ComplaintsforAccord Real Estate Group, Inc.

• Initial Complaint

  09/23/2022

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  ********************* of Accord Real Estate Group **** was our Property Manager for tenant, *******************, from 2016 to March 2022. He did not perform visits/inspections of property as called for in our management agreement through this period resulting in damages/deterioration to the apartment. We only discovered the situation when ***** resigned as Property Manager in March 2022. We had to deal with the fall-out of the situation working with the insurance company and contractors incurring much personal expense and time to get the property back into a rentable condition. The contractor told us that our apartment was one of the top 10 worst apartments that they had to work on for remediation works.. ******* negligence also caused us loss of rental income for 4 months. We had to do remedial work for mold, cockroach infestation and had to replace numerous items in the apartment. Work orders/invoices from the main contractor for remediation were copied to ********************* at Accord Real Estate Group ****Fortunately for property owners, as we understand, ***** is no longer involved in long term rentals now. However, please be careful when you do vacation rentals through his company. He only looks out for himself and will not look after your interests. Be warned and choose the right company for your vacation rentals.

  

  Business response

  10/27/2022

  ****** & ************;
   
  Sorry for the delay in getting back to you on your email that was sent on September 12th.
  As you know, the area was hit by Hurricane *** on September 28th and we have been working hard on the recovery efforts.
  I am sorry you had to deal with the restoration of your unit at ******* Gardens.  Prior to this issue, and while I was your rental manager, I dealt with each and every issue over the years that I became aware of from the tenant in a timely manner.
  According to my discussion with ****, your current rental manager, after seeing the photos it is obvious that the tenant had abandon the unit since it would have been impossible for anyone to reside in the unit under the conditions I observed.
  The lease that was executed and subsequently renewed with the tenant was clear on a number of points;
  1. Maintenance Paragraph IX of the lease states that the; Tenant shall use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances, including elevators.
  2. ******* Residential Landlord and Tenant Act The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.
  3. ******* Residential Landlord and Tenant Act ***** Tenant's obligation to maintain dwelling unit.-- The tenant at all times during the tenancy shall:
  1. Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
  2. Keep that part of the premises which he or she occupies and uses clean and sanitary.
  3. Remove from the tenant's dwelling unit all garbage in a clean and sanitary manner.
  4. Keep all plumbing fixtures in the dwelling unit or used by the tenant clean and sanitary and in repair.
  5. Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.
  6. Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.
  7. Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant's neighbors or constitute a breach of the peace.
  4. ******* Residential Landlord and Tenant Act ***** Right of action for damages.-- If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party *** recover the damages caused by the noncompliance.
  5. MOLD ADDENDUM TO LEASE the Tenant signed an addendum to the Lease and agreed to a number of items including a section which required that the Tenant Shall Report in Writing the following: 
  a. VISIBLE OR SUSPRECTED MOLD
  b. ALL A/C OR HEATING PROBLEMS OR SPILLAGE
  c. PLANT WATERING OVERFLOWS
  d. MUSTY ODORS, SHOWER/BATH/SINK/TOILET OVERFLOWS
  e. LEAKY FAUCETS, PLUMBING, PET URINE ACCIDENTS
  f. DISCOLORATION OF WALLS, BASEBOARDS, DOORS, WINDOW FRAMES, CEILING 
  g. MOLDY CLOTHING, REFRIGERATOR AND A/C DRIP PAN OVERFLOWS
  h. MOISTURE DRIPPING FROM OR AROUND ANY VENTS, A/C CONDENSER LINES
  i. LOOSE, MISSING OR FAILING GROUT OR CAULK AROUND TUBS, SHOWERS, SINKS, FAUCETS, COUNTERTOPS, CLOTHES DRYER VENT LEAKS 
  j. ANY AND ALL MOISTURE
  The Addendum goes on to say that IF TENANT(S) FAIL TO COMPLY WITH THIS ADDENDUM, Tenants) can be held responsible for property damage to the dwelling and any health problems that *** result. Noncompliance Includes but Is not limited to Tenant(s) failure to notify Owner or Agent of any mold, mildew or moisture problems immediately IN WRITING. Violation shall be deemed a material violation under the terms of the Lease, and owner or agent shall be entitled to exercise all rights and remedies It possesses against TENANTS) at law or in equity and TENANT(S) shall be liable to Owner for damages sustained to the Leased Premises. TENANT(S) shall hold Owner and agent harmless for damage or injury to person or property as a result of TENANT(S) failure to comply with the terms of this addendum.
   
  Clearly the Tenant is responsible for the damage caused by his actions and the failure to act under the provisions of the Mold Addendum to the Lease.
   
  I suggest that either you or **** request full reimbursement of your costs to bring the unit back to its original state of occupancy.
   
  Please let me know if I can provide any additional information that *** help you recover your costs.
   
  *********************
  Accord Real Estate Group, Inc.
  ************
  ************************************************************
   
  

  
  

  Customer response

  11/03/2022

   
  Complaint: 18061292
  
  I am rejecting this response because:

  *****,
  
  The main issue here is one of fiduciary responsibility as property manager (agent) that you have in looking after the property for us as owners ( principal).
  
  Tenants responsibilities for the upkeep and for any damages to the property per recitals you listed from the ******* Residential Landlord and Tenant Act is not in dispute here.
  
