Complaints

• Initial Complaint

  04/19/2024

  Complaint Type:

  Service or Repair Issues

  Status:

  Resolved

  More info

  We (**** Gustafson and Stephen Foote) Rented a property from EMS at the beginning of August 2022, the lease was for 13 months and required of us $1650/month + Utilities. In February/March 2023 we had to leave the property early, provided written documentation to EMS as per lease agreement, and were told we would need to pay an $825 early termination fee and would need to vacate by the end of March 2023, all of which we complied with. In each of the following months (April 2023 - August 2023) we were informed by EMS Realty that we would need to still pay the $1650/month + Utilities because they had not found a new tenant yet. None of this was specified in the original lease agreement. But if we didn't pay, it would hurt our credit so we paid, not knowing what else to do. The total amount paid to EMS during April-August (each of the following ACH payments included a $2.50 ACH fee, this is why the amounts don't quite match the CAS800 Ledger): April 2023: $2927.01 ACH Payment ($2,102.01+$825.00 early termination fee, but as you can see in the following months, they never honored the early termination) May 2023: $1650.00 Check#91474 June 2023: $1711.62 ACH Payment July 2023: $1778.06 ACH Payment August 2023: $2233.14 ACH Payment (made August 24th, after receiving the CAS800 Ledger via email) (this included late fees, we were late because I was surprised they were still expecting us to pay for a property we vacated months earlier as per everyone's agreement)

  

  Business response

  04/22/2024

  Thank you for providing the opportunity to respond to Mr. Gustafson and Mr. Foote regarding their complaint.  The lease was for a one year term ending on 8/31/23.  They indicate there is no provision for an obligation to continue paying rent.  Please see page 6, lines 264 through 266 of the lease wherein it states there is an early termination fee of one half month's rent in addition to obligations per statute (Arizona Residential Landlord Tenant Act).  The tenant is obligated to pay rent and utilities through the term of the lease or until it is re-rented per statute.  We advertised the property online in the same manner we did when Mr. Gustafson and Mr. Foote leased it...MLS, Zillow, trulia, rent.com, REALTOR.com, etc.  We had 36 email info requests and several phone calls, all of which were promptly responded to.  We also showed the property four times during those months in an effort to secure a new tenancy.  Please know that this property was fully furnished and accessorized, and the success in renting furnished properties during the off season is very limited due to less demand and a much higher inventory availability for prospects looking.   

  The tenants elected to break their lease, and we did not require them at any time to vacate prior to the termination of their lease.  Since the tenants paid the rent after they vacated and turned over possession, there is no balance due on rent.  There is also no monies or refund due the tenants.  The rent paid and cost of repairs and cleaning were paid to the owner and respective vendors as is required by statute as well.  Their pending and final security deposit dispositions were mailed to the property address with "Please Forward" written on the envelope as we were never provided a forwarding address as we requested a few times.  We also emailed copies of the disposition with copies of all invoices required to cover furniture and property damage, cleaning, etc.  I am happy to discuss the request from the tenants directly if they contact me, and, in turn, I will reach out to the property owner for their input.

  Respectfully submitted,

  **** ******. Broker

  Customer response

  04/28/2024

  EMS Realty claims in their response that "the tenant is obligated to pay rent and utilities through the term of the lease or until it is re-rented per statute", yet this obligation per statute is nowhere to be found in neither the Lease Agreement, nor the Arizona Law cited. The lines from the lease cited in the response make no mention of this obligation to continue paying rent/utilities after early termination, and only mentions the early termination fee. There is also no statute in the Arizona Residential Landlord Tenant Act that mentioned in the response that obliges a tenant to continue paying rent/utilities after early termination. This makes no logical sense that EMS would acknowledge an early termination of a lease (including charging an early termination penalty), and then go on to continually charge monthly rent/utilities clear to the end of the lease as though no early termination ever happened. This is unethical behavior that if not resolved through the BBB, by refunding every cent that was paid after the termination fee, will be pursued in civil court.

  

  Business response

  04/30/2024

  Thank you for the opportunity to address your concerns. 

  Please see the attached copy of the Tenant Handbook that was made a part of your lease agreement (See lines 18-19 of your lease).  You may refer to pages 5 and 14 of the Tenant Handbook for more information on “Breaking your lease.”  In addition, the obligation to pay your rent through the term of the lease pursuant to a valid lease agreement signed by all parties is covered in ARLTA, ARS 33-1314 and 33-1413.  The landlord is entitled to receive all rent through the term of the lease or until the property is re-rented.  EMS Realty has a fiduciary obligation by statute also to ensure their rights are protected.   Rental income was forwarded to the landlord.  The Early Termination fee is an administrative fee that covers the cost of advertising, showing the property and re-renting it.  Due to it being off season for a fully furnished rental with little demand, it did not re-rent until late August near the termination date of your lease.  If you forward a request in writing to me, I am happy to see if that fee may be refunded to you.  Once the property re-rented, your final Security Deposit Disposition was mailed to your last known address with a “please forward” printed on the envelope as we were never provided a forwarding address after requesting it by email to you.  It was also emailed to both tenants’ email addresses and showed a balance owing of $195.53.

