ComplaintsforAccount Property Management, LLC

• Initial Complaint

  04/25/2024

  Complaint Type:

  Customer Service Issues

  Status:

  Unresolved

  More info

  I have attached a 'Demand Letter', which provides greater detail, of the following summary: - Date of Transaction: For Property Management Agreement - terminated in breach on 04/16/24 (signed 11/23/20) - to manage rental property. - Amount of money paid the business: 10% of all collected rents and 1 months' rent for tenant placements, throughout the course of the above agreement. - What the Business Committed to Provide: property management services for my rental property, in line with agreed-upon terms in our Property Management Agreement. - Nature of the Dispute: (1) $286.62 in outstanding Nov 2023 rental remittance, (2) $916.61 in improperly withheld funds from final April 2024 rents, (3) outstanding accounting documents and records, (4) unreturned property keys. - Whether Business Tried to Resolve the Problem: my various emails, texts, calls along the way have gone unanswered, so I am consolidated all the various items into this complaint and the attached Demand Letter, which was also emailed today (04/24/24). - Account/order/tracking number: Related to Property Management Agreement signed 11/23/20 and terminated by property manager on 04/16/24 NOTE: I have provided extensive detail in the attached 'Demand Letter', as well as attached all the various supporting 'Enclosures' (13 files) listed in the 'Demand Letter'. All these same aforementioned documents have also been emailed to ******************@gmail.com on 04/24/24.

  Customer response

  04/25/2024

  Dear Carol T****** and Devin B*******: 

  I am writing to formally notify you of multiple breaches of our Property Management Agreement (hereafter "agreement" or "contract"), executed on November 23, 2020, pertaining to the property at **** **** ******* ******, Baltimore, MD 21205. This letter outlines the specific deficiencies identified and demands immediate corrective action, including financial reimbursement and a detailed accounting, as required under the terms of our agreement. 

  1. Outstanding Rental Remittance: As of the date of this letter, I have not received rental payments for the month of November 2023. Specifically, there are 17 days' rent due for Room #3, starting from the move-in and lease start date of November 14, 2023. The total outstanding amount is calculated to be $286.62, derived from multiplying the monthly rate of $562 by the fraction of 17 days out of 30, and then applying a 90% adjustment ($562 x 17/30 x 90%). This delay contravenes the terms stipulated in section 2 of our contract, which explicitly states that payments must be made between the 8th and 10th day of each month. 

  2. Improper Withholding of Funds: It has come to my attention that an amount totaling $916.61 has been withheld, purportedly for management fees, under the following circumstances: 

  i. Uncollected rents: This action was taken in violation of our agreed terms, specifically outlined in section 2a of our contract, which states no monthly fees to be charged if the tenant does not pay. 

  a) Amounts related to a former evicted tenant ($224.80). The only amount collected from tenant was for December 2023, for which the 10% management fee was already withheld. 

  b) Uncollected rents for current tenant ($70). 

  Future-Dated Fees ($232.81). An amount totaling $232.81 has been withheld as fees for the month of May, despite the fact that you provided immediate notice of termination of property management on April 16, 2024. This action is in violation of the termination notice and constitutes improper withholding of funds. 

  Unauthorized Repairs ($209). It has been brought to my attention that $209 was withheld for unauthorized and unapproved repairs. These repairs were conducted without my prior consent, which is a clear violation of section 1 of our contract, mandating that any repair costs exceeding $200 must be approved by the owner. I neither authorized nor approved these repairs, nor was I informed of their necessity beforehand. 

  Court Fees ($180). An amount totaling $180 has been withheld for court fees, which should rightfully be the responsibility of the evicted tenant, as per the terms outlined in section 4 of our contract, as well as the 'Late Charges, Court Costs' section of the standard tenant agreement. This action is a violation of the contractual agreements, which shift the responsibility for court costs onto the 

  tenant. 

  3. Demand for Accounting: Pursuant to section la of our contract, I am formally requesting the following information, which is crucial for verifying compliance with our financial arrangements and ensuring adherence to tenant leases: 

  November disbursement ATTACHMENTS, I sent numerous emails requesting this, and it was never addressed. 

