Property manager failed to repair a number of things, some that couldve been hazardous to my children. Property manager also was abusive verbally
Property manager stated fence would be replaced before I moved in. 3 years later and fence was never repaired or replaced. This fence has blown over multiple times during monsoon storms and has nails sticking out which is hazardous to myself and my young children. I've rented this house for three years and it's never been fixed. Also, roof to porch is caving in and a major danger to myself and children and has gotten worse and worse the last year especially. Is still not fixed. There's a hole in my children's bedroom wall created by a plumbing repair to adjoining bathroom. I left multiple messages which *****, the property manager, states she never received. There have still been no plans to fix these problems. ***** was verbally abusive to me over the phone and I've never done business with someone so rude and petty. Have rented my whole adult life (12 years and 6 different properties) and have always left homes in good condition and received my full security deposit back. My lease isn't up until September 30, yet ***** is already threatening to keep security deposit over cheap damaged blinds and weeding that needs to be done in yard, even after telling her that I have plans (and have in past) to replace blinds and weed yard before move out date. Her unprofessionallism and verbal abuse is astounding. The condition of porch and fence is a safety hazard and she's had 3 years to fix and it's still not done. I would never use Gina's Property Management in the future and will advice anyone I know not to.
I want one months rent for each year I lived there paid back to me ($975 monthly x 3 years = $2,925) for failure to fix things properly while I've lived here. I also want the landlord to be notified of my complaint against ***** and the company they are using. I also want to ensure that hole in wall, porch roof, and fence are fixed prior to anyone else living there. I Also believe ***** should be fired and I'd like this report to be given to someone above her position (if anyone), although she's always told me that she's the only one there, which is very convenient for her. I also believe she needs to have a website or email where renters can request repairs because she claims she's never gotten the multiple voicemails I left regarding things that needed repaired. Although, she was aware of fence before I ever moved in and had promised me would be replaced (3 years later and still not replaced and is now a major safety issue).
The tenant and her two children moved into the property in Sep 2012. I'll mail you a copy of her lease. Her deposit is equal to one month's rent, and $300.00 of the deposit is non-refundable used for cleaning and carpet cleaning when she vacates provided there's no tenant caused damage. We discussed and signed the lease at the property. It's disclosed in the lease that I'm the Designated Broker. I told her that I have a dedicated maintenance number for tenants to phone in repairs. My email address is also on my business card, my website and is available to tenants. Tenants also call in repairs on my main number, which is what this tenant did on several occasions.
The property was in good condition when she moved in. The carpet and paint were only two years old, new mini blinds throughout, sliding glass door screens were relatively new, and the yard and house had been professionally cleaned.
The fence that the tenant is referring to is the common fence. I did not promise her that it would be replaced as I don't have the authority to do so. I said that I would get an estimate for replacement for both property owners to consider. On Sep 24, I received an estimate for the 81' fence. I sent the estimate to my client who approved the cost providing the other owner approved the estimate and would agree to pay half. I sent a copy of the estimate to the neighbor's address, and put a copy of the letter underneath their gate. I received no response. I do have a picture of the fence, which was taken prior to her move in. I'll mail the picture to you and you'll see that the fence is leaning for a few feet after the first patio post and the rest appears fine.
During her tenancy, I have sent contractors to the property to complete nine different repairs. These repairs included three plumbing repairs, HVAC, replaced refrigerator, repaired molding on garage door, termite treatment and trimmed trees. We have also reimbursed her for a pest control service.
On Aug 2, I received an email from my client stating that she wanted to sell the property, and another agent would call me for an appt to see the property. On Aug 3, I left a message for the tenant letting her know that the owner would be selling the property, and that the agent wanted to walk through the house to try and assess what needs to be done. The tenant called and we talked about the situation. She talked about possibly staying in the property until it was sold and even purchasing the house with her family's help. I did let her know that according to Statute, I would need to send her a 30 day notice by Sep 1, 2015 to vacate by Sep 30, 2015. I made an appt with the agent and the tenant to view the property at 4:00 pm, Aug 5, 2015.
