bit difficult to do our job.  Since Ms. ********** has decide to complicate matters, it will take time to sort out the mess.  The tenant's deposit will be distributed appropriately as soon as possible.  As far as holding on for extra interest, I'm sure that must be a joke.  Holding on to the deposit for 30 days would net us roughly $1.30.  Hardly worth the hassle.

The last point made about "good ol' boys" and the Chamber of Commerce siding with business owners shows a misunderstanding of this process.  The BBB is not the Chamber of Commerce but rather a consumer advocate.  Not sure how to respond other than to point out the facts.

I could go on about the discrepancies in Ms. **********'s story and list the numerous facts she has conveniently omitted, but will stop here unless asked for further information.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response:

To:  *************, BBB
     The reason I am not content with the outcome of my complaint #******** is that Madison Property Management has never really answered my question as to why they refuse to honor their contractual promises to fix any problems created by the tenant they rented my town home to.  For example, the last tenant broke the large f***t living room window, left my town home a greasy, hairy mess, left one of the toilets unusable, and left the landscaping a mess of debris and weeds.  Madison retained a damage deposit of $1550 from **. ***** ******, my last tenant who moved out of my town home on July 21, 2014.  Since that time, *** ********* of Madison Property Management has stopped all communication with me and has done nothing to fix all the problems created by the last tenant they put in my town home.
    Here is a summary of the bills I have had to pay to restore my town home to a decent state as of October 2, 2014:
     Large broken window replaced = $429.06
     Landscaping cleanup = $350.00
     Broken toilet repaired = 203.81
     Cleaning and shampooing of carpets = $250.00
     Refrigerator not working, repaired = $198.12
 
     Plus, Madison Property Management has refused to give me back my garage door openers and keys to the entry doors, so I had to have the locks changed for another $150.
     It is now October 2, 2014.  How long does it take them to take care of these items?  What are they doing with the $1550 damage deposit?  Why do they refuse to communicate with me?  Why do they refuse to answer my questions when they respond to you?  How 
can they stay accredited with the Better Business Bureau when they operated so dishonestly?  
     Thank you for forwarding my emails to Madison Property Management.  **** ******* has responded to you, but has not answered specific questions such as "where is the money"?
          Sincerely,
               ******* **********

9/26/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I am the owner of a residential property that was managed by Madison Real Estate and Property Management. My contract with Madison was terminated on August 9, 2014 for multiple violations of our contract agreement by Madison Real Estate. I terminated the contract as per the terms sited in the contract via certified mail. On Aug. 1, 2014 I spoke with the president of Madison Real Estate, **** *******, in regards to when I would receive documents essential to the management of the property (lease agreement, home inspection and tenant deposit). Mr ******* told me I could get them on the termination date of the contract. On the morning of Friday, Aug. 8, 2014, I called Madison to find out when and where I could get the documents. I was told no instructions were left for them by **** ******* to give me any of those items and they wouldn't give them to me without his instruction. They said they had no way to contact him but they would call and let me know when **** returned to the office. I did not receive a call back. I called back just before closing that same day and talked to the vice president of Madison Real Estate, *** *********. *** ********* was very rude and told me I would get them when they felt like giving them to me and there was nothing I could do about it. It has been 10 days now since the contract terminated and I haven't heard from them or received any of the requested items.

Desired Settlement: I receive the requested documents as soon as possible and the report of this behavior is made accessible to the public.

Business Response: To Whom It May Concern:

Let me address the assertions in order-

1. Contract Issues: In the effort to clean and repair Mr. *****'s rental home in order to show the home and place a qualified tenant quickly, we conducted work on the property.  This was done in order to rent the property quickly.  We did not intend to upset Mr. *****, only look out for his best interests.  We did find and place a tenant quickly saving Mr. ***** extended vacancy time and giving him income much quicker than otherwise would have occurred.  In addition to that, WE PAID HIM EVERY PENNY WE SPENT ON HIS PROPERTY DURING THE TURNOVER PROCESS (OVER $1,000).  WE PAID TO HAVE HIS PROPERTY CLEANED AND REPAIRED OUT OF OUR POCKET.  So, not only did he get cleaning and repairs done quickly and get a good, qualified tenant placed quickly, HE PROFITED FROM OUR EFFORTS BECAUSE WE WERE TRYING TO DO THE RIGHT THING.

2. Conversation on August 1, 2014:  We did speak and I explicitly told Mr. ***** that he could pick up keys as of the termination date but that the lease and final accounting wouldn't go out to him until about 14 days after the termination date (we technically had 30 days to get everything to him).  We got out the documents promised within the 14 day timeframe I expressed to him on the phone.  This is our standard practice and we have never to my knowledge had a complaint about it.  Mr. ***** had the tenant's contact info and a copy of the lease sent to him upon tenant placement, so there was no issue in managing his property during our turn-around window of 14 days.  To address the communication issue further, Mr. ***** also sent a letter stating that he did not receive a return phone call when requested about the mistake listed in paragraph 1 above.  That was untrue as well.  I left two messages in two consecutive days after his request (apologizing for our oversight and making sure he was satisfied with our refunding $1,000+ to him).  The answering machine was his wife's voice stating both of their names, so I know I did not have a w***g number.  I never received a return call from him.  

3.  No Return Call on August 8, 2014:  We work 12 and 14 hour days in the summertime, many times out of the office at properties (in other words, doing our job).  This is especially true the first ten days of the month when turning properties around to get them ready for rent is very time sensitive.  Expecting a call back in less than 8 hours, from a person doing time-sensitive work out of the office, during the busiest time of the month, is unrealistic in our business.  Mr. ***** was told by me what to expect and when to expect it in our phone conversation on August 1, 2014.  He was told by our office staff what the process was and when he could expect documentation and accounting.

4.  *** ********* Rudeness:  Mr. ***** was belligerent and demanding.  Mr. ********* was firm as Mr. *****'s demeanor was very hostile.  I would not consider Mr. ********* to be rude, but he can be very direct when necessary.

As far as Mr. *****'s desired settlement, he now has the documents promised, in the timeframe promised to him by me personally in the phone call on August 1, 2014.  Additionally, I too wish this report be made public so anyone considering to do business with Mr. ***** will be aware of how he operates.

Neither myself nor my company are perfect.  We make mistakes and when we do we own up to them and try to rectify them as best as possible (such as paying for work even though it means we will lose money, like in this instance).  However, there are times when someone is unreasonable and cannot be satisfied under any circumstances.  Unfortunately, this appears to be one of those times.

Respectfully submitted,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: <st***g>[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]</st***g>

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Please see attached.

Regards,

**** *****

Business Response: As I stated in my original response, we made mistakes but did everything in our power to correct them to no avail or satisfaction on the part of Mr. *****.  He came out far ahead both financially and in peace-of-mind due to our efforts.  His lack of communication on the outset (not returning my two phone calls) and misunderstanding of a prior phone conversation is disappointing.  I'm not sure what else to do at this point and hope he finds satisfaction elsewhere.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [A default letter is provided here which indicates your acceptance of the business' response. If you wish, you may update it before sending it.]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and find that this resolution is satisfactory to me. 

Regards,


**** *****

8/22/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We have been tenants of Madison Real Estate for quite some time now we moved in ***** **** *** on March 8, 2012 originally with ***** *** **********. A few months later ***** *** ********** was taken over by Madison Real Estate that when the issues start to begin. We woke up to an eviction three days to vacate notice I called everyday day three times a day to get an answers which I never got for almost a month until i filed a complainant then we got an answer. Same issues with maintenance it took many calls to get our Air Conditioner fixed after i did the required email of issues we had a bird in our kitchen that was not considered an emergency to them but was an issue to us because that caused us not to be able to cook because it was in our kitchen vent over the stove. I am writing because we requested a walk through but was denied we cleaned inside out top to bottom yard work as well. Some of the things that were stated in the condition report were things that were cleaned before we left , we also took pictures we feel like we are being taken advantage of because we moved out of state the condition of the resident was in better shape then it was when we moved in. Granted the minor wear and tear through the home.

Business Response: To Whom It May Concern,

I personally met with the ******'s the afternoon prior to their departure.  They were concerned about getting their full deposit back, so I spent time explaining what I look for on a move-out property condition survey.  Specifically, I said to make sure the home was cleaned so there was no hair, wipe out drawers completely, clean behind the refrigerator and under the stove drawer (two common missed areas), etc.  They told me they were in the military, so I expressed that if they left it like their commanding officer would expect them to leave base housing, there would be no issues.  They said they understood and it would be left in very good condition and cleaned extensively.  

I conducted the move-out condition report and took the move-out condition report photos.  While there was no major damage and the home was left in overall good condition, the cleaning was substandard at best.  Please see attached photos (first attachment) memorializing the condition of the unit the day they turned keys in to our office.

In their previous BBB complaint, the issue of the complaint did not inhibit their ability to cook or use the stove and was reported to our emergency after-hours call center.  It was correctly deemed to NOT be an emergency and they were told we would follow up with them on Monday, which occurred as promised (please see second attachment).  So a non-emergency issue reported on a Saturday and corrected by the following Tuesday (less than 48 business hours later; again, please see second attachment), a quick turnaround by anyone's standards.  Yet, they proceeded to file a BBB complaint.  

As with the previous BBB complaint, the current complaint is also without merit.  We were doing our job correctly and held these tenants accountable for the condition in which the property was left.

Regards,

**** ** *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB, 

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Upon our move out the condition of the rental unit was left in great condition our problem is, when we moved to the unit it was very dirty with rat droppings, blinds and floors were not cleaned. This was a transfer property from ***** *** ********** there were no before pictures ever taken and showed to us before we moved in we were to;d to do the cleaning our self and we would be reimbursed for that so we did just that this was told to us by ***** who showed us the unit and also seen the place and set rat traps in our place and our neighbors place as well. There were issues that we called in to maintenance the front door needed to be painted the issue with the bird and replacing the vent. As tenants we kept a clean place and upon the move out did extensive cleaning we do not feel that there were over 600 dollars of damage besides the normal wear and tear. We asked on many occasions for a walk through to take care of any issues before hand we were denied we have just had to many issues and not enough answers on time with this company. 

Regards,

Natalie ******

Business Response: The tenants stated that the place was dirty upon move-in.  They said they were told to clean and that they would be reimbursed by the prior management company.  Since there was no indication in their response that the reimbursement did not happen, we assume the reimbursement occurred.  However, even reimbursement didn't occur, the cleaning items listed in the move-out condition report are not the same items listed by the tenants. Therefore, they created additional cleaning items/charges based on their occupancy.  I refer all parties to this complaint to the attached move-out condition report and move-out photos taken the afternoon tenants returned keys to our office.