  The fact remained that as property manager you are to ensure, through periodic inspections of the property, that tenant complied with such responsibilities per the aforementioned Act. Our ***************** Agreement, in force at the time you were our property manager, clearly calls for the apartment to be in a satisfactory rental condition at all times under your care. ARTICLE III MANAGER RESPONSIBILITIES AND OBLIGATIONS, para F **************************** carrying out your duties, there would have been ample opportunities for you to do quick checks on the property for its state of rentability as you said to have dealt with each and every issue over the years.I will add here that I had always promptly responded to all your calls to greenlight any necessary repairs/maintenance work to ensure that my apartment was kept in good order. At no time was I made aware of any non compliance by tenant in the upkeep or deterioration to the property that had happened.
  
  As I had mentioned before, the very poor state of the apartment when it was handed back, did not happened just in the last few months of *********** tenancy. The apartment was not abandoned as you have suggested.  His parents were still living there towards the end of the lease as witnessed by ************************** the contractor when they inspected the apartment for remediation work.  That no one should be staying in the unit as you commented, not only on the issue of mold but the gross neglect by tenant in maintaining the apartment according to the lease agreement, would be a question that you ought to  have addressed with ******************* in your capacity as my property manager throughout his 5 years of occupancy. Photos by ************************** that were forwarded to you with their work orders, of damaged drywalls that were removed, were taken after tenant had vacated the premises.
  
  Attached photos that I took are representative of the very poor state my entire apartment was left in when handed back; filthy baths,damaged sink, filthy kitchen and damaged range that had to be thrown out, all closet shelving including those in bedrooms were covered in an oily grime from cooking fumes and coated with dust that had stuck fast to the surface, all window coverings had to be disposed of being covered with same oil and dirt.They were by no means the only issues, just an idea of how bad the overall condition that the apartment was in at the time it was handed back to me.  
  
  In all consciousness, it is only proper and expected of your responsibility as property manager throughout *********** lease, that you should pursue with him for all unrecovered costs incurred to restore the apartment to a rentable state.
  
  We await your response.
  
  ******* and ******

  
  
  Sincerely,
  
  ***********************

  

  Business response

  11/15/2022

  *******/******
  
  As you know, I responded to numerous requests from the tenant over the years regarding many maintenance issues in your unit, with the most recent being a broken condensation line in the ** closet which was repaired by Bills Plumbing in August ******************************************** December 2021.
  
  This repair included removing the water heater and cutting out and replacing drywall in the ** closet that was wet due to the condensation line leak. The plumber also rebuilt the toilet in the master bedroom and replaced the faucet which the tenant complained was an issue.   I inspected those repairs and was in all areas of the unit at that time. There was NO SIGN of any visible mold in the unit as noted in your and Dinas photos which were taken in March 2022.
  
  The tenant had called me on many previous occasions when issues arose that needed to be addressed and I responded promptly to his requests.
  
  As noted in my previous email, the tenants lease REQUIRED him to notify the owner (and me as your agent) regarding any VISIBLE MOLD in the unit.  He did not notify me of any issue after the August 2021 repairs.  Why he did not notify me and allowed his parents to stay in the unit under those circumstances is unknown. If I were to receive any notification of an issue, I would have responded promptly as in the past.
  
  The lease that was executed by the tenant was approved by the ******* ******************** and had several addendums that would protect you as the owner of the property including, the mold addendum.
  
  If you wish to pursue the tenant for reimbursement of your expenses beyond the security deposit either me or **** can provide you the name of an attorney that could review the lease and provide you an opinion as to the likelihood of receiving any compensation.
  
  Please advise.

  Customer response

  11/17/2022

   
  Complaint: 18061292
  
  I am rejecting this response because business is refusing to take responsibility:

  *****,
  
  It is unfortunate that you choose not to take any responsibility here.
  
  That the tenant did not inform you of any issues since Oct 10, 2021 till the lease ended on Feb 28, 2022 in regards to the A/C condensate line nor there being any signs of mold that you observed, does not negate the fact that the apartment was left in such a horrendous and filthy state  (filthy baths and kitchen, odour and residue from cooking grease that permeated throughout the unit, broken appliance and sinks, cockroach infestation, etc.)that could only have resulted from years of wanton neglect while you were the property manager.
  
  The tenant will be pursued for his legal responsibility.Your decision in not initiating any actions against the tenant for recovery of costs on the aforementioned damages that occurred during the time when you were our property manager, but instead to pass off your responsibility to us, does not prejudice future claims we may have against you to recover such costs.
  
  To this end, information on an attorney and current whereabouts of ******************* (phone number, home address, employer, etc.), would be useful.
  
  ******* and ******

  
  Sincerely,
  
  ***********************

  

  Business response

  12/02/2022

  I replied to ***************** email on 11/17/22 with the following response:
  __________________________________________________________
  *******
   
  Below are two suggestions for attorneys that *** be able to help you pursue ********************
   
  *********************
  ************************************
  ****************************************
  Office Phone: ************
  Mailing Address: ********************************************************************** 33707
   
  Law Offices of **********************************
  Phone: **************
  https://*********/
  5244 *****************, ***************, ** 33907
   
  During the term of the lease, ******************* MD was employed by ************* in ***************.
   
  I do not know if he is still with ************* or is still in ***************.
   
  **** *** have his new address following the termination of the lease.
   
  

  
  

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