On Aug 5, I met the agent and tenant at the property. It wasn't until I arrived that I found a hole in the drywall in the bedroom that the plumber made in order to access the tub in the bathroom. The bed was pushed up against the wall covering the hole. The vinyl around the tub was coming up, which is due to water getting on the floor from the tub. She claimed that she called about the hole, which I didn't receive. We talked about replacing the fence and I explained to her that while my client had agreed, I never heard back from the other property owner. I noticed that the mini blinds were bent and broken, and she said she would replace them. When we went into the garage, I noticed that the garage door was slightly open. I asked her if there was a problem with it, and she then tells me that it opens but doesn't close. She hadn't reported this. I said I would have the garage door co. call her. It was also apparent that the roof either needed to be repaired or replaced, yet not reported.
After talking with my client, I left the tenant a message stating that I would be giving her notice to vacate at the end of Sep because the house would be too difficult for the agent to stage. We needed to get started on the repairs.
On Aug 7, I requested a roof opinion and estimate for repair. I received an email saying they could be at the property on Aug 13. I called the tenant and left a message that they would be there and it's normally early. If it can't be repaired then it would be sent to a roofer for a new roof estimate. On Aug 13, I received an email saying it needed a new roof. On Aug 18, I received one estimate from the other agent and then Sep 2, I received the second estimate.
On Aug 19, I received a call from the owner of the neighboring property who heard that my client may be selling the house and he wanted to know if she would share the cost of a new adjoining fence. I told him that she would probably share the cost. I told him that I got an estimate from a fence co. three years ago, and mailed it to his address and dropped off a copy under the gate, but received no response. He wanted to get another estimate. To date, I've heard nothing back.
On Aug 20, the tenant called and found another house to rent, but she would need to move out by Sep 1. She asked if we would be willing to allow her to vacate without the required 30-day notice, and not charge her a penalty. I asked her if the garage door company had contacted her, and she said they had. They had asked her to check a couple of things, but it didn't work. I told her to call them back and schedule an appointment for the repair. I emailed my client and she agreed not to require the 30-day notice. I called the tenant back and left the message that there would be no penalty.
On Aug 27, the tenant called saying another landlord would be calling me wanting information regarding her tenancy and authorizing the release of her information. I asked her if she would still be vacating on Sep 1, and she said no that she had found another house. I called the other landlord around 7:30 in the evening.
On Aug 29, I mailed the tenant the required 30 day notice to vacate the property not later than Sep 30, 2015.
On Sep 1, I received a call from the tenant and spoke to her at length. Apparently she had received the 30-day notice because she sounded upset that she would need to vacate by Sep 30, 2015. She said a roofer had shown up to get an estimate without calling. He rang the bell at the gated entry. I explained that sometimes they run late as this is a busy time of year for them. She started talking about the repair of the fence and hole in the wall again. I went back over what we had already talked about. I told her that I had received a call about a week ago from the neighboring owner and he was interested in replacing the adjoining fence, but he was getting another estimate. I did tell her that $300.00 of her deposit is non-refundable used for cleaning and carpet cleaning. She would also be responsible for the damaged blinds and any other tenant caused damage. She implied that because she's lived there three years that it should be excused. She said the mini blinds cost $5.00 maybe $6.00 or $7.00 due to inflation. I did tell her that the blinds cost much more than $5.00, but she does have the option to replace them herself. This would negate the use of a contractor. I also reminded her to clean up the yard. She said we could use a weed-whacker and it should be covered in the non-refundable portion of her deposit. She said that I was being rude and petty, which I assumed was regarding the weeds and blinds. I didn't tell her that she wouldn't be receiving any of her deposit back. I did tell her that the house needs to be in similar condition as when she moved in except for any fair wear and tear. I explained that if needed I would give her a 48 hr written notice if a repair had to be done. She said she that she does not want anyone on the property until she moves out.
On Sep 3, I called the garage door co. and the tenant still has not called them for an appointment to repair the door.
Finally, at no time have I ever been verbally abusive to her. I certainly would not be in business for 26 years if this was the way problems were handled. She has had close to two months to find another property and vacate. I have spoken to her several times during her tenancy regarding repairs and late rents and at no time did she ask when we were going to repair the hole in the drywall. I received no other complaints during her tenancy until it was time to vacate. As for the fence, I don't have the authority to replace a common fence without the consent of both property owners. I respond to calls and emails in a timely manner as can be witnessed by the information in this response. My client and I have worked with her when her rent was late nine times, including this month. Since repairs were made when reported, under no circumstances is she entitled to, nor will she receive any money. Her deposit will be accounted for in accordance with AZ Statutes and mailed to her not later than Oct 21, 2015, and that's providing she's vacates on Sep
(The consumer indicated he/she DID NOT accept the response from the business.)
Lies, Lies and more lies. First of all, I haven't received the notice to move out end of Sept via mail so you can't say I'm apparently upset about that. Also, when I called to speak with you I had already signed a lease to move into another property Sept 30 (I can provide BBB with a copy of that signed lease which was signed before the phone call ***** is referring to took place, so there would be no reason for me to be upset about that. As far as blinds, I never said blinds should be excused. NEVER. I said you had no right to make a big deal about cheap blinds when I had almost two months to replace blinds before moving out (at the time you and realtor went through property). I agreed to allow this walkthrough of my own free will which shows cooperation, but also saw it as opportunity for me to point out what was needing fixed. You keep claiming I didn't notify you of hole in wall and porch caving in but I left multiple messages via your line and maintenance line. As far as roof: I'm not a roofer nor do I get on top of the house so not sure how you expect me to notify you of damage I'm not aware of, but it is common sense that a house that is 30+ years old might need a new roof. The items you sent maintenance to fix were all simple, easy to fix, inexpensive non time consuming problems. I can only imagine that is why you claim to have not gotten messages of the things that were in need of more extensive repair. Also, repairing a fence doesn't necessitate a huge expense. Safety should have been a concern and at least making sure nails weren't sticking out, etc. Mailing an estimate at beginning and end of my lease doesn't do anything to fix the problem for the three years I'm living there. And ***** did in fact say that the owner had plans to fix fence before I moved in. I didn't expect or need a brand new fence, but when you say it's being taken care of and three years later the fence is in horrific condition having blown over multiple times in mine and my neighbors yard during monsoons that we had to repair by wrapping wire to help hold it up and rusty nails are sticking out is UNACCEPTABLE. In fact, if my child had stepped on one of those rusty nails, landlord and management company would be liable in a court of law. ***** is "petty", in that, after 3 years of renting and being cooperative with realtor coming into my home, etc, she has the gall to make a huge deal out of cheap blinds being bent (I can mail pictures) and went so far as to compare myself and my house to her house and how she has lived in hers for 30 years and her blinds aren't bent. Really?! My kids were 2 and 3 when we moved in 3 years ago, I'm a single mom, work full time, and recently had a major injury requiring surgery. I think that if blinds and weeds are the major issue of a house and I have two months to correct before an official walkthrough of property needs to take place, then a humane person would let it go. Not *****! I want the landlord to be notified of my complaint against ***** and her lack of doing ALL repairs that needed to be done. Doing some repairs does not justify not doing other repairs that are a danger to myself and children. And what upsets me the most, is after ***** did a walkthrough with a realtor and I pointed out the major porch top and fence damage and drywall damage created by plumbers, she sent maintenance people over to fix other things, none of them being the major problems I pointed out to her that she saw with her own eyes. So, after having been so cooperative with her, and her seeing with her own eyes the danger of the fence and porch roof, she continues to be petty about blinds but doesn't seem to care about mine or my children's safety. Ridiculous! Being late on rent is not in any way related to my complaint, but again shows how petty she is. If she was that concerned about being late on rent she could have not renenwed my lease, but no, I've lived there 3 years and was late 9 times and never more than a month late. I also paid late fees when asked to. I've never had any issues with landlords in the past, nor have I not been given back my full security deposit, nor have I reported any business to BBB until now
Final Business Response
In response to the tenant's reply of 9/4/15, the 30 day notice to vacate the property was mailed to the tenant on August 29, 2015. It was mailed regular mail and certified return receipt. I have already received the envelope back that was mailed regular mail and it's stamped by the post office "return to sender attempted not known." I have not received the receipt back from the post office on the notice that was mailed certified return receipt. This should take at least another week. If the postal carrier is unable to deliver the envelope it will be held at the post office for a certain period of time. If the tenant refuses to pick it up they will send me the receipt back indicating that it was refused. It has been held in court that the tenant has been noticed even if she refuses to pick it up. She is expected to vacate not later than September 30, 2015. When I received her September rent on Sep 8, 2015, I noticed that the address printed on her check was an address on ** ****** in Oro Valley.