  Tenant Statement, covering 01/01/23 through 04/30/24, showing a complete itemization of all amounts billed to/collected from each of the following tenants: 

  a) *************

  b) ******** ****** c) ******* ***** d) ****** ********

  e) ****** ****

  Full application packet for each of the following tenants: 

  a) ***********

  b) ***********

  c) ****** *****

  d) ***** ***** 

  Tenant lease for ***** 

  Copy of court-issued eviction order/record/notice for ***** *****. 

  Copy of court-issued evidence of filing made against ******** ****(room #1), for non-payment of April 2024 rent, in accordance with our agreed terms, specifically outlined in section 4 of our contract. 

  4. Demand for Return of Property Keys: Despite the depiction of a yellow envelope containing keys prepared for "hand-delivery" in the close-out email, I have neither received any keys nor been contacted to arrange their delivery. In previous communication, I explicitly cautioned against leaving these keys unattended anywhere, emphasizing the potential risk to the safety of the property and the well-being of the tenants, as well as the security of their personal belongings. 

  List of Specific Deficiencies: 

  Non-responsiveness to email/text/phone inquiries requesting both tenant leases, as well as contact information (phone numbers). I did not make any request for exclusively email communication. 

  Late rent disbursements, in violation of our agreed terms, specifically outlined in section 2 of our contract, which states that payments should be made between the 8th and 10th date each month. Our agreement was not honored for the following months (below only looks at the last 3 years and does not even include one-day-late instances, which will be added to below, in any future escalation): 

  2022: Aug, Oct, Nov 

  2023: Jan, Apr, May, July, Dec 

  O 2024: Jan, Feb, Mar, Apr 

  Repeated failure to collect utilities, which constantly fell up to 3 months behind, until owner got involved each time to repeatedly request collection and payment, for the following periods (only looking at the last 3 years): 

  2022: Sept 

  2023: Feb, June, Oct, Dec 

  2024: Jan, March, April 

  Abrupt immediate management agreement termination received on 04/16/24, in violation of our agreed terms, specifically outlined in section 5 of our contract, which states that termination by either party be in writing 60 days prior. I did not make any request for immediate termination. 

  Tenants were provided with a key to the side door, in violation of our agreed terms, specifically outlined in section 1d of our contract, which states that tenants gain access by electronic fingerprint only. 

  Failure to conduct semi-annual property inspections and/or submit any notification of completion, as well as pictures with commentary on conditions of the property. This is in violation of our agreed terms, specifically outlined in section 1 of our contract, which requires semi-annual inspections, paired with the aforementioned evidence being sent to the Owner. 

  Failure to properly address the leak in the rear of the building, which tenants report is still ongoing as of 04/17/24, despite Owner having paid $1,900 (withheld from February and March 2024 rents) to get it properly repaired. 

  Remedial Actions Required: 

  Immediate release and payment of the total outstanding rental amount of $286.62. Immediate refund of all withheld funds totaling $916.61. 

  Delivery of the requested detailed and itemized accounting documents as specified in item #3, no later than Wednesday, 05/08/24. 

  Return of the keys as detailed in item #4 by Wednesday, 05/08/24. You may choose one of the following methods for returning the keys: 

  EITHER: contact me to make arrangements to actually hand-deliver to me at the address above. 

  OR: mail to the address above, using a tracked option and provide me with the tracking number. 

  Please consider this letter a formal demand for immediate action on the issues previously outlined. Should these concerns not be adequately addressed by Wednesday, May 8, 2024, I am prepared to initiate legal proceedings to enforce the terms of our contract. This action will include seeking recovery of all outstanding amounts and claiming compensation for damages, including reimbursement of court costs and legal fees. Your prompt attention to these matters is required to prevent this escalation. 

  I strongly encourage you to address these issues promptly and thoroughly. If you need to discuss this matter further, please use the contact information provided at the top of this letter. I anticipate a prompt and constructive response from your side. 