Regards,

**** ** *******
President
Madison Real Estate and Property Management, Inc.

8/13/2014 Problems with Product/Service | Complaint Details Unavailable
8/4/2014 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: We paid a security deposit of $1845 when we rented ***** * **** **** ******* ******* *** ***** from Madison Real Estate. We cleaned the house and had professional carpet cleaning and professional blind cleaning done. The house looked better than when we moved in. We turned the house over on May 31st, 2014 which was our last day of our lease. Madison Real Estate Sent us a letter postmarked June 12th, 2014 explaining that we would not be getting a refund and owe them $55. In the attached pages to the letter they had a breakdown of charges addressed to a different couple. They also sent us a move-out report that had various repairs or items on it with no charges of any sort on it. When I went in to the office on June 14th, 2014, the receptionist took the 2 pages that had someone else' name, address and rented address and took them back to a lady in the back. After a 8-10 minutes she came back and said the charges are actually yours we just put the wrong name and address on it. I asked her when I could expect a fully detailed statement of the charges since all but 1 charge was estimated and one repair was wrote as MISC REPAIR: Estimated $500 - To be reviewed. She responded that they would probably be around Thursday(06-19-14) the following week. On Monday June 16th I went in to the office with a demand letter for a full refund that stated they had a week to respond and 2 pages of estimated charge rebuttals. Madison Real Estate has not responded to my letter nor has given me a refund. According to RCW 59.18.280 the following statement is not being upheld. 'Within fourteen days after the termination of the rental agreement and vacation of the premises or, if the tenant abandons the premises as defined in RCW 59.18.310, within fourteen days after the landlord learns of the abandonment, the landlord shall give a full and specific statement of the basis for retaining any of the deposit together with the payment of any refund due the tenant under the terms and conditions of the rental agreement' They gave me a statement that was addressed for someone else and had 1 specific charge. The rest were estimated and to be reviewed. They also claimed there were many repairs that were needed. Most of these repairs were in fact the same as when we moved in and proven by pictures also. I also have copies of all the documents sent to us and that I have sent to them if they are needed

Desired Settlement: The business had a responsibility to give me a full and specific explanation of the charges against my security deposit within the time frame allowed. According to RCW 59.18.310 If the landlord fails to give such statement together with any refund due the tenant within the time limits specified above he or she shall be liable to the tenant for the full amount of the deposit. Now I believe they are responsible to give me a refund of my entire security deposit of $1845.

Business Response: Let me start by saying we try to be an equitable arbiter between owners and tenants.  We are not always perfect, but we strive to be fair and objective in all we do at our company.

Let me address Mr. *****'s complaints as I understand them and give our response:

1. "The house looked better than when we moved in."  I strongly disagree with this statement. The current owners bought this property as an investment.  They spend three weeks repairing and cleaning the home prior to us marketing the home for rent.  The *****'s were the first tenants to live in the home since the current owners purchased it and got it into rent-ready condition.  Attached are a few of the the 491 photos taken after the *****'s moved out. These photos are just a sampling of the condition in which the home was left, but should give clear proof the home was not left "in better condition" nor was it left in any acceptable condition at all.  The home was not clean, has massive amounts of pet hair throughout and the bathrooms had hair and residue left throughout as well.  Again, the attached photos are just a sampling, more photos are available if needed.

2. Accounting and Refund of Deposit.  It is standard industry practice, and a practice accepted by the courts, to give an initial disposition if a final accounting is not able to be produced in the 14 day time frame as outlined by RCW 59.18.280.  Additionally, the portion of RCW 59.18.280 that was not included in the complaint is the following: "The landlord is also barred in any action brought by the tenant to recover the deposit from asserting any claim or raising any defense for retaining any of the deposit unless the landlord shows that circumstances beyond the landlord's control prevented the landlord from providing the statement within the fourteen days or that the tenant abandoned the premises as defined in RCW 59.18.310."  Due to the condition the house was left in when the *****'s moved out, we were not able to complete the cleaning and repairs.  This is a situation "out of the landlord's control" and the exact reason this additional clause is part of RCW 59.18.280.  Therefore an initial disposition with estimated accounting went out withing the allowed timeframe (sent on June 12, 2014).  The fact that they came in with a "demand" letter for a full refund on June 16, 2014 is irrelevant to this process and their demand is not in accordance with the law. 

3. RCW 59.18.310.  This section of RCW Chapter 59.18 refers to Default in rent and abandonment of the premises by a tenant.  I am not quite sure why the reference was made to this section other than it is referenced in 59.18.280 in regards to tenant abandonment.  Clarification is requested.

As of this date, the tenant has only received an initial disposition.  These are estimated charges and are typically, but not always, higher than the actual charges.  However, we have to estimate figures to comply with the timeframe prescribed by law and these estimated figures are usually higher than the actual cost. Once invoices are received, charges are adjusted to reflect actual costs.  

A final disposition (full accounting) will be processed once all cleaning and repair invoices are received in our office.  Once the final accounting is completed and sent to the tenant, any disputes can be resolved through our Secondary Deposit Disposition Review process.  The tenant is welcome to contact our office to start that process if needed once the final disposition is received.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

1. "The house looked better than when we moved in."  I strongly disagree with this statement. The current owners bought this property as an investment.  They spend three weeks repairing and cleaning the home prior to us marketing the home for rent.  The *****'s were the first tenants to live in the home since the current owners purchased it and got it into rent-ready condition.  Attached are a few of the the 491 photos taken after the *****'s moved out. These photos are just a sampling of the condition in which the home was left, but should give clear proof the home was not left "in better condition" nor was it left in any acceptable condition at all.  The home was not clean, has massive amounts of pet hair throughout and the bathrooms had hair and residue left throughout as well.  Again, the attached photos are just a sampling, more photos are available if needed.

"Due to the condition the house was left in when the *****'s moved out, we were not able to complete the cleaning and repairs.  This is a situation "out of the landlord's control" and the exact reason this additional clause is part of RCW 59.18.280.  "

- When we moved in the house was not clean or in rent-ready condition. It also smelled of cat urine in the master bedroom and the stairway. This was being masked by over 5 plugin air fresheners. When the owners came to replace the dishwasher ******* even asked my wife if the house was clean when we moved in. When we moved out the house was clean and the only part of the house that was not cleaned was the little closet in the living room. We had the carpets professionally cleaned after we had already moved out of the house. It was left in an acceptable condition. There should have been no reason that, as you stated, for a company to come in and do cleaning and repairs, in a timely manner. If you had made a phone call to a cleaning company they would have been able to accomodate you within 2-3 days. There is a reason that your company doesn't allow a final walk-through as part of turning in the keys. One would only assume this would be so that you could sabotage their cleaning efforts. Where are the pictures of something that isn't a close up of hair in carpet? Where are the pictures that show there wasn't trash littered through-out the house? The house was in a condition that could have been cleaned in a couple hours by a cleaning company if needed. The house was not in a condition that you shouldn't have been able to complete the cleaning and repairs in 14 days. This claim that you are unable to have someone come in and have the house rent-ready in 14 days is bogus and was "in the landlord's control"


Regards,

****** *****

Business Response: To Whom It May Concern:

There were at least four vendors we had to coordinate with in order to get the home in rent-ready condition.  Between the time the keys were turned in on a Saturday, move-out condition photos were taken and report was written, vendors scheduled, work completed and invoices received for work completed; going beyond the 14 day timeframe was indeed reasonable.  Had the *****'s left the home in good condition, they would have easily gotten the disposition and corresponding refund back within 14 days.  This, however, was not the case.  

The statement that the home was "left in acceptable condition" is ridiculous.  The close up pictures of all the hair (pet and human) left behind is more than sufficient evidence to any reasonable person that the home was left dirty and in poor condition.   However, if the tenant would like us to provide the BBB more photos documenting the condition of the property at move-out we are happy to accommodate.  

In my previous response, I said I would provide all 490 move-out photos if needed to show the poor condition of the home at move-out.  Here is the dropbox link to view all 490 of those photos:

********************************************************************

After reviewing the photos, there should be no doubt that the property was left in an extremely unacceptable condition at move-out.

Additionally I have attached the move-out condition report to further detail my assertion that the property was left in unacceptable condition.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

We still have not received any final disposition and we are 2 months past? We also would like receipts provided for all vendors that you are saying had to be called. This still surprises me that any reasonable or respectable company couldn't complete cleaning of pet and human hair and patch a couple of minor holes in 14 days. You do have photos that a reasonable person would think are showing a cleaned house other than your close-ups of hair. You can definitely count on that we will never utilize your company for any of our future property managements and that we will never recommend or refer business to your unreasonable company. After your final disposition shows up we will decide if we have to take legal action since we are already in contact with a law firm.

Regards,

****** *****

7/16/2014 Problems with Product/Service | Complaint Details Unavailable
6/27/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: During the course of the management of my rental property, Madison has ignored some requests for information, collected and attempted to collect money that has not been authorized. **** ******* has also specifically not provided any proof of contract with myself to collect additional fees. Multiples attempts have been made at communication, and ultimately, Madison has ignored our disagreement and decided to collect money from my rental account without authorization. Madison has poorly managed my property over 3 years and continues to attempt to collect monies that are not authorized.

Desired Settlement: Full refund of monies that Madison has collected ($578.88), and to cease any additional attempts to collect unauthorized fees.

Business Response:

To Whom It May Concern:

We have repeatedly communicated with *** ***** as to the money owed to us for breaking his contract.  On December 20, 2013, *** ***** requested a copy of his contract and one was sent to him within two hours of his request (see attached Exhibit 1 that includes a copy of contract sent).  Additionally, he was confused as to the communications he had already sent in writing, so I’m assuming the lack of communication may have been an oversight on his part (see example of such in Exhibit 2).

At no time did we ignore requests for information (again, see attach e-mails referenced above) nor at any time did we collect any unauthorized money per RCW 59.18 (the Residential Landlord-Tenant Act).  The only charges he could possibly be referencing are the locksmith charges.  However, according to RCW 59.18.060 the landlord has the duty to provide adequate locks to the tenant.  That provision in the Code has been interpreted to include all locks shall be changed out after each tenancy at landlord expense.  This only makes sense from a safety and liability standpoint, as well as a legal matter.  *** ***** had hand-written a clause in his contract (tenants shall pay for lock changes) that is therefore in direct violation of RCW 59.18.060.  That clause is void due to the fact it is not legal.  Even if it had been legal, he saw the locksmith charges occur for three years and never made comment or complained until he breached his contract and discovered money was due to our company.

We have made our position clear to *** ***** on several occasions but he did not want to accept our answer.  His interpretation of the contract is incorrect yet he still is trying to argue otherwise.  We have even attempted to settle with him for a lesser amount than rightfully owed to amicably resolve the situation to no avail (see Exhibit 4 attached).

Additionally, once *** ***** cancelled the contract he realized transition to a new management company could not take place as fast as he had wanted. We graciously agreed to extend service for an additional month at time and expense to us to deliver new notices to the existing tenants.  We did this as a gesture of good faith to prevent his properties from being un-managed for a period of time.  

We have explained our position to *** ***** on several occasions and at a certain point arguing the same point repeatedly is not beneficial to anyone.  

We have been accused of poorly managing the property (I disagree), accused of lying about property visits (I provided proof of the contrary in the form of dated photos, see Exhibit 3). 

When we are wrong, we take responsibility and do what we can to make things right.  The BBB has proof of this in previous experiences with our firm.  However, in this case, *** ***** knows his arguments will not stand up in court and seems to be attempting to intimidate us through the BBB.  

Once again, I will extend the offer of settling for a lesser amount than the $900.00 still owed but will not waive the fees entirely.  A contract was breached, for which there are consequences.  I will await the complainant's response.

 

Regards,

 

**** ** *******

President

Madison Real Estate and Property Management, Inc.


Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

First, I would like to set a precedence regarding this disagreement. I have never signed any contract or agreement with Madison, which can be seen in paragraph 1 in (Exhibit 1). The contract that I had signed with the previous company exclusively excludes any parties not mentioned in the contract. As far as I was concerned, there was no contract to breach, so ending the management of the property with Madison should have been simple. There was no confusion on my part, which *** ******* condescendingly implied. I had a contract with Prodigy, not Madison. It was only later on that *** ******* began to elude that he had drafted a document to transfer all previous Prodigy contracts to Madison.

