ComplaintsforRE/MAX Homestores

• Initial Complaint

  06/18/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  We gave a 40 day notice to vacate. We were charged a break lease fee plus two months when the home has not been re listed to rent. By law the home must be ready to relist asap. We turned in keys on 6/28, which means the clock starts the 14 days to return the deposit on 6/30. With a due date of 6/16 for the disposition. This did not happen. The paint we used to patch the very few nail holes was given by a vendor who gave it to us who repaired a wall and used the same color. We were charged $309 in tack holes (maybe two holes) and paint. They claim the paint didn’t match but it was used before by a vendor and approved. He gave us the paint. The broker is rude and very unprofessional and has charged us too much to include holding the property off the market so it would not rent. We believe the owner is selling it. So we should not owe the two months as it would have re rented.

  Business response

  06/22/2023

  The tenant turned in their notice to vacate on 4/28/2023 with a move-out date of 5/31/2023. The notice to vacate is included. The tenant returned the keys on Sunday, 5/28/2023.  The office was closed on Monday, 5/29/2023 due to it being Memorial Day.  The office opened on Tuesday 5/30/2023 at 8:30 am. Per  ARS 1-243 computing time does not start until the next day, not the day of the act.  I confirmed this information with an attorney.  The email from the attorney is attached.  Day 1 for the 14-day disposition started on 5/31/2023, putting the disposition due date on Tuesday, 6/20/2023. I did email the disposition to the tenant on Saturday, 6/17/2023 with an email stating that the charges where estimates and that the disposition would be adjusted as for the estimate for the tenant repairs and the rent prorated once the property rents, so there were no charges due at this time.  Also on 6/17/2023, we received their forwarding address via email, as that was not given to us until then.  I do have the email available showing the forwarding address along with the email stating that they dropped the keys off on 5/28/2023 with no forwarding address.

  
  As for the break lease fee and 2 months' rent on the tenant's disposition, it is clearly stated in Section 4.1 Release from Lease Contract of the lease the tenant's responsibilities and the charges that are incurred upon breaking the lease.  Tenants are still required to fulfill the lease as stated and to pay an early vacancy processing fee of 1/2 month's rent or $350.00 whichever is greater.

  
  The issue concerning the tenant's repair of the nail holes is they were not given permission from the owner or ARIZONA HomeStores to make the repairs. On Sunday, 5/28/2023, they sent a text message to my property manager and stated they were going to make the necessary repairs. Due to it being a Sunday, my property manager did not respond to their text message and they took it upon themselves to access the property and make the repairs. They were not given permission to access the property or to make the tenant repairs. Due to them making the tenant repairs improperly, our vendor now has to go in and correct the repairs. The estimate and pictures are attached. The tenant disposition had been adjusted as stated that it would be and the updated disposition concerning the repairs will be sent via certified mail to the tenant's provided address on 6/22/2023.
  The owner of the home never discussed with ARIZONA HomeStores the possibility of the home being sold.  The home started being advertised for rent on 6/20/2023. At the same time, ARIZONA HomeStores has paid for verified leads to ensure that we are able to get the home rented as quickly as possible.

  
  Due to the tenant and their spouse accusing me of breaking laws, texting me that I am a liar and that I am treating them unfairly, I do not believe that I can have a reasonable conversation with the tenant.  Also, I have been accused of harassment and have advised the tenant's spouse that I will only communicate with them via US Postal Service concerning this matter.
  
  

  
  

  Customer response

  07/11/2023

  If we are going to go based upon her calculations from the date you are using it actually does start on the 30th if it’s a day after the keys were turned in the business day after the keys is the 30th not the 31st only reason we got the disposition was because we emailed you asking you where it was. there’s also a section in the lease, section 4, under general clauses-vacating early: this obligation (lease break fee) will only be midigated  by mutual written agreement between landlord and tenant or by landlord, leasing the premises to another tenant . And you re rent this home actually towards the end of June so therefore we do not pay a break lease fee. Our lease was up in July.  No lease was broken. We paid June and July a tenant had been in there already for a week in June so we will get that fee back.  You also charged us for July tax which you cannot do because there was a new tenant and they’re paying tax on that home already for July. 
  you were rude and said the home was not cleaned yet we showed videos and pictures and you in return made videos that made no sense. 
  Bottom line you were late getting the disposition, you charged a break lease fee when it it was rented prior to the lease ending, you also charged July tax. So legally you owe more for not doing this properly to start and withholding our deposit refund since you can’t charge the break lease when the home re rented right away prior to the lease end date. 
  we do not accept your disposition or your reply 
  

• Initial Complaint

  02/18/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Answered

  More info

  Was charged an exorbitant feel for normal wear and tear of a property which I rented for 2 years. The rental contact was clear about not repairing small nail holes in rental agreement. But at termination of lease agreement they hit me with a repair bill for normal occupancy wear and tear.

  Business response

  02/20/2022

  Response to BBB Complaint #16783079:
  
  Dear Mr. ***** –
  
  I am in receipt of your BBB complaint in which you claim you were “charged an exorbitant feel for normal wear and tear” and you are requesting a billing adjustment for those charges. Please refer to a copy of your lease agreement which is included in this response to justify the items assessed to you on your move-out disposition (included for reference as well).
  