Regarding the blinds, again mini blinds are not cheap and they were new when the tenant moved in. It wasn't until Aug 15, 2015 that I saw the slats on the blinds bent and broken at which time the tenant told the agent and myself that they would be replaced. As far as the common fence the estimate was received on Sep 24, 2012 for $3,378.00 from ***** ***** Co. My client approved the estimate, but I received no response from the other property owner. I cannot replace a common fence without the approval of both owners. The fence was not in a hazardous condition when the tenant moved in as can be seen by the picture. If the fence blew down anytime during the tenant's tenancy she did not call it in, and I would find it unlikely that she would have put an 81 foot section of fence back up. Also, I never received a call from the tenant regarding the hole in the drywall. This would have been a minor repair.
I indicated that the tenant's rent had been late nine times including September 2015, in an effort to show that I had spoken to her on many occasions throughout her tenancy and not one time did she mention a problem. It wasn't until she was told that the house was being sold, and even then she was considering possibly staying or perhaps buying the property. I will email you a hand written note, which the tenant sent me in December 2014 regarding her late rent and explanation as to why she hasn't returned my calls. As you can see from the note, there is no mention of any problems at the property.
Finally, in this complaint the tenant has made defamatory statements, which could be potentially libelous. As demonstrated, I've spoken to her on many occasions throughout her tenancy regarding rent or other repairs, and at no time did she report a problem with the drywall. I would have had the drywall repaired had I known about it. I did not have the authority to replace a common fence without the consent of both property owners, and to do so would have been illegal. In trying to work with her I have waived her $75.00 late fee on eight separate occasions including this month's rent, which was received Sep 8, 2015, but any property damage caused by the tenant will be deducted from her security deposit less fair wear and tear. To do any less would breach my fiduciary with my client. This is accordance with AZ Statutes and her lease agreement, which she signed. If she has any money coming back from her security deposit it will be mailed to her not later than Oct 21, 2015, but she will receive no money in addition to this.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
There is no foul play here *****. Yes I'm angry with you and here's why: I welcomed you into my home of my own free will. Upon looking at the property with the realtor you began to demean me about things I consider petty (such as cheap blindsI will save the receipt and leave on the counter upon vacating), and weeds in the yard. This meeting occurred two months prior to your proposed plan of my vacating, plenty of time for me to take care of them before a final inspection. Other than that, every other problem with the property is old age (property was built in 1980's). You also called me a liar in front of another professional (the realtor) when she asked why the fence and porch roof was in such bad shape and doesn't your maintenance company repair things like that and I said that I had been told fence would be replaced 3 years ago before moving in and left messages about the porch roof (which I'm not going to debate furtherI know that I left at least two messages but if you didn't get them or refuse to admit getting them then there's nothing I can do about it now as it was a verbal message and not in writing). That being said, I don't lie and take pride in my reputation and my honesty, so you acting the way you did that day really struck a cord with me, and honestly offended me that you would treat me as such. Then you had the nerve to insult me about not reporting a roof problem that I was not aware of and still to this day do not know what's wrong with the roof as I have not been told. But regardless, I never had leaks in the house, I have never in three years gotten on top of the roof, and the way the house is built I cannot see the roof fully from just walking to and from the garage. It is an old home (1980's), so I wouldn't be surprised if it's due for a new roof, but I never had any concerning problems with it to report. I am also not a roofer, so how I can be blamed and insulted for not reporting something like that is beyond me, but added to my total disappointment in the way you would treat a customer, let alone any human being. Also, it really hurt my feelings (and hand!) the way you squeezed it so tightly in your "handshake" upon leaving that day. It was very obvious you were angry and I thought it was pretty terrible you took it out on my hand. And you know exactly what I'm talking about. I will never believe for one second that it is just the way you shake a person's hand. It was forceful and you meant it. As for the late rent, you had every right to charge me a late fee and you didn't and for that I am thankful as myself and family have gone through an extremely rough year with my neck injury requiring surgery and my 27 year old sister dying after a 6 week long stay in hospital out of state. I appreciate you working with me on rent, however I never went over a month late, probably even lessmore like a couple weeks. As far as the check having a different address: if you look at other checks I sent you that address will be on many if not all as that was my previous addressrefer to my original rental application and you will clearly see thisbut most of the time I cross out that address and right **** W ******* PL on it. As for the fence, a large portion did blow over multiple times and with the help of my neighbor and her very strong boyfriend (as it blew over onto their side of property) helped pick it up and stabalize it in a makeshift manner. I have pics of nails sticking out and it's currently in that state. Not once have you offered to take care of the hazard since our meeting with the realtor, but you did send someone out to fix a roof problem that I did not even know was an issue. I will save these pics. Finally, I have not made defamatory statements. I said you have lied and you were petty and mean. Those are accurate interpretations of my last in person and over the phone interaction with you and I know without a single doubt in my mind that nothing I said will hold up as defamatory in a court of law, and therefore I would not be liable. Its a scare tactic and will not work. It is very petty that you would come into my home invited and make nasty faces and rude remarks about things such as blinds and then follow that up with a phone conversation comparing your blinds in your house "of 30 years" to mine. It's demeaning and petty and shows what an unkind human being you are. I don't know your life but you don't know mine either. I am a single mom to two young girls, ages 5 and 6 (2 and 3 when I first moved in), I have no family anywhere for 1800 miles, I work overtime almost weekly, I was injured badly and had surgery and was off work for 4 months living off 60% of my income during that time, I had a sister dear to me pass away and a boyfriend deploy twice in the 2 years we've dated. I keep my place of residence in pretty darn good shape despite all these troubles, aside from some bent cheap plastic blinds and weeds in yard (which I wasn't medically cleared to pull and did not want the extra expense of hiring someone considering how tight money has been this last year). So yes, when someone you willingly invite into your home points out things so trivial, calls you a liar, doesn't offer to repair the things they've now seen with their own eyes, death grips your hand upon leaving, then follows it up with a phone conversation that is further demeaning, it tends to make a person feel hurt, angry, disappointed and slighted. As for the mail, I promise I never received a letter but my dad said a card he sent to my daughter for her birthday got sent back recently also. I went to post office day before yesterday after receiving a "new resident card to fill out to receive mail" and he said it's bc mail box was full so they thought no one lived there anymore. I don't check my mail but like once a week, but I guess its been longer as I've just been so caught up with packing and finding a new place to live and don't receive much via mail anyway since I pay all my bills online. However, you have no need to worry, bc I will be out by the 30th and signed a lease on August 27th for a move in date of Sept 30th. The current tenant of that property was gracious enough to offer to be out by 12pm so that I could fully move in and have time to do last minute touch ups here at 2765 W Cattail Pl, since you were not willing to negotiate even one extra day for me (I'm guessing out of spite). So *****, if saying that I think you are a disappointment and petty and mean and rude and a person who lied is defamatory, then my arguments for how you've treated and talked to me are 10 fold so. Hope you have a happier existence bc it's clear from your demeanor and actions that you're a pretty miserable person. Peace. By the way, I have pics of porch roof and fence and you've had over a month since you saw issues with your own eyes to offer to fix so that it's not a danger to myself or my children and not one offer or attempt has been made to rectify this (not asking for brand new fence, asking for it to be 're-nailed and made safe). I believe I actually have a much better case for a lawsuit than your feeble attempt at accusing me of defamation. I have never sued anyone but will be much more inclined to look into doing so if I do not receive a sincere, formal apology from you AND some amount of returned rent OR a prompt repair of those two issues.