*** ******* was not being truthful when stating, "At no time did we ignore requests for information..." *** ******* explicitly denied my request for proof that there was a legal transfer of the contract to Madison, (See Exhibit 2). Based on *** *******'s unwillingness to provide proof of the contracts transfer, I gave him the benefit of the doubt by extending the timeline, per the contract with Prodigy, to 60 days notice. Despite multiple emails to explain that I wanted to fulfill the contract, *** ******* would not accept the 60 days required by the contract with Prodigy to end the agreement. I emailed multiple times that my full intent was to complete the contract in full, and he would not give a direct answer. I began to get the impression that he was trying to avoid the 60 days so that he would attempt to say that there was a breach of contract, which is exactly what happened. (See Exhibit 3)

*** ******* has been unwilling or unable to provide proof that he has any legal contract to enforce, but has still felt free to charge me based on assumptions that he is owed money. *** ******* automatically deducted the "breach of contract fee" from the properties account, and has still been trying to collect more. Even if the contract was legally transferred, his interpretation of the contract was to try to collect regardless of our disagreement, see the termination fees in (Exhibit 4). Even if the contract was legally transferred to Madison, I made every attempt to fulfill the 60 day requirement, which was not a breach of the Prodigy contract.

*** ******* was resolved to not communicate anymore because he had already collected some of the “breach of contract money” that he felt owed. *** ******* has continued to attempt to collect an additional $900, see the “End of Managment agreement fee for Feb-Aug” in (Exhibit 5). My concern is that I will never see the money that Madison collected, and that *** ******* will attempt to send me to collections based on an assumption, which will cost me additional time and money. The only resolution suggestion that I have received from Madison is that they will collect money, not that possibly they are in the wrong.

I have been to the property a few times, which is rare since I live out of town. The few times that I have visited, there have been items that should have been caught if the property was being regularly visited. One example was a futon frame that was sitting by the dumpster for quite a while, and was never mentioned to me. In addition, each of the four recent tenants said that they were treated horribly and would move if Madison wasn't replaced. There have been also several occasions where units were not rented for several months, and after discovering that all of my current tenants feel negatively toward Madison, I have a guess why my units have not stayed rented. These issues are not the root of my complaint. Since I no longer work with Madison, my one remaining concern is the disagreement of owed money.

I don't believe that Madison has always tried to make things right. First there have been 19 claims against Madison through the BBB in the last 3 years, which may or may not have been resolved. The simple quantity is disconcerting. Then there are 4 customer reviews through the BBB, which are all negative as well. Then there are more negative comments on Yelp. As far as *** *******'s assumptions regarding taking this to court, his presumptions couldn't be more wrong. First, I don't have time to devote this issue to small claims. Second, I am more concerned with making sure that a mediated solution is pursued, which Madison has ignored. Instead *** ******* has chosen just to deduct the money directly from my properties account. Also, I think that it is an absurd statement that someone would try to intimidate a company by going through the BBB. The company’s complaints speak for themselves.

In conclusion, I point to the fact that *** ******* has no proof of a viable contract, and has been unwilling to budge. I am suspicious when someone is not willing to provide proof that a contract has been transferred, but still collects money from my account. There have been no consequences for Madison, because they manage the properties account. Madison felt obliged to collect what they felt they were owed, and continue to attempt to collect an additional $900 regardless of the facts. Based on the above facts, I believe that Madison should return the money already deducted from my property's account and discontinue pursuing the additional $900.


Regards,

***** *****

Business Response: First, my apologies in not responding in a timely manner.  I have been out of the office for a week and prior to that have been dealing with some health issues.

 
Let me address the points in order:
  1. *** ***** does have a contract with us.  His management contract with Prodigy was assignable and the management contract was assigned to us through legal means as of January 1, 2010.  There was no document drafted "after the fact" and no claim of such.
  2. Yes, I am denying *** ***** access to a legal agreement between Madison and Prodigy with sensitive and personal information.  If required to produce it through the courts I will, but not until then as it will take considerable time to redact all personal and private details contained in the contract.  However, *** ***** was notified in writing by both Prodigy and Madison of the assignment of contract via letters sent prior to the January 1, 2010 transfer.  The management contract clearly states the contract is assignable.  In addition, by allowing Madison to manage his property for over four years under the terms of the management contract, I would suspect the law would consider that consent and acceptance of a contact between the parties.
  3. We agree to disagree with *** *****'s account of the termination process as he requested a copy of his management contract from us, obviously not having a copy to refer to himself.  We provided a copy of the management contract in a timely manner.
  4. *** ***** is misinterpreting the 60 day termination clause.  He believes it is 60 days at will and the contract clearly states it needs to be 60 days before the anniversary to avoid penalty.
  5. We would have gladly attempted to address the futon issue, but *** ***** would like us to charge a tenant for the futon being left at the dumpster.  Without proof of who left it, who are we to charge?
  6. *** *****'s four-plex is in a college town.  It stands to reason that he is to expect periods of vacancy in the summer.  Full attempts were always made to market and fill his vacancies.
  7. In regards to the supposed tenant complaints, it is common for tenants to "throw us under the bus" to owners.  They want to portray themselves in the best light possible and make us out to be the "bad guy." Even more so when we are dealing with younger college students who need to be held accountable and feel as though they should be able to live without rules and standards.  
  8. As far as BBB complaints are concerned, we are not perfect and openly admit to that fact.  Additionally, we work in a business in which we routinely have two parties that expect to be satisfied (tenant v. owner) and we can typically only satisfy one party.  If we didn't have some complaints, we wouldn't be doing our job for the owners we serve. 
  9. Considering we manage 480+ rental units, turn over 200+ units a year and deal with approximately 370 owners, we have had a MINIMUM of 1,250 customer interactions in a three year period, 19 complaints isn't too bad.   Out of all of those interactions, having a complaint percentage of only 1.5% is pretty good in our estimation.  Especially when you consider that we are in an extremely contentious business in which we have an obligation and legal duty to hold people accountable for their actions.
  10. *** ***** should take notice that most of our complaints are disgruntled tenants who in most cases were held accountable for damages to property.  In such cases we commonly hear "if you don't give us our money back we are going to file a complaint with the BBB, Yelp, etc."  We work for our owners and will gladly take the occasional hit to our BBB record to do the right thing for our owners, even if the claims are false and meant to be malicious.  In a few of the cases, we were in the wrong, admitted so and refunded some monies to the tenant.  However, those cases are in the minority.
  11. One more time, as I have said in every communication regarding this issue, I am willing to look at any offer to settle this matter.  However, we will not drop it completely nor will we refund money rightfully owed our company under terms *** ***** willingly agreed to by entering into the property management contract.  I encourage him to make an offer of settlement of the debt owed and begin the process of negotiating a compromise before we are forced to take further action. 
Regards,
 
**** ** *******
President
Madison Real Estate and Property Management, Inc.
 
 

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received, your complaint will be closed Administratively Resolved]

BBB,

I have reviewed the response made by the business in reference to complaint ID ******** and have determined that this does not resolve my complaint. For your reference, details of the offer I reviewed appear below.

[To assist us in bringing this matter to a close, we would like to know your view on the matter.]

Regards,
***** ***** 

**** *******,

 

I apologize for my late response. I have not been able to respond to the complaint due to family issues within the 7 days. I however wanted to let you know that the issue was not resolved.

 

My simple response to *** *******’s last post:

 

1.      He could have simply provided a copy of the legal document that transferred the ownership of the contract to Madison, and marked out any personal information of other clients. He would not provide any proof that he has a legal contract with me. It is fairly simple to hide information in a copy of a document.

2.      Why would I pay a business an arbitrary amount that I have no proof of contract. Any other business would not pay an amount to another company that would not provide legal proof of a living contract. Especially when the previous contract explicitly denies any other party from taking over the contract.

 

I do not believe someone should be paid on “Faith” that a company transferred a contract. That is foolish business practice. I am asking for simple proof that he has any right to the additional monies that he claims. I think the hesitancy to provide proof of a contract is suspect.

 

Thank you,

 

***** *****

2/19/2014 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I went in to this establishment to resolve an issue with rent payment. I had received an email from one of their employees saying that we only owed $50.24 as a final balance. Since ******* only accepts a money order or cashier check you can see my frustration when I arrived to their location and find out that we owe $150.24. As I was trying to explain to them that we cannot just keeping driving in and out of Spokane from Cheney, an employee (Who's information I have) decides to literally yell at me because I "Interrupted His Sentence." I was treated incredibly poorly and I feel that something needs to be done about this. This isn't the first time that i have been treated poorly by them and i have a plethora of emails to prove it.

Desired Settlement: An apology is acceptable but i feel that the individual who yelled at me should have some sort of consequence for their action.

Business Response:
I was the person *** ******* referred to in his complaint.  Here are the details:

1- *** ******* and his roommate were almost one month late with their rent.
2- Our office had been working with them to get the late rent resolved.
3- When *** ******* came into the office I was at the front and he was being disrespectful to one of my employees (our bookkeeper).
4- I attempted to explain the situation and was repeatedly interrupted.
5- I raised my voice in the attempt to finish a sentence without being interrupted.  It was far from yelling, however *** ******* took the opportunity to escalate his rude behavior.
6- *** ******* stormed out of the office while his roommate stayed and got things handled in a somewhat more reasonable manner.

When anyone on my team is being treated in a disrespectful manner, I will not stand by and let it happen.  My bookkeeper extended every grace and courtesy available trying to work with ** ******* and his roommate, yet she got nothing but grief for it the day he was in my office.  Should anyone treat my employees in that manner in the future, my reaction will be no different.  No apology is forthcoming, nor is one warranted. 

**** ** *******
President
Madison Real Estate and Property Management, Inc.


12/23/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: May 31st 2013 was when my lease was up with madison, before my lease was up they decided to perform yard care services on the property, without my knowledge or permission to do such work. When I confronted them about this issue I was told the bill of $65.22 was my responsibility and that I didn't perform proper yard care while living on the property. Mind you when we first starting renting this property it was very dry and had no green grass on the premises at all. Our job was to give it back green and in a much better state then we found it. May 16th was when madison took the issue of the yard into their own hands and have the yard work done. In my lease it does state that we were to perform proper yard care while living there. Which we had done once a week the yard was mowed and watered everyday, imagine that the grass grows quite quickly when its properly taken care of...Also after we had moved out and returned the keys to the property office we were told that we were done and a walk through would be scheduled and then the results would be forwarded to us. Sunday June 2nd a payment of $850 was processed by madison. I called and left a message stating I wanted a call first thing monday morning. I got that call but was told I needed to put a stop payment on the charge they put through. Called the bank who charges $30 to place a stop payment on anything. I proceeded with the stop and then called madison to inform them of the fee and that I expect them to pay it back to me since this charge was not my responsibility. I was told yes I had to pay it and that it was my job to stop the payment before it came out of my account. Which the bank told me there still would have been a charge if I stopped it prior to the 2nd. When I had told them that their website specifically says that if we move out prior to the date of payment it would be automatically cancelled the office lady insisted on arguing with me and still continued to put the blame on me.

Desired Settlement: I would like the bill of $65.22 taken offI would like the $30 stop payment charge paid back to meI would like my full $850 deposit refunded back to me for my time and also for taking it from my bank account and witholding it from me from sunday June 2nd through monday June 3rd

Business Response:

In the attempt to come to a fair and equitable resolution, let me address the issues in complaint #******* as I understand them.

1)  Yard care services- On May 13, 2013 we performed a routine drive-by of the property.  It was noticed that the lawn had not been cared for in a number of weeks.  It was also apparent that weed control had not been applied as dandelions were covering the yard.  Both items are a requirement of the lease.  In addition, we received no less than three calls this spring from a neighbor complaining that the yard was not being taken care of properly.  Therefore, we disagree with the statement that the tenant mowed every week and watered regularly (a wet spring kept some areas green, but there were many dry/dead areas at move-out).

***See photos in attached document: ************* Drive-by Photos (Dated 5/13/13)

At that point a notice to comply to lease provision should have been issued (along with a $50.00 fine for non-compliance, notice preparation and notice delivery).  Then the next step is to have the yard mowed and trimmed at tenant expense.  However, for some reason the notice never got issued and the yard was mowed and trimmed by one of our vendors at our direction.  Since the notice was not delivered, we agree that the yard care charges for mid-May should be reversed. 

However, upon move-out it was clear that the yard had not been mowed or trimmed since our vendor had performed the services in mid-May.  A sampling of the 142 photos taken at move-out is attached.

***See photos in attached document: ************* Move-Out Photos (Dated 6/4/13)

Resolution: We offered to remove the charge to the tenant for the mid-May service or to not charge for the mowing and trimming required at move-out.

2) Rent payment processing- Keys to the home were turned over to us late in the afternoon on the 31st of May, a Friday.  Automatic payment processing is stopped once a move-out is processed.  When keys are turned in late on a Friday afternoon, and the following day (a Saturday) is the first of the month, it is not reasonable to expect the move-out to be processed into the system prior to Monday.

Resolution: We have offered to reimburse the tenant the $30.00 stop-payment fee as a sign of good faith.

3) Return of Full Deposit- While there was some inconvenience on the part of the tenant; we feel that requesting the full deposit to be returned on those grounds is unreasonable.  While we like to return the full deposit as often as possible, that is determined by the condition of the unit at move-out.  In this case unfortunately, the home and yard were not left in good condition.  Additionally, the back door was left wide open and the tenant is fortunate there was no damage or theft done at the property.  A sampling of the 142 photos taken at move-out is attached.

***See photos in attached document: ************* Move-Out Photos (Dated 6/4/13)

Resolution:  If there are any funds remaining after cleaning and repairs to the property, funds will be refunded to the tenant.

 

Regards,

**** ** ******** President

Madison Real Estate and Property Management, Inc.

 

 

Consumer Response: In the last complaint with madison they had agreed to the balance of $297.54, I then sent back that I would like a charge that had to do with a towel bar removed since there weren't any pictures indicating the damage was done while I was living there. They agreed to give a good faith benefit and remove that charge ($41.31) which left my total owing balance $256.23. I recieved an invoice in the mail that said I owed $545.60 the invoice also showed that two late fees were attatched for failure to make a payment arrangement. I then sent an email to madison showing the corrections that we agreed upon through the bbb complaint. I also stated how it wasn't right for them to charge me two late fees because I didn't make an arrangement with them when the total owing amount was in dispute.  I have yet to recieve a response and that email was sent september 27th.

All I ask for is an up to date Invoice showing I owe $175.03

Amount madison settled on prior to removing towel bar charge ($297.54)
Minus the $41.31 for towel bar equals $256.23, then minus $81.20 for the late fees equals $175.03 total owing balance.

Business Response: Re: ****** *******/***** (**** ** ********)

We agree to remove the $41.31 for the towel bar and will split the late fees.  This brings the total owed to $215.63 ($297.54 - $41.31- $40.60 = $215.63).

Tenant agrees to pay $25 per month towards balance due the 5th of each month or first business day thereafter.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Thank you for responding. Thank you also for sending me an invoice. 

 
However I don't feel like the second late fee is my responsibility,  when that late fee was charged we had not yet come to an agreement on a payment plan or even my total balance since we were disputing it through the bbb. Since there wasn't a date agreed upon for my initial payment then I don't know how I could be late. If I have misunderstood then I would be willing to hear a justified reason as to why I might be responsible for late fee number two.
 
Also in the contract it states I owe interest, this is a bill I owe for services provided post move out, my job is to pay you the amount those services cost you. I dont understand how interest can be accured on a bill for services. Please go over the contract I have attached and explain to me how the $19.42 interest was determined in the first place, and how the 8 payments of $200.00 and the 9th payment of $8.63 adds up to the total you claim I owe of $215.63. If I have some how misunderstood i would be willing to hear a justified explaintion of these issues I have addressed above.
 
Please revise your contract showing I owe $175.03 without late fees and please also make sure everything adds up interest free and makes sense. 
 
One more thing, the contract states that I must pay by certified check, this will cost me at least $5 to send a $25 check each month for 8 months totalling about $40 untill my balance of $175.03 is paid. The options can be I come in with a personal check each month to the office and obtain a receipt each time or I get a credit of $40 to cover these additional fees it would cost me to satisfy the contracts instructions.
 
I am again requesting my invoice to be updated to satisfy what I actually owe. Invoice states I owe $215.63 so without the second late fee its actually (215.63-40.60=175.03). I hope to also get a new contract where there is not any interest fees. If I recieve that I will sign it and make my first payment that day. However if the numbers don't match and the total isn't something I agree on I will send it back and ask you to redo it again.
 
I would appreciate my mail being sent to my correct address as follows
 
**** * **********
******* ** *****
 
This is to ensure I get my mail on time.
Regards,

****** *****

Business Response: Our last response was our final response.  We apologize if the complainant is not satisfied, however, we are through going back-and-forth on this matter.  We have been more than fair and reasonable considering the condition of the property and the yard at move-out.

Regards,

**** *. *******
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I am willing to pay what I need to pay... however please review the contract you sent me, none of it adds up and it is inconsistant with what we've agreed upon.

Regards,

****** *****




11/13/2013 Problems with Product/Service | Complaint Details Unavailable
11/7/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I began renting a house through the management company Madison Real Estate in September 2011. Most recently I had a rental agreement which expired in May 2013. In April 2013 Madison sent me a letter informing me that my lease would be expiring at the end of May 2013 and that I needed to contact them to discuss lease options. They also informed me of a $20.00 a month increase in rent effective June 1, 2013. On April 29th I hand delivered a letter to Madison explaining that myself and my husband were looking to purchase a home and would like to go month to month. I received a notice in June informing me that the owner wanted to come to the house and do a walk thru/inspection. The owner asked me if I was planning to buy a house and I confirmed that we were starting to look. She told **** from Madison that her and I had been in contact. On July 18th 2013 I received a phone call from Tyler at Madison requesting a time to arrange a showing. I was confused about the phone call and contacted the owner. Madison told the owner that I had contacted Madison telling them that I found a home to purchase and intended to vacate at the end of July 2013. I called Madison and spoke with ******* as well as followed up with an email. ******* told me that they mailed me a letter in May telling me that they don't do month to month and expected me to vacate at the end of July 2013 and they listed the house I am renting as 'available'. The lease that I have discusses occupancy following the end of the lease. Page 5 section 10. I did not provide notice to Madison that I would be vacating. I did not receive a letter from Madison regarding the fact that they dont do month to month. I am not able to move at the end of July 2013. the only offer that Madison gave me was to sign a lease through spring 2014 or move. Along with 'requiring' that I only ccommunicate with them and cease communication with the owner. The owner previously welcomed my communication and encouraged it as I was looking out for their best interest.

Desired Settlement: The lease I had discusses short term and month to month following occupancy after the lease term expires. I was not notified until July 18th that Madison now states they don't do month to month. I already live there and requested a short term extension. I am requesting to continue to occupy the property for a maximum of 90 days. I am working with a realtor now and will be making an offer in the next week or so. It is not feasible to sign a lease for 8 or 9 months when I will be buying a home.

Business Response: An extension was granted to Ms. ****** and her husband with the expectation that they would purchase a home and be moved out of the property during prime rental season (May through August).  We are now rapidly approaching August and no such purchase has been made.  Even if a purchase and sale agreement were to be signed into today, closing on the home would not happen in an acceptable time frame.

We have a legal and ethical obligation to work in the best interests of the owners of the properties we manage.  To go past August with an open-ended month-to-month lease, possibly leaving the home vacant during non-peak rental season,  would do financial harm harm to our client, the owner of the property.  The tenant has had at least three months that we are aware of to identify and purchase a property.  That is more than adequate time and we feel we have worked with them by allowing them to go month-to-month for this long.  Allowing a tenant to remain in a property on a month-to-month basis is something we rarely do and only do as a favor to good tenants who are in situations similar to the ******'s.

However, to protect our client (the owner of the property) and manage their home in a responsible manner, we can no longer continue on a month-to-month basis.  It is our legal right, and our duty to the owner, to procure a lease with the current tenants or locate a new tenant during the best time of the year.  With the owner in full agreement, we are requiring the tenants to sign into a new lease through next May or vacate the premises by August 31, 2013.  If no new lease is signed by August 5, 2013 we will begin showing the home to prospective tenants per RCW 59.18.150.

We are sorry that the situation is less than ideal for the tenant.  We have gone above and beyond our normal protocol to help them in their purchase a home, whether they realize it or not.  Sadly, instead of being recognized for extending a courtesy and having the ******'s communicate directly with me on this issue, I am responding tho this BBB complaint.  Again, we are doing what is within our legal and ethical rights as well as what is prudent for our client.  I would like to be able to help the ******'s further and would be more than happy to have them stay in the home as they have been excellent tenants.  Unfortunately, the terms outlined above (or similar terms) will not change for the reasons stated above.

Respectfully submitted,

**** *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: [To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

 

Neither ***** nor I were provided anything to let us know there was an extension. There was no email, letter, or phone call notifying us that Madison did not allow month to month or short term extension especially since the verbiage is in the lease which I have attached. Madison was not truthful to the owners when they told the owners that I found a house to buy and gave notice to Madison that we would be moving by the end of July 2013 or during “prime rental season”.  Neither my husband, nor I ever gave any such notice to Madison and there is no proof of this.  I did try to communicate with Madison which **** did respond to an email leaving me no option to extend.  I also have attached the email for reference. I was informed on July 18, 2013 that I was expected to vacate by July 31st. I have now received a letter from Madison stating ‘2nd rent increase and renewal notice’. I am to contact their office on or before August 10th to sign a new lease. If they don’t hear from me, they will make the assumption that I am terminating my lease and will be charged 35.00 for them to place a sign in the yard. Why would I be charged for their marketing? That is not stipulated in the lease I have. Since being notified on July 18th of the situation, I have found a house to purchase and the closing date is September 10, 2013. If I am able to get moved into the new house that week I should be moved out by September 18 2013, but hopefully before.  I will pay a prorated amount for September 2013 and I will abide by the terms in my expired lease. I too am disappointed in the failure to communicate on behalf of Madison. I have consulted with an attorney as to my rights and the move out process. I would like to think that I will not be hassled upon vacating and will receive my $1,650.00 deposit in full.   I will be providing notice to Madison prior to August 10th as my legal obligation.



Regards,

**** ******

Business Response:

First, let me begin with apologies for the delay in my response.  I had health issues that required a hospital stay and quite a bit of time recuperating at home.  It is our busiest time of year, so the amount of work to catch up on when I returned was substantial.  Therefore, I was not able to respond as quickly as I had hoped.

Let me address the issues in the response to our response in order:

1. We communicate in writing when prudent or required and in accordance with all legal statutes.  The tenant has a responsibility to inquire and communicate regularly with management when requesting an exception or special condition as in this case.

2. We were completely truthful as the statement communicated to us was that the tenants were purchasing a house.  Not that they were looking or in the process.  We could have (and should have) asked for clarification, but based on the way it was communicated to us, we were not untruthful.

3. The tenant asked for an extension and was granted an extension until 7/31/13.  This was communicated via phone and recorded in our property management software notes by ******* ***** in our office on 4/11/13 at 9:54 AM: "Approved for 2 month extension through 7/31/13."  Therefore, we moved forward with the understanding the tenants would be out of the home by July 31, 2013 or would be signing a new lease.

3. The $35.00 sign charge is if the tenants decide to sign a new lease and do not vacate.  This is for our time, gas and labor.

4. We have issued a 20 Day Vacate Notice to the tenants and that stipulated they are to be out of the home by August 31, 2013.  Any days the tenants remain in the home after August 31, 2013 will be considered a holdover tenancy or tenancy at sufferance.

5. We are glad to hear the tenant has consulted with legal counsel regarding their rights and responsibilities. We would encourage the tenant and their counsel to refer to the Revised Code of Washington (RCW) Title 59, Chapter 59.18 for all matters relating to landlord-tenant law in the State of Washington.

6. The deposit will be handled in the same manner as it is with all of our properties when a tenant vacates. 

 

We regret this matter has escalated to a matter involving the Better Business Bureau.  While we agree communication should have been better on both sides, we were only doing our job.  It may have seemed unpleasant to the tenant (and we regret that), but we have an obligation to work in the best interests of the owners of the properties we manage.  We also must give notices and communications in specific ways, with specific language and within specific time frames. 

Additionally, just because a certain legal, ethical and beneficial action on behalf of our owners may inconvenience a tenant doesn’t mean it is wrong, bad business or should be punished.  Owners of properties have rights and when those rights are exercised, and not in violation of any tenant rights, there should be no issue or complaint.

Unfortunately, the legally prescribed way of doing things may seem harsh or unfriendly at times.  However, that does not excuse us from doing the job we were hired to perform and have a duty to carry out on behalf of our property owners.  However, we cannot harm the owner in the attempt to acquiesce to tenant requests or wishes.  We are in no way trying to make things difficult for the tenants. We are simply doing our job and hope to end the relationship with the tenants amicably. 

 

Respectfully submitted,

**** *. *******

President

Madison Real Estate and Property Management, Inc.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.
I am rejecting this response as it is untruthful.

**** addresses the first item #3 This statement is false -  He states there was communication via phone and it was recorded on April 11th at 9:54am. The letter we initially received was dated April 18th and we delivered our request in writing to Madison on April 29th. How is it possible to have a 'recorded phone conversation' with someone who didn't even know at that point we would be looking to purchase a home or ask for an extension? Not to mention the fact that on July 18th after I spoke with Kirsten at Madison and followed up with an email recapping our conversation, she stated that a letter was mailed to us in May communicating that Madison did not do month to month leases or extensions. I have attached the original letter from Madison prompting us to request the month to month. I have also included in the attachment the email recapping the conversation with Kirsten about the letter Madison states they mailed in May.

Item #3 (b) - **** states that the 35.00 sign charge is if the tenants decide to sign a new lease and do not vacate? So I would be charged to stay? I think he meant to say I would be charged to move... In any case within the lease on page 5 section 9 it does mention the placement of a sign, but no charge associated with the placement of the sign.

Item #4 - **** states they issued us a 20 day vacate notice which stipulated we be out of the home by August 31, 2013. Where is that letter? We never received that letter either. I however did provide Madison with a notice to vacate on our behalf with the closing date of our home noted as well as the date we should be out by which would be September 15th barring no complications or delays. I have attached that for reference.

Then to add insult to injury on August 11, 2013 I happen to look on the website for Madison and see that they have charged me with a late fee for August rent.  I left a message that night and spoke with a gal the next day. She told me that my payment must have been reversed and sent back by the bank I told her I have proof that it cleared on July 26th. She said I didn't need to send proof and she thought she knew what happened as they probably had a system glitch. That did get resolved. That screen shot is also attached.

This whole ordeal has caused myself and my family such emotional distress. Not wanting to believe that a company can be so willing to lie and continue to lie to try to cover up that they are at fault. Initially when I found out on July 18th that I was expected to move by July 31st I was in shock and disbelief. The thought of being homeless or evicted was very traumatic. I have inquired to see if the closing date could possibly be sooner. If it is, trust me I will be out of the rental and put this horrible experience behind me. I will not turn over the keys however without doing a walk through first. Madison has not been truthful in responses to this complaint, nor were they truthful previously. Rather they attempted to intimidate me. I do not want to be liable for any charges which is why I will be present on the walk through and when it's over they may have the keys.

I wanted to have a peaceful experience of finding a home of my own to purchase.

Regards,

**** ******




Business Response: First, let me say that we would have liked to have had a nice, pleasant experience as well.  As always, that was our intent clearly demonstrated by our actions from the beginning.

We graciously extended the ******'s lease by 60 days. We did not have to do that but were trying to be accommodating to the purchase of their new home.  However, once that time period elapsed, we either needed them to leave the property in order to secure a new tenant or sign a new lease.  They acted as if this was offensive to them and that we should allow as much time as necessary… regardless of any negative impact to the property owner or management company.

We then asked them to leave by August 31, 2013.  They did not.  Then they did not pay their full rent in September, only a portion of it.  Then instead of turning in the keys when they said they would (in writing), they demanded two days of rent back before handing over the keys (rent that they owed according to the law).  We had already secured another tenant, but going out two extra days would have jeopardized that tenancy.  I informed them that they were tenants at sufferance and if they did not turn in the keys as
promised and we did in fact lose the tenant we would (lawfully) hold them accountable for any monetary damages to the owner.  They turned in the keys the following morning.

I really would have liked the ******s to come to us first.  Instead of trying to communicate with us, they went to the BBB and also filed a complaint with the Attorney General's
office.  Instead of trying to resolve this matter with us their first move was to file complaints with third parties.

The tenants are only considering themselves and seem to want a tremendous amount of sympathy.  They fail to consider the harm they are doing to others and the negative effects of their actions.  They caused a large amount of stress for the owner of the property who needs to have rental income in order to make their house payments.  By going into the fall before vacating the property, they could very well have caused the owner to miss out on a timely tenant placement as well as reduced rent.  Thankfully for the ******'s, that situation was avoided.  On my end, I not only have had to spend time responding to a BBB complaint, I had to spend extra hours away from my family to quickly get a move-out report done and get a property rent-ready in less than 24 hours because the ******'s did not honor their commitment.  I now also have to take time away from my family this evening to respond to the Attorney General's office.  So forgive me, but my sympathy for the ******'s is non-existent at this point.

This is a situation in which a mountain was made out of a molehill and caused undue grief for many parties other than the tenants.  The amazing thing to me is that we started out trying to go above and beyond to be helpful and gracious to the ******s only to have them attack my company.

To add insult to injury, the house was left filthy, covered in pet hair and dog feces spread all over the back yard.  Please see attached photos (the photos attached are only a small sampling of the 439 photos taken of areas that needed to be cleaned of dirt, grime, hair, urine, feces, etc).


Regards,


**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

No communication was ever provided stating that we were extended 60 days from the end of our lease. That is the whole reason I submitted this complaint in the first place. **** has not provided proof of a letter showing we were sent a letter. Instead in his response prior to this last one, he lied again and said he has a recorded message on April 11th stating there was verbal communication. Once I notified Madison Property Management at the beginning of August that we did make an offer on a home and had a closing date, we still never received any documentation from Madison. There was no letter, email, or phone call stating we now had until August 31 to move out.

I have rented houses and apartments for 20+ years and have never had such a horrible experience moving. My lease ended May 31st, 2013 at that point I was not obligated by law to pay for any time the house was vacant. Because I gave notice at the beginning of August, I was by law required to pay for the entire month of August. By law, I am not obligated to pay for the entire month of September nor anything further in the event that the house was not rented. Therefore I paid a pro-rated amount for September to allow us time to move and clean after we closed on our home that we purchased. I paid the prorated amount through September 20th. I have attached email correspondence from September 18th and no where in it does it show me 'demanding' the two prorated days back. If they have a tenant that would be paying for September 20th, they can't have two people paying for the same time of occupancy.

I went to **** first for a resolution. As provided previously, he gave me nothing and continued with his lie about me being notified. I had no other option than to open a complaint. I am not looking for sympathy, I am looking for honesty and justice.

The house was not able to be cleaned as I would have preferred because not only from the email I received telling me I had to have the keys and be completely out by 5pm, I received a threatening voicemail from **** himself. I left work to attempt to have the remaining items removed by 5pm. I was unable to meet this deadline and when I left the house a little after 5pm and returned about 45 minutes later, there was a 3 day notice to vacate left on the door. I was vacating... Because I was threatened, I did not have time to vacuum or clean as I would have liked. However, the house was cleaner when I moved out than when I moved in. I have pictures of dead bugs, dirty blinds, dirty vents, dishwasher, refrig, etc. There may have been a few dog piles that needed to be picked up. Again, I was threatened and told I was living there illegally and did not have opportunity to do so. The yard was dead in the spring due to Madison's neglect in getting the water pipe outside fixed. It was at that point I came into communication with the owner and sent her pictures of their dead lawn. The lawn was much improved since that point in late May when the water pipe was actually fixed.

It seems as though **** has chosen to take advantage of a situation and retaliate. Typically when people behave in this manner it is because they are guilty. I have taken time away from my family as well to deal with this very stressful matter. I never expected any sympathy from **** as he showed early on he had none.


Regards,

**** ******

Business Response:
I am truly sorry the ******'s feel like they had a bad experience.  From our perspective, this was a bad experience as well.

Ultimately everyone achieved their desired result.  We did not lose the tenant we had secured because of a delayed move-out and the Bailey's were allowed to stay in the rental unit beyond their contract period in order to find and purchase a home.

Since there is no specific action requested, and in the interest of time, we would like to consider this matter closed.  If this response is unacceptable, I am happy to provide a lengthy, detailed response. 

Please advise if further details are requested.  Otherwise, we are ready to move on and put this matter behind us.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.


Consumer Response:

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed Administratively Resolved]

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I am sure that **** ******* would like nothing more to have this complaint resolved and have nothing further to do with me. I personally would like the same. However, **** has never provided proof to my initial complaint nor acknowledged it. He was untruthful on several occasions. **** ******* continued to refer to me as a tenant at sufferance. A tenant at sufferance is one where a landlord can evict you without giving you any written notice that they want you out. I am guessing since **** ******* on behalf of Madison Real Estate did not notify us in writing ANY time of ANY notification, he decided to consider us tenants at sufferance. After receiving ****'s threatening phone call on September 18th, I removed the remaining belongings from the rental house. So ****'s intimidating voicemail worked for the purposes he intended them to.

However, I have since learned that I was not a tenant at sufferance, rather I was a tenant at will. The law says you are a tenant at will if your written lease has ended or "expired", you have not signed a new lease, AND your landlord continues to accept rent at the beginning of the month without objecting or writing on your rent check "for use and occupancy only". Had I known that prior to being threatened, I would have made sure the rental was cleaned as this was my original plan.

The deposit refund notice I received shows that I am being charged 616.72 and will forfeit my deposit of 1,650.00. Based on the lies within the check out list and the lies that **** has told throughout the past couple of months, my estimate is different. I was threatened and bullied into a situation which was unavoidable. Had I been provided the opportunity to clean the house I expect that I should receive $1,089.12 of my deposit back. All blinds were cleaned except two sets. All light fixtures were cleaned, curtains cleaned, oven was cleaned using the self cleaning method, and main bathroom upstairs was cleaned. One of the pictures that **** provided appeared to be long black human hair which nobody in the house had long black hair.

The notice also states that our lease end date was to be January 31, 2014. Our lease ended May 31, 2013.