  You may also want to refer to ARS 33-1321 D:
  “If the tenant does not dispute the deductions or the amount due and payable to the tenant within sixty days after the itemized list and amount due are mailed as prescribed by this subsection, the amount due to the tenant as set forth in the itemized list with any amount due is deemed valid and final and any further claims of the tenant are waived.”

  Should you have additional questions or need clarification, please let me know.

  Respectfully submitted,
  **** ******

  

  Business response

  05/14/2024

  ---

  ****,

  
  

  Thank you for speaking with me this morning to address your concerns about the rent you paid after terminating your lease at the above-referenced rental property.  Our landlord attorney provided the following:   "If the lease agreement is terminated by the tenant prior to the expiration of the lease term, in accordance with A.R.S. § 33-1373, the landlord may have a claim for unpaid rents in addition to a separate claim for actual damages."

  
  

  This is what I pulled from the Arizona Residential Landlord Tenant Act, page 27:

  33-1373. Remedy after termination

  If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement.

  In addition, I am attaching a copy of your lease agreement (page 1) and Tenant Handbook (pages 5,14,15,20) with the areas highlighted that address rent payment obligations for "Breaking the lease."  

  
  

  Should you have questions or need additional information, please let me know.  

  
  

  Kind regards,

  ****

  
  

  **** ******, CRS, CRPM, CRMS

• Initial Complaint

  02/15/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  Community Washers and Dryers not functioning since October 2022. Numerous work orders placed with no repair. 1 broken washer half full of water for months. Bottom dryer not drying properly for months. 21 Units with 1 washer and 1 dryer exceeding 60 days.

  

  Business response

  02/15/2023

  Thank you for the opportunity to respond to this BBB complaint.  Although I do not recognize the name Laurie Doe as one of our tenants residing at the 21 unit complex at 3699 N. Mountain Avenue, I am happy to relay the details of the issue she brings forward.  EMS Realty, Inc. manages the referenced property; however, the community laundry room washers and dryers are the property of CSC Service Works.  CSC handles the servicing and maintenance of the washers and dryers.  We have specific instructions that all servicing and maintenance is to be reported to CSC, and they have their name and contact number on each washer and dryer.  EMS Realty, Inc. reported maintenance needed on the washer in question on 10/25/22, 11/07/22, 11/15/22, 11/28/22, 12/15/22, 1/23/23, and 2/13/23 to CSC.  Each time CSC indicated a technician came out and reported replacement was necessary.  We asked why replacement was taking this many months, and Dorothy at CSC customer service said she does not know other than there was a shortage of machines by the manufacturer.  We inquired this past Monday and asked for the date to expect the replacements, and she will return our call once they know more.  The bottom dryer was reported not working the first time this past Friday, 2/10/23, and according to CSC it was repaired yesterday.  Another resident reported that as of 2/5/23, there was still one working washer and two working dryers.  The laundry room has two washers and two dryers.  We truly understand this is an inconvenience.  Unfortunately, we were not able to step in as they equipment is not owned by either the Landlord or EMS Realty, Inc.  I welcome the opportunity to speak with Laurie Doe should she wish to do so.  Kind regards, **** ******

• Initial Complaint

  07/13/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  From January, 2022 through April, 2022, I rented two houses managed by EMS Realty in Sun City, Oro Valley, AZ. (One house was rented from January through March, and the second for April). I paid EMS a total of $12,400 to rent these houses. I also paid a security deposit of $1,500. I moved out of the house on April 29,. 2022. It is now July 13. EMS has not returned my security deposit. Under Arizona law, EMS is required to return the security deposit within 14 days. I have made at least 25 calls to EMS, but they refuse to resolve the issue. This is a clear violation of Arizona law. I have rented numerous properties over the years, and never seen such a flagrant violation. I note you give EMS an A+ rating. This is not deserved. I hope you will be able to resolve this so that I do not have to pursue legal action. I would be happy to discuss this with you. Thank you.

  

  Business response

  10/02/2023

  Good afternoon, Mr. Symonds,

  Please know that your election to lease two of our vacation homes in the winter of 2022 is greatly appreciated and your tenancy valued.

  My apologies for not responding in writing earlier.  When I first received notice of your complaint with the BBB, I researched and understood your security deposit dispute was resolved.  In addition, I reached out to you by phone to ensure you were satisfied and understood that to be the case.  In speaking with Chalsea at the Tucson Better Business Bureau today, she indicated you were still upset with your disposition.  In reviewing copies of your dispositions, invoices, the stamped postage envelopes and checks forwarded to you, it shows your deposits were sent timely per Arizona Residential Landlord Tenant Law requirements (within 14 business days by regular mail).  Charges in each property were for the non-refundable cleaning fee and a carpet cleaning fee in the first property only.  The only funds held were to cover pending utilities for each property respectively until final bills were received by EMS as per your lease terms.  We presented your request to the landlord of the first property to credit the carpet cleaning charge and they declined due to the "above normal wear and tear" in traffic areas.  Upon termination of a lease, any security deposit funds we hold are, either refunded to the tenant, paid to a vendor to cover a charge attributable to the tenant or given to the landlord as compensation.  As disclosed to you prior to your tenancy, EMS represents and has a fiduciary obligation to the landlord of the property.  We honor that obligation while maintaining compliance with the tenants' rights.  EMS does not keep or benefit from your security deposit.  If you still have concerns, I am happy to speak or meet with you at a time convenient.  Kindest regards, Lisa Suarez

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