  Sincerely, 

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

  
  

  Business response

  05/08/2024

  May 8, 2024
  
  
  Answer to Notice of Contract Violations and Demand for Immediate Action
  In regard to the contract executed on November 23, 2020, and terminated May 31, 2024 pertaining to the property at **** **** ******* ****** Baltimore, MD 21205
  
  
  Outstanding Rental Remittance,
  For the month of November, the disbursement was issued to ****** ** ******* on November 11, 2023.    Room #3 move in date was November 14, 2023.  The new tenant for Room #3 did not submit his prorate prior to the move in date. Therefore, the prorate was to be disbursed on the next month disbursement (December).   Please see attachment #1- Ledger for ******* ***** Room #3
  
  November Disbursement was the following: Attachment #2
  
  Room #1 October 2023 in the amount of $661.50
  Room #1 November 2023 in the amount $630.00
  Attachment #3-ledger for ******** *****
  
  Room #2 November 2023 in the amount of $616.50
  Attachment #4-ledger for ******** ******
  
  Room #3 Security Deposit in the amount of $562.00
  
  Room #4 November 2023 in the amount of $505.80 
  Attachment #5-***** *****
  This amount was given in error, Room # 4 did not make a payment.  Please see attachment #5 ledger for ***** *****.   Therefore, due to this overpayment, $505.80 is due to Account Property Management.
  
  
  December’s disbursement was the following: Attachment #6
  
  Room #2 December 2023 in the amount of $616.50
  
  Room #4 December 2023 in the amount of $505.80
  
  This amount was given in error. Room #4 did not make a payment.  Please see attachment #5 ledger for ***** *****.  
  The disbursement should have been for Room #3 in the amount of $286.82.  Therefore, an overpayment was given for this disbursement in the amount of $218.98.    December rent collected should have been $903.32 not $1122.30.  However, the invoice totaling $925.00 was paid from the collected rents and this should have left a balance of $22.00 owed to Account Property Management.  Therefore, the total owed to Account Property Management for December’s disbursement is $240.98
  
  Total amount of overpayment due to Account Property Management $746.78.
  
  
  Any repair cost exceeding the amount of Two Hundred Dollars ($200.00) must be paid for in advance by the Owner, per Page 2 of the executed contract.   The Owner (****** *******) did not make a payment for the repair cost in advance; therefore, the invoice was deducted from the rent collected.  However, a disbursement should not have been made for the month of December.
  
  Improper Withholding of Funds:
  Please refer to Attachment #7   the contract executed on November 23, 2020 between ****** ******* (******* **********) and Carol D. T****** of Account Property Management LLC  
  
  According to Page 3, Item 3 of the executed contract, At the end of contract between owner and Account Property Management LLC all fees must be paid in full. 
  
  Uncollected rents:   In pursuant to the contract the Final Management Fees from ***** ***** (Oct, 2023-Jan 2024) was due to Account Property Management LLC.  Due to the termination of the contract these fees were due.  Per Page 4, Item 5 Term of Agreement states in part: Upon Termination all payment to Account Property Management LLC are due, this includes all fees, commissions and expenses due Account Property Management under terms of this Agreement. 
  
  Future-Dated Fees. ($232.81) On April 1, 2024, A Notice of Termination of Management Agreement was given with an end date of May 31, 2024. (Attachment #8) This was a written 60-day termination notice.  Per Page 4, Item 5 states in part: Upon expiration of the above initial term, this Agreement shall automatically be renewed and extended for a like period of time unless terminated in writing by either party 60 days prior to the date for such renewal.  (Upon termination All fees, commissions, expenses due to Account Property Management must be satisfied)
  
  Unauthorized Repairs ($209) The amount of $200.00 was due to an emergency call received from ******** ***** on 4/2/2024 at 8:59 a.m. for water was coming down his wall in the unit #1.  (Attachment #9 work request) According to Page 2 on the Property Management Agreement, regular maintenance repairs or repairs costing less than $200.00 will be listed on monthly distribution form.  (Exceptions:  Emergency Repairs/Past Business Hours repairs on as need basis).  The $9.00 was keys made per the owner’s request.  (Attachment #10-contractor invoice)
  
  Court Fees ($180) Per Page 4, Item 5 Term of Agreement states in part: Upon Termination all payment to Account Property Management LLC are due, this includes all fees, commissions and expenses due Account Property Management under terms of this Agreement. 
  