I was seeking guidance from the bible and read this passage from the book of Nahum "The world also has laws - boundaries and rules for living established by God. but men and women regularly flaunt these regulations, hiding their infractions or overpowering others and declaring that might makes right. God calls this sin - willful disobedience, rebellion against his control, or apathy. And at times it seems as though the violators succeed - no whistles blown, no fouls are called, and individual dictators rule. The truth is, however, that ultimately justice will be served in the world. God will settle all accounts"

Regards,

**** ******

10/21/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: In November 2012 I had to contact the management company because my kitchen sink wouldn't drain. Following that request they sent out a plumber to have it repaired; it was a simple hair clog. Nothing was mentioned to me by the management company either through my lease or when they were contacted about the repair about me as the tenant being responsible for the charges. Within days of the service, I received a bill from the management company for the service of the plumber. I contacted them by e-mail when I received the bill asking why I was being charged when it was not in my lease that I would have to pay for basic maintenance on the property and after reading through the Landlord Tenant Act I was still stumped as to why I was being charged for an everyday repair that was not caused by misuse of the property. I got the runaround and very little communication from them for several weeks following the dispute and in the end was told "Please find the attached portion of your lease as to: Repairs & Precautions: "Repair and plumbing costs due to misuse of toilets or drains will be charged to the resident"Failure to maintain drain system of hair in which it builds up is not misuse but not maintaining the property."After that communication from them I tried several more times to get a straight answer because according to the landlord tenant laws, the landlord is responsible for maintenance of the property unless the tenant misused the facility and the statement I received from them admitted that I did not misuse the property. I got nowhere.Shortly after the first clog was taken care of my bathroom flooded; black water in the tub, grey water in the toilet and the sink. Once again, I called them to come fix the problem. Once again they hired a plumber, and once again I was charged for the subsequent fees. I was told by the plumber that it was tree roots but my bill from Madison stated feminine products so I was being charged. Total bill to date $213.33.

Desired Settlement: I ask the same here as I asked them February 5th 2013. Cease and desist the harassment regarding the plumbing and remove the unfounded charges. Also, stop using my rent monies to cover the repair so that you may claim I am continuously behind on my rent.

Business Response: We require the tenant to maintain the property.  Part of normal maintenance is clearing clogged drains from materials put down the drain by the tenant.  Hair and feminine products both fall under that definition in our opinion.  See attached invoices.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

As a business operating within the state of Washington you are required to adhere to the state laws and regulations that govern your entity. I agree that the clogs fall under the definition of normal maintenance; however, by requiring the tenant to pay for charges associated with normal maintenance you are in direct violation of the Landlord Tenant Act.  The Landlord Tenant Act clearly and unequivocally states in Landlord - Duties - 59.18.060 (7) Maintain all electrical, plumbing, heating, and other facilities and appliances supplied by him or her in reasonably good working order. http://****.***.**.***/***/*******.****?*****************.*************  Also, the Landlord Tenant Act provides remedies in 59.18.100 Landlord's Failure To Carry Out Duties, etc for the tenant to effect remedies on their own with a written estimate if the landlord does not properly perform their duties and gives the tenant the right to deduct said amount from their rent payment. 

This is not a double edged sword. You as the "Landlord" are responsible for maintenance of the property and all that that entails with the only exclusion being if I as the "tenant" misuse the property or facilities.
 
Regards,

******** ******

Business Response:
We are well-versed in the Washington Residential State Landlord Tenant Act (RLTA), RCW 59.18.  We have over 80 years of combined property management experience among our brokers and are actively involved each year in Olympia as changes to RCW 59.18 are proposed and implemented.

The home at **** *. ****** **. was provided to the tenants with plumbing in working order.  The tenant's hair was the cause of the clog and the tenant is responsible for all remedies to correct issues caused by the tenant (i.e. hair, grease, toys, etc).  Per our lease and within full legal rights (see RCW 59.18.130), the tenant is financially responsible to correct all tenant-caused damage or disrepair (including plumbing).  Please see lease page attached with tenant's initials at the bottom acknowledging and agreeing to such.

RCW 59.18.060 (7) does not relieve the tenant of responsibility for tenant caused actions.  Case law has determined that the landlord is responsible to maintain items to a reasonable standard, but does not in any way relieve tenants of responsibility for their actions or issues created by tenants.  Should the clog been because of roots, a collapsed sewer pipe or any other reason not controllable by the tenants, then the landlord would be responsible.  This, however, is not the case.

Additionally, since the problem is tenant-caused, there is no "Failure of Landlord to Carry Out Duties" as stated in RCW 59.18.100.  Any attempt to withhold funds will result in the lawful procedures to collect rent, collect monies owed and/or terminate tenancy.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.




Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Unfortunately, that is NOT the lease that was in effect at the time the charges were initiated. The lease that was in effect at the time states "repair and plumbing costs due to misuse of toilets or drains will be charged to the tenant" and nothing further. See attached lease portion. I have a statement from your company saying it was NOT misuse of the property but normal maintenance.  You cannot claim that it was both "fault" AND "normal maintenance" at the same time. You cannot claim I am not fulfilling my obligations based on my lease because my lease at the time was very clear. And any legal action resulting from your assertions may be construed as violation of RCW 59.18.240. In this instance I am asserting my rights as a tenant and you are attempting to inhibit those rights to suit your wishes. 

 
Additionally, if your company is so convinced that I owe the funds, why was it not taken out of my damage deposit from my original lease when I signed the new lease? And, the statement you just responded with FINALLY answers the question I asked your company when this entire thing began which was to the effect of please tell me where in my lease or the Landlord Tenant Act it states that I am responsible for these charges and I will happily remit payment. Now that you have informed me that under my NEW lease I must remit payment (which is where the case law has been determined - contractual) but, you still cannot and have not established that I am responsible under my previous lease that was active at the time the repairs occurred, I am standing my ground and asserting my rights that neither the Landlord Tenant Act NOR my lease assert that I am responsible for those charges.
 
I will happily move out of the property at the end of my lease to avoid being bullied by your company any further.

Regards,

******** ******

9/30/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I have been trying to sell my house with this Madison and *** ********* refuses to list my property, he pulled the listing without notifying me 200+ days ago and wont return any correspondences regarding this issue. They have the contract for this property to rent it. I was trying to cancel that agreement so I can go somewhere else, I have been trying to get a copy of my agreement for the cancellation by the time anyone returned my emails I was a week to late to cancel my contract and now I am stuck for another year, and he still refuses to answer my question about why he will not list this property for sale.

Desired Settlement: I do not want the contract to be renewed this October because I am not being represented by this company

Business Response:
The original listing sale agreement was from 7/6/12 until 12/30/12.  There was an extension of the listing agreement and the extension expired on 5/1/13.  The home has not been on the market for sale through our company since 5/1/13. 

We did procure and place a tenant in the property as of 1/22/12.  That tenant has paid on time each month and we have now secured them in a lease through 7/31/14.

Given our successful management efforts, I would disagree that we are not representing Mr. ********* well.  However, if Mr. ********* would like to cancel his management contract he is welcome to do so at any time.  We would encourage him to contact our office and we can begin that process immediately if he so desires.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

I have made several attempts to contact Madison Real Estate. All of these attempts have gone unanswered making this situation more difficult. At no point was I notified the house had been taken off the market. *** ********* was aware that the house was too be listed for sale, as I was told by *** that he is the only person that can list this property how can I sell a house if they wont list it or let any other realtor list it. As of right now I no longer feel that Madison has my best interest mind and I do not trust them to re-list my property. I respectfully request that you relinquish management of my property and do not be renew my contract this coming October 2013. I would also like the tenants that currently occupy my property to be allowed to keep there current lease contract as I do not wish to displace them during this process.


Regards,

****** *********




Business Response:

As stated in our original response, Mr. ********* is wel***e to have his property back at any time.  Cancellation of contract is to be in writing per the contract.  To cancel the contract,  a notice of cancellation should be sent to BOTH of the following e-mail addresses: *******@**************.***; ****@**************.***.  The cancellation e-mail should include the name of the owner, the address of the property and the date of requested cancellation.  The cancellation process will take thirty (30) days after the stated cancellation date at which point Mr. Dickinson will receive a copy of all tenant documentation, a check for the tenant security deposit and any remaining keys to the property.

Once the property is released, the tenants and their rental contract stay in force through the end of the term per Washington State law.  At the end of their current rental agreement new terms may be negotiated or they can be asked to vacate the property.

Regards,

**** *. *******
President
Madison Real Estate and Property Management, Inc.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

As I have never received a copy of my contract with Madison I am requesting a copy of that contract. Everything sounds good so far about canceling the contract but I want to make sure there are no hidden surprises.
Regards,

****** *********

9/4/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: Below is a certified letter I sent to ** ********* 5/11/13. The reply to that letter indicated they would respond with final accounting within 30 days of receipt, 5/13/13:My property at **** ** ***** ******* was managed by ** ********* Management & Company **** ** ******* ******* starting January 2001. Last summer, your company transitioned to merge with other management companies to form Madison Real Estate. Tenants ****** and ****** ******** occupied my property from 1/25/08 to 7/31/12. In May, 2012, I called your office advising of my plans to take back residence of my property at the conclusion of the current renter's contract, July 31, 2012, and terminate my property management contract with your company. On June 6, 2012, I sent a brief letter to your office confirming that conversation. Nearing the end of July 2012, I received a call from you advising the renters were in arrears on rent and your office was preparing eviction paperwork. I was also told the renters had vacated and that there was substantial damage to the residence. You described some of the damage, commenting that I will want to replace a lot of the upstairs carpeting. You indicated you were mailing me a CD containing pictures of the damages. On August 4, 2012, I went to Spokane. I and my 2 sons spent a full week cleaning, painting, repairing, and replacing as much as we could in 1 week. During that week, I contacted your office requesting the ******** $650.00 damage deposit monies to assist with those costs. Later that day you returned my call advising you were going to submit damages to small claims court and indicated releasing the deposit funds to me at that time might jeopardize that effort. You requested an itemized list of the condition of the house in support of that claim. You informed me small claims court action cannot exceed $4,000.00. I told you to restore that amount of damage could easily exceed $6,000.00, that I didnt have those resources, and any monies would be helpful. On September 2, 2012, I sent you a detailed list of tasks completed during that week, receipts, tasks remaining to show the extent of the negligent damages to the property, and a conservative estimate of my financial losses. In the middle of September 2012, I received a $392.26 bill from the **** ** ******* for outstanding utilities the renters had accrued over several months. I contacted the **** ** ******* advising that I had not been aware of those overdue charges and paid the bill immediately to avoid action against me. I was informed the monthly billing statements had been submitted to your office as well as the tenant. As I was responsible for that delinquent bill, I contacted your office to inform that I had received it and expressed my concern of not being notified of it by your office. I was asked if I had anything else to declare as your office was still preparing the documentation to pursue losses in small claims court. I indicated there was nothing else I was aware of. In the middle of October 2012, I contacted your office and asked the status of the small claims action, closing of the tenants contract, and the closing of my property management contract with your company. I was told your office had been very busy with the office merger, but they were currently working on these and that in the next 24 to 48 hours the paperwork would be finished. I was told I would receive a copy immediately. In December and January I was again told your office was still in the process of preparing the documentation. In February 2013, I received a Collection Notice for $24.76 owed ******, Spokane. I contacted ****** and was told your office had received the monthly past due billings and the final billing statement. The bill was not paid and no contact had been made so in December 2012, the bill was turned over to collection. I paid the bill and again called your office to express my frustration of not being kept informed by your company. My last contact youre your office was March 14, 2013, when I called and ask why I hadnt received the damage deposit monies or any of the requested documentation and express my dissatisfaction regarding all of this. I was told your office was still working on the documents for small claims court and they didnt realize the damage deposit had not been deposited to my account. As of the date of this letter, I have not received the CD of pictures, the damage deposit monies, or documentation of your office pursuing legal action against the tenants, closure of the contract with the tenants, or closure of my property management contract with your company. I am at a loss to understand the duration of this situation, the absence of follow through by your company, and apparent disregard of a clients credit standing. I have no knowledge of the status or outcome of these contractual and financial concerns. In an effort to resolve this situation and relieve the uncertainty, I make the following requests. Within one day of receipt of this letter, please post a $650.00 damage deposit check to me. Within one week of receipt of this letter, please provide the CD, a total accounting for and verification of a comprehensive small claims court action, a total accounting of the ******** contract closure, and a total accounting of the closure of my property management contract with your company or provide an explanation why these actions have not been completed. I request all responses be in writing and all of the above mailed to the address below.

Desired Settlement: I request Madison Real Estate and Property Management prepare and file on my behalf a comprehensive small claims court action for the ******** damages to my rental property and their office be responsible for all costs associated with filing that claim and their office provide to me verification of the filed claim. I request a total accounting of the ******** rental contract closure and a total accounting of the closure of my property management contract with Madison Real Estate and Property Management. I request the $650.00 damage deposit still in their possession and the interest accrued on those monies since August 2012.

Business Response: First, I would like to express my apologies to Ms. ******* for the delay in responding to her requests.

On the request of the $650 damage deposit, those funds will be disbursed to Ms. ******* by end of business today.  The tenant owed back rent beyond the deposit amount and the deposit monies can be used to offset that debt owed by the tenant.

In regards to the request of filing a small claims action, we are waiting for a legal determination as to whether or not we can file a small claims case since we are no longer the management company for the property.  If we can, we are happy to pursue the case and pay the related filing costs as soon as we are able to get receipts for the materials.  If we are unable to legally file a small claims case, we are still willing to pay the filing costs.  In either case, we need receipts for the costs involved with the clean up and restoration of the property prior to filing.  Additionally, Ms. ******* must be willing to appear in court to testify as she handled the clean up and restoration of the property. 

If Ms. ******* is unable to appear in court and testify, we are able to pursue this matter through the collections process.

Lastly, once we receive a copy of all receipts for costs involved with the work done at her property, we will get out a final accounting within 14 days.

**** *******
Madison Real Estate and Property Management, Inc.




Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

Thank you for forwarding the Madison Real Estate "Message From Business".  I have concerns with their response, starting with the apology for the delay in responding to my requests.


The tenants in question vacated the rental property one year ago this month.  Madison is just now disbursing the $650 damage deposit with no response to my request for interest accrued since August 2012.  To suggest the $650 could be used to offset the months of back rent owed by the tenants falls short of the mark considering the total loss of monies.

They claim they would file a small claims case.  That's been the case since the first week of August 2012.  They indicate they no longer manage the property and await legal determination.  There has been no response to my repeated requests for documentation on the closing of my property management contract with them.  After this amount of time I do not know the closing date of that contract so I don't know if that is a reasonable statement.

They claim they would be happy to pursue some course of action as soon as they receive receipts for materials.  I sent receipts and a comprehensive damage report on September 2, 2012.  They indicate they are willing to pay filing costs.  I requested they be responsible for all costs associated with filing that claim because I have no experience with such an action and never received information from them on what to plan for financially or otherwise.

Madison's letter dated May 15, 2013, indicated I would have a final accounting of my requests within 30 days.  On June 25, 2013, I sent Madison a letter summing up the situation and informed them I was pursuing other options.  Now they claim if they could receive the information I already sent them on September 2, 2012, they will produce a final accounting in 14 days.

I have continued to request closing documentation of the tenants' contract for a comprehensive final accounting.

Five years ago I had a similar experience with then ** ********* Management in which they claimed to be preparing documentation to file a claim against that renter.  Similar situation, months behind in rent and utilities.  Damages to the property were so extensive the house wouldn't rent for almost a year.  Maintaining 2 houses and trying to make repairs to the rental house, my funds were depleted.  I was one month short of having to let it go back to the bank when it finally rented at a much reduced rate.

Currently, I have health problems causing me to pursue early retirement.  Testify in court now would be difficult.  I am making plans to move back to Spokane by the end of this year.

I have attached several documents to support my situation.  Please let me know if there is anything else needed. 

Thank you.

Business Response: In response to the complainants response:

  1. I offered an apology as I am sincerely sorry this occurred.  I am not sure what to say beyond that.
  2. Accrued market interest interest for one year at the highest CD I was able to find was at 1.05% (a rate far above interest in a bank account) and that would amount to $6.83 in interest on $650.00.  If she is looking for a $10 check, I would be happy to send that to her.
  3. I did not indicate $650 would cover three months back rent.  I only indicated we were able to release funds based on the rental amount owing.
  4. We still do not have receipts for materials.  We already have the letter and utility invoices that were attached to the complaint response and of course have back rent on file, but not invoices for materials. 
  5. On filing a small claims action, we still do not have all information needed to move forward.  See #4 above.
  6. On receiving a final accounting, we are not able to produce that until we have all receipts for materials.  See #4 above.
  7. If Ms. ******* does not want to include materials in the accounting for what the tenant owes, and gets us a statement in writing to that effect, we can send out final accounting within 7 days.
  8. Since Ms. ******* handled the majority of the work referenced in the document she attached to the complaint, any court action would require her testimony.  That is not a stipulation on our part, just a reality of the justice system.  So again, filing a small claims action at  this point would not make sense until she is able to appear in court to testify in person.

Once again, my apologies for the situation.  If I could go back and change things I would.  Moving forward I am happy to do anything within reason to resolve this situation.

Regards,

 

**** *******

Madison Real Estate and Property Management, Inc.

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID *******, and have determined that this does not resolve my complaint.  For your reference, details of the offer I reviewed appear below.

First, I want Mr. ******* to know I accept his apology over this matter.  I felt he was not the one who should have to apologize.  He was not involved in my dealings with ** ********* and because of his current position, now has to assume the responsibility of resolving the issues.  I apologize to him for my frustration and lack of trust, and thank him for his patience and willingness to work with me. 

I requested interest on the $650 out of principle.  I drop that request.  As stated before, there was a lot of damage to my property and I would make repairs as money was available.  Due to health issues, I have not been able to get to Spokane this year to continue work on the house.  It has been my intent to avoid labor costs that could be applied to materials by doing the work myself.  I have saved enough to replace the carpeting, which is being scheduled now.  I am in receipt of the $650 which will be applied to materials.  I have not had the money to quickly make the repairs, so do not yet have receipts for all the work that will be completed.  *********'s 8/5/12 Inspection Report came to approximately $3500.  That included cleaning, labor, and hauling debris, which I noted in my 9/2/12 assessment, but did not plan to claim.   I have been seeking the back rent, back utilities, and material costs so I can afford to bring the property back to the condition in which it was rented.  

I wish this would have been pursued last year when I was physically able to travel to appear in court.  I feel I am between a rock and a hard place.  I am compelled to seek an early retirement and will be moved back to Spokane by the end of this year.  So some questions to Mr. *******:

1. Has his legal department determined his company may pursue my claim in court

2. Would a itemized list of materials, to include future necessary purchases, be acceptable

3. Does statute of limitations allow us to pursue court action on this after I have returned to Spokane

4. And will he make a committment to personally work with me to this end if I chose to close my BBB claim

Respectfully

***** *******

Business Response:

First, let me begin with apologies for the delay in my response.  I had health issues that required a hospital stay and quite a bit of time recuperating at home.  It is our busiest time of year, so the amount of work to catch up on when I returned was substantial and I was not able to respond as quickly as I had hoped.

I appreciate Ms. *******’s response and again extend my apologies for her situation.  Here are the responses to her response:

1. We cannot pursue court action on any matter for a property no longer under our management.  We can turn over any unpaid balances owed to us under our management duration for collections.  I am happy to assist Ms. ******* gather information needed to pursue a court action or we can turn the account over to collections.

2. We can only charge tenants on actual work done.  Estimates on future work have no legal standing, only actual amounts paid are able to be considered.  An itemized list of actual expenses is acceptable only if it includes the receipts as proof of work done.

3. I do not know the answer to this question. 

4. Yes.

 

Respectfully submitted,

**** ** *******

President

Madison Real Estate and Property Management, Inc.

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9598125, and find that this resolution is satisfactory to me.  I have had to retire earlier than planned and will be moving back to Spokane in September.  I will contact Madison Real Estate and speak with Mr. ******* by phone in the near future to further discuss a plan.  Thank you for your assistance.

Regards,


***** *******

3/22/2013 Problems with Product/Service | Read Complaint Details
X

Additional Notes

Complaint: To whom it may concern we have had birds coming in our house coming through the vent in the kitchen over the stove. This has been a problem for three days I cant cook for my family because things are dropping from the vent from over the stove and falling into our pots that could possibly make us sick. I have called the maintence emergency line and this is not considered an emergency. Our only option to keep the birds out are entering the house is taping the vent and keeping the fan ruuning which causes them to make more noise and peck on the wall.

Desired Settlement: replacment of the vent and the fan that now makes a loud noise probably due to the birds pecking on it.

Business Response: Re: Complaint #9458203

This issue was called in to our after hours emergency line over the weekend.  This was deemed a non-emergency (we consider emergencies those events that are of threat to life, health or potential damage to the building and/or contents).  The protocol is that non-emergencies are handled the next business day.  As you will see from the work order attached, this issue was scheduled promptly to be dealt with the next business day (Monday). 

Our standard is what a reasonable person would do in this situation.  The determination in this type of case is that a reasonable person would wait until normal, weekday business hours for an inconvenience rather pay overtime/after hours charges on the weekend.  While we have the obligation to provide quality housing and make prompt repairs, we also have the duty to be good stewards with our client's money. 

It is a balance and while we understand the tenant's frustration, steps were already taken to correct the issue prior to them filing this complaint.

**** ** *******
President
Madison Real Estate and Property Management, Inc.

3/6/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Madison Real Estate & Property Management Inc. has withheld my entire $895.00 security deposit from a rental home that I moved out of on August 1st 2012. I received a letter detailing charges that are erroneous on August 20th- 20 days after I moved out. Charges were $300 for estimated Inland Power, which was paid off. $350.00 for lawn care for a country "lawn" which we left in much better condition than when I moved in, with green grass, flowers, weeded and up kept landscaping. $250.00 Estimated general cleaning- the home was left as clean if not cleaner than when I moved in. We talked to Madison Real Estate several times during our move out, since it was a unique situation- the home supposedly being sold. We were never told that we would have to submit any record of payment to Inland Power. We were given notice of the sale on July 3rd, but **** from Madison Real Estate asked for the keys on the 26th of July because he had a contractor that wanted to start working and the "new owners" wanted to do a walk through on the next day. **** told us via email several times that we would get our security deposit back due to the inconvenient nature of our move out. A Madison Real Estate employee sent us the wrong security deposit on Friday August 17th- this opens up security and privacy issues for me because I assume someone mistakenly received our letter as well.

Desired Settlement: I would like our full deposit released to us within 5 days.

2/26/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I rented from madison prop. mgmt for six months. The night we moved in my roommate was assaulted by the neighbor in the duplex attached to ours. He broke her nose. They then vandilized my vehicle. I gave "****" who runs madison mgmt the police report number and photos of the damage. He did nothing. refused to do a property inspection, even though the neighbors were vandilizing the unit they resided in. Kicking the walls, screaming and constant threats toward my daughter and myself. This is besides the fact that the unit i rented, was broke into the night before we moved in. It was missing the bathroom window and had several holes in the wall. They patched the holes, however never painted. None of the windows locked, including the "new" window that had to be put in for the bathroom.(due to the break in) The maintanance informed me upon installation of this new window, that it "didnt lock, and i had better find a stick to put in it" Madison refused all my calls, and refused to return my calls. I toughed it out, staying the six months, and then when i tried to move **** REFUSED to give me a rental reference. This caused me to spend money on application fees, just to in the end be denied. I then received a 275.00 "estimate" for the carpet cleaning after i vacated. Not only were the carpets not cleaned prior to move in, but they had bleach stains and iron marks. i reqested an actual bill. I still have been unable to get any answers. They refuse to send me an actual bill, or accept any of my calls. To this date, i still have no idea if i owe a balance, because i cannot get a response.DO NOT RENT FROM MADISON PROPERTY MANAGEMENT

Desired Settlement: ALL carpet fees waived. Madison Prop. Mgmt exceeded the 14 day period in which they had to charge me, or return my security deposit. I have received nothing from Madison Property Management.

2/26/2013 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: I viewed a property located at **** ***** ******* **** ********** managed by Madison Real Estate and Property Management of Spokane. I filled out a rental application and paid $40.00 for it to be processed on October 19,2012. I was notified by by ******* on Monday October 22, 2012 that I would have to have a co signer. My parents filled out and sent an application on October 25, 2012 and paid $40.00 for the processing fee. I was told by *** who is a broker in the office, to hold this property while my parents application was being processed that we would have to pay $1050.00 by cashier check. We overnight on Friday October 26, 2012, one in the amount of $0.00 for the application fee and one in the amount of $1050 to hold the house and put me in first position while my parents application was being processed. I was approved with my parents willing to cosign. My parents were sent the rental agreement via email from ******* on Saturday October 27, 2012 at 1:13pm and were instructed via email that they needed to initial and sign where the high lighted areas were and faxed back to ******* by 2pm that same day. My parents waited until I came home from Spokane on Saturday October 27, 2012 so we could go over the rental application together. After reading it, calling about utilities as well as a very distinct urine smell in the house, I made the choice not to proceed forward with the rental. I called Madison Property Management on Monday October 29, 2012 and spoke with ******* first, who then transferred me to *******. I explained to her that I would not be taking the house, gave her the reason why and she told me that I would forfeit the deposit that my parents sent to put me in first position as we waited for the application process to be completed with my parents information I told ******* that I did not agree to forfeit the deposit, she placed me on hold at that time. The next person that I spoke with was ***. *** told me that I

Desired Settlement: I want my deposit of $1050.00 returned to me

2/25/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: Madison Real Estate and Management, Inc. has refused to address the issue of over billing for services not rendered. Madison continues to avoid communication regarding this matter. Madison has now escalated to threatening letters which did not contain an enclosed statement addressing the grounds for such a threatening letter. This matter concerns a $53.00 over charge for a yard waste bin. The yard waste bin was removed at my request in August 2012, and I continue to be billed for the bin at $13.38 per month. Communication with Spokane County Waste Management and ISTA billing out of Florida, has resulted in information that Madison is responsible for accurate reporting of billable charges for residents of Panorama Homeowners Association and has failed to do so. A $53.00 credit was returned to Madison but not credited to me as the homeowner. The billing continues and Madison is in breach of contract as a representative management company for the Panorama HOA.

Desired Settlement: I would like to be reimbursed the $53.00 owed and to have continued billing of services not rendered stopped.

Business Response: ****,
There was some confusion on this one as the last name given (*******) is different than the name on here HOA account and on her utility account (************).
Once the connection was made, we researched the billing record (see attached).  She was charged for two additional months, September 2012 and October 2012, past her request for removal of the yard waste bin.  Monthly charge was $13.38.  We have requested that our third-party billing service credit her account $26.76 for those two months worth of charges (see attached).
Regards,


 **** ** *******, RMP®
President
Managing Broker

Consumer Response: Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ******** and find that this resolution is satisfactory to me. 

Regards,


******* *******



2/20/2013 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: A friend and I applied on their website for a place to live, they took my (our) $80 ($40 each) and have not given us an answer as to whether we even passed the application process. I've called them several times and have been told that they still haven't processed out application. We completed the application on July 6th and the money was taken out of my account the following week.

Desired Settlement: We would love our $80 returned.

Business Response: Joel,
No one in the office can reconstruct this scenario.  That time frame was less than two months into our merger and things were hectic and very busy to say the least.  While we can't verify the accuracy of this complaint, we do realize that given the circumstance it very well could have happened.  In the interest of being fair and realizing this situation could have happened, we will refund $40 to Mindy Pinkerman and $40 to Jessica Borgan at the address listed on the complaint.  A scan of the envelope and checks are attached and they will go out in the mail on 2/19/13.
Please indicate resolved and not refunded as we still had to pay the costs for the screening report and labor involved (and in this case the report was generated and we were charged for it).  It is not a standard practice to refund application fees except in circumstances in which a screening report was never generated and we are not charged.
 
Regards,


_______________________________________________________
**** ** *******, RMP®
President
Managing Broker

Consumer Response:

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID 9141101, and find that this resolution is satisfactory to me. 

Regards, 


***** *********




9/13/2012 Billing/Collection Issues | Read Complaint Details
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Additional Notes

Complaint: My husband and I recieved a letter on August 13, 2012 a three day notice to pay rent or vacate on or before August 17, 2012. The problem is that our payment is made through the automatic system and it has been posted to our account that it has been paid. I have called every day since the 13th of August and no one can seem to give me an anwser or I keep getting the I will call you back. My biggest problem is that their was a notice on my front door in bright red tape and I have called everyday if not two to three times a day. Im just trying to get some clarification and a understanding of why there was a notice on my door and no one can tell me the reaason why. I just would like some real anwsers thats on time and not be given the run around when as residents we do everything that we are suppose to do pay the rent on time keep the yard done and etc.

Desired Settlement: Nothing but an apology if there is an issues made by Madison Real Estate.

Business Response: MADISON
Real Estate and
Real Estate and A] Property Management, inc.
Phone: ###-###-#### Fax: ###-###-#### E-Mail: Info@MadisonSpokane.com Website: www.MadisonSpokane.com
*** ** ********** **** ***** ***7 • Spokane, WA 99201
August 29, 2012
**** ******** 152 South Jefferson Street Suite 200
Spokane, WA 99201-4352
###-###-####
RE: Case# ID 9183419 ******* ****** ******
Dear ****:
This letter is in reply to your letter of August 22, 2012. A copy is enclosed for your reference.
I have also enclosed a copy of the accounting for *******. Her rent is current. We made an error in sending her a 3-Day Notice and offer our apologies for the stress she may have experienced.
******* pays her rent in two payments monthly. Out of approximately 600 accounts she is the only one we allow to make split monthly payments. That is part of what caused the problem as we recently combined three different accounting systems from three different property management companies.
However as a result of auditing *******'s account history we did confirm that she is delinquent in making her security deposit payments. A copy of that payment plan is also enclosed for your reference. ******* owes $275.00 for the May payment and $275.00 for the June Payment. I have discussed this with her and she is checking her records to see if they coincide with ours.
Should you have any additional questions and or concerns please contact me personally.
/Baker, CLU, CFP
*****
Cc: ******* N. ******
MLS
National Association of Residential Property Managers

8/1/2012 Problems with Product/Service | Read Complaint Details
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Additional Notes

Complaint: My friends and I applied for rental housing through R.W. Dickerson. Having to pay a 40$ application fee on June 14, 2012 we were all told we would know by the June 19th. After June 19th passed we all had been been calling down and their answer was "we don't know yet we will call you back later today." Every single day never getting a call back. By the time it had been over a week it became obvious that my 3 friends and I were being discriminated against because of our age. Finally June 23rd came and they called one of my friends and told them we didn't get it because of our dogs. Even though we had talked to the owner of the home who said they didn't care and there was nothing posted on the website about not allowing pets. They didn't even give us the option to tell them we could leave our dogs at our parents house. There is no reason that we didn't qualify because of money. The house is 975$ a month and all four us wanting to move in make over a grand a month. *******'s business was completely unprofessional and still has yet to call me or any of my other roomates about their decision(other than the one they did call). The entire week that they were deciding the never contacted is and there was always a new excuse why we didn't get an answer. I have read multiple reviews online about other individuals reviving the same or worse treatment. Also while we were being shown the house we applied for the real estate agent **** kept describing things as "retarded" in front of the home owners two children. I should have known after hearing and seeing this that this company was completely unprofessional.

Desired Settlement: My roomates and I all want our 40$ back because if we would have known they didn't allow dogs WE WOULD HAVE NEVER APPLIED! That was just an excuse for them to use age discrimination.

Business Response:
MADISON REAL ESTATE & PROPERTY MANAGEMENT INC.*** ** ********** **** ***** **** SPOKANE, WA 9920###-###-####
July 19,2012
Better Business Bureau
152 S. Jefferson Street, Suite 200
Spokane, WA 99201
RE: SERVICE ISSUES- NO DETAIL PROVIDED- RESPONSE TO LETTER OF COMPLAINT AND
WANTING THE RETURN OF A "NON-FUNDABLE " APPLICATION FEE
To Whom It May Concern:
Our office has received and reviewed a Complaint Data ID# 9098459 downloaded on 6/25/12 as received through odrcomplaint.bbb.org. Please find enclosed our response along with back up information.
****** ******, **** ********, ***** ********, & ****** ****** submitted signed applications for consideration of the rental at **** ** ******, Spokane, WA. Per the application, there is a $40.00 CASH Non-Refundable Application Fee per adult unless a married couple then one fee for the couple. Our office received four individual cash applications fees at $40.00 per application totaling $160.00 cash.
The second page to the Rental Application is the Requirements, Criteria for Application Approval, Definitions, and Qualifying Criteria that each applicant is recommended to review and base their decision from. Please note, "If applicants do not meet our minimum requirements and extenuating circumstances exist, the applicants may be approved, at the Management Company’s sole discretion". If denied, the Property Manager has the right to change the requirements in offering the option of a co-signer to apply, but after reviewing the 2 application(s), this was not offered as an option.
This denial was not due to, as (persons named above) states: filed application fee(s) on June 14, 2012 "we were told we would know by the June 19th. After June 19th passed we all had been calling down and their answer was "we don’t know yet we will call you back later today... .By the time it had been over a week it became obvious that my 3 friends and I were being discriminated against because of our age. Finally June 23rd. came and they called one of my friends and told them we didn’t get it because of our dogs. Even though we had talked to the owner of the home who said they didn’t care and there was nothing posted on the website about not allowing pets. They didn’t even give us the option to tell them we could leave our dogs at our parent’s house. There is no reason that we didn’t qualify because of money. The house is $975.00 a month and all four us wanting to move in make over a grand a month. So the business was completely unprofessional and still has yet to call me or any of my other roommates about their decision (other than the one they did call). The entire week that they were deciding the never contacted is and there was always a new excuse why we didn’t get an answer.. .Also while we were being shown the house we applied for the real estate agent Zack kept describing things as "retarded" in front of the home owner’s two children". Once an application is received, we re-lay that on average it takes 2-3 days to process an application and depending on when verification is received back (in this case) four separate persons, depends on how long an application process may take.
As the Property Manager, I reviewed ****** ******, **** ********, ***** ********, and ****** *******’s applications based on a Qualifications Rating Schedule where INCOME/EMPLOYMENT (40%), RENTAL REFERENCE (30%), CREDIT HISTORY (20%), and CRIMINAL RECORD (10%). Each application is weighed individually and then as an average of the whole. Total score has to be greater than 50 individually and as an overall. Either way, ****** ******, **** ********, ***** ********, and ****** *******’s’ applications
were denied. Their application was denied in part to credit report, (2) non-service animals, and not enough points.
If the application does not meet the minimum requirements, then they are not approved. As a Property Management Company we represent the owner and have the best interest of the owners in that decision process.
In conclusion, ****** ******, **** ********, ***** ********, and ****** ******* application’s were reviewed and did not meet the minimum requirements. As the Designated Broker I called & spoke with ****** ****** on 6/23/12 offered property with no dogs and a co-signer. He cussed me out and said they would not do the rental without the dogs.
Back up has been included for your review: Copy of Letter of Complaint, and Application to Rent.
If you have any further questions please call the office at ###-###-#### or you can address them in writing.
Cordially,
Designated Broker CRS, GRI (R.W. Dickerson Mgmt. & Co., Inc.)
owner
Enclosures