  Lease Section 3.1 (Condition of Premises and Alterations) states the following:
  
  Alterations and Improvements: Tenant shall not make any alterations, changes or improvements to the Premises without Landlord’s prior written consent. Tenant may be held responsible for any damages resulting from unauthorized alterations, changes or improvements as well as the cost to restore the Premises to its move-in condition.
  
  Further, lease Section 3.2 (Requests, Repairs, Malfunctions) includes the following clause:
  
  Tenant also agrees to replace furnace filters, air conditioning filters, light bulbs, water filters and smoke alarm and/or carbon monoxide detector batteries as frequently as conditions require, or as otherwise provided.
  
  Additionally, lease Section 3.4 (Move-Out) states the following:
  
  Charges: Tenant will be liable for the following charges, if applicable: re-keying all locks, unpaid rent; unpaid utilities; unpaid late fees; unreimbursed service charges; repairs or other damages, excluding ordinary wear and tear; replacement cost of Landlord’s property that was in or attached to the Premises and is missing; unreturned keys; missing or burned-out light bulbs; removing or re-keying unauthorized security devices or alarm systems; re-leasing charges or penalties; packing, removing, or storing property left behind by Tenant; removing illegally parked vehicles; animal-related charges; government fees or fines against Landlord for violation (by Tenant, occupant, or guest) of local ordinances relating to smoke detectors, false alarms, recycling, or other matters; late-payment and returned-check charges, plus attorney’s fees, collection fees, court costs, and filing fees actually paid; and any other sums due under this Lease Agreement or as a result of Tenant Breaching the terms thereof.
  
  Continuing, lease Section 10.1 (regarding move-out inspection) states the following:
  
  Do NOT spackle small nail holes in the walls, but do remove the nails. You are responsible for large holes or damage to the walls.
  
  And, finally, lease Section 10.2 (regarding move-out cleaning guidelines) states the following:
  
  Clean all light fixtures and ceiling fans. Replace any burned out bulbs.
  
  In your move-out disposition, you were assessed charges for the following items:
  
  Rekeying the property.
  Patching/painting of nail holes in the dining room.
  Replacement of burned-out bulbs in the kitchen.
  Patching/painting of nail holes in the Master Bedroom.
  Patching/painting of nail holes in Bedroom #2.
  Replacement of burned-out bulb in the laundry room.
  
  These are all valid charges per the lease as stated in the referenced sections noted above and highlighted in the included lease agreement. While it is true the lease states tenants are not to patch or paint nail holes, it also states that they will be responsible for damage to the walls. And, as the inspection report and photos show, there was noticeable damage to the walls from the nails that you as a tenant chose to install as part of your tenancy. This is not normal wear and tear as it is considered to be damage from a tenant alteration to the property. “Normal wear and tear” is when something wears out under normal use, like when carpet wears down in high-traffic areas or a door knob comes loose after repeated use or mini-blinds crack from sunlight damage. Deliberate actions by a tenant, like driving nails into otherwise undamaged walls, does not fall into that category and is therefore a tenant’s responsibility to repair.
  
  Further, prior to the issuance of the final move-out disposition, I had a phone conversation with you about this very section of the lease and explained to you that we do not want tenants attempting to match paint or patch walls because it often looks terrible and we end up having to repaint entire walls or rooms just to blend it properly, which costs the tenants more money unnecessarily. That is why that clause is in the lease. In that discussion, you indicated you understood the policy but were just concerned you would be charged $300-$400 or more for some minor touch-up work. You were in fact only charged $155.00 by an independent vendor for the assessed repairs, which is about half the cost of what you were concerned about.
  
  Lastly, the cost for these repairs is not within the control of the management company. We simply contract with independent vendors to provide estimates for the requested work, which is the basis for the cost of the charges. We do not get any portion of what the vendors charge and it is a straight passthrough cost to the tenant. While you may feel the material and labor charges are excessive, they really are not given the volume of such repairs we solicit from multiple vendors over the course of a year and each vendor has a minimum labor charge regardless of the volume of actual repair work being conducted.
  
  We did find an issue with the original repair estimate where the vendor had added a charge to replace the exterior flood lights which had been assessed to the owner on the inspection report. You rightly brought this matter to our attention and we immediately refunded the associated cost for those lights ($30) and sent you a revised disposition letter (included for reference). You left me a voicemail thanking me for remedying this error so quickly and I naturally assumed that all of your concerns had been addressed. So, I am perplexed as to why you felt it necessary to file this BBB complaint after all that has already been done in response to your concerns.
  
  In any case, your deposit disposition has been thoroughly reviewed and the current assessed charges remain as valid. The appropriate correction for the errant vendor charge for the exterior floodlights has already been addressed prior to you filing this complaint and there is nothing further that needs to be adjusted. I am sorry if you are not happy with the resolutions we have already executed, but there will be no additional concessions offered as the remaining charges are in full compliance with the lease agreement.
  
  Thank you,
  
  Chris Hickman
  Owner/Associate Broker
  RE/MAX HomeStores

*Some consumers may elect to not publish the details of their complaints, some complaints may not meet BBB's standards for publication, or BBB may display a portion of complaints when a high volume is received for a particular business. ↩