  
  Demand for Accounting:
  
  November Disbursement-Attachment #3
  Tenant Statements were received monthly at the time of the disbursements.  Please refer to your monthly emails from 01/01/23 through 04/30/2024
  Full application packet for each of the following tenant.
  Applications and Application screenings are paid by Account Property Management LLC and is the property of Account Property Management LLC. And is confidential.
  Copy of court-issued evidence of filing made against ******** ***** (room #1)- On April 5, 2024 ******** ***** was sent an email reminding him that his payment was due.  On the 7th of April, as required by Baltimore City, a Notice of Intent to File a Complaint was sent via email and the web portal.  (Please see the attachment #11) 
  
   Demand for Return of Property Keys:    On March 25, 2024, a set of keys for each unit was received by you (****** ** *******) and was hand delivered by a contractor for Account Property Management LLC.    Due to the hostile text message (Friday April 12, 2024 at 6:15 p.m., and email (Friday, April 12, 8:33 p.m. (attachment 12).  To ensure the safety of myself and staff we found it necessary to avoid face to face contact with the Owner.  Therefore, we hand delivered APM set of keys inside the property and sent an email (attachment #13-email) The email included the location of the keys (Attachment# 14-picture of envelope labeled with keys inside), current lease agreements, summary of damage from the previous tenant and contact information for the current tenant.  Account Property Management LLC copy of keys for the property located at **** **** ******* ****** was left on the table, where all correspondence was left for the owner (****** ** *******) for the past two years by Account Property Management LLC and tenants. 
  
  
  List of Specific Deficiencies:
  Non-responsiveness to email/text/phone inquiries-Per the Notice of Termination of Management Agreement on April 1, 2024, it states all necessary documents will be promptly sent to you either via email or through the United States Postal Service before the aforementioned date.  (May 31, 2024)  (See attachment #15)
  As a response to the Notice of Termination, On April 1, 2024 at 9:43 p.m.  the emails began the demand for the files and information prior to the contract termination.  (Please see Attachment #16)  
  The same email was sent on April 3, 2024 at 1:58 p.m. stating the information need to be sent on Wednesday, April 3, 2024.   The email was sent again on April 3, 2024 at 2:06 p.m.  Another email was sent on April 3, 2024 at 2:35 p.m. stating that she will come pick the leases up on 04/03 or 04/04/2024. 
  On April 4, 2024 after several emails demanding information, Account Property Management responded to the request and state they would not be able to accommodate her request. 
  
  Another email was sent on Sunday, April 7, 2024 at 10:59 p.m. in regards to contract information and tenant information.  The emails were excessive, and the tone became hostile.   (See emails, attachment #16)
  
  Please review the call logs submitted by ****** *******, the calls were very excessive.  For example, on April 1, 2024 a call was made to the telephone number (443) ******** at 10:21 a.m., then called (443) ******** at 10:23 a.m. and called 443-******** at 10:39 a.m.  (Attachment #17)
  Each tenant was responsible to pay the utilities for the unit as stated in the lease agreement with Account Property Management.  Notices were sent out to each tenant informing them of the charges each month.  As each tenant paid, the utilities were satisfied.  Please see the attachments for the months indicated below.
              2022:   Sept.  (attachment #18)
              2023:   Feb, June (attachment #19)  
                          Oct. and December (attachment #20)
              2024:   Jan, March (attachment# 21)
                          April-wasn’t received.
  
  ******** ******* wanted Account Property Management LLC to pay the utilities and then collect from the tenants.  However, each tenant was responsible and given an invoice with the breakdown.
  After the excessive emails and threatening text messages, (See attachment #12 and #16) Account Property Management decided to terminate the management agreement immediately, due to the constant harassment.  This decision was made for the safety of myself and the staff.   See email attachment #22-Formal Closure of Property) 
  
  Tenants were given a key to the side door.  ******** ***** had a key prior to Account Property Management LLC.  He had the parking on the side.  Per the email dated October 13, 2023, the electronic sensor for the keypad was not working.  The tenants were unable to gain access to their unit because this lock was not working.  (See attachment #23) The owner ****** ******* was aware this electronic device did not work.  Please explain how the tenants were to gain access?
  
  Failure to properly address the leak in the rear of the building despite Owner having paid $1900.00. 
  ****** ******* was made aware the $1900.00 was to correct the violations that was issued by Code Enforcement.  This was issued from a fire that happened 11/3/2023, however the ****** ******* would not make necessary repairs until Code Enforcement was contacted.  (Please see attachments #24 Code enforcement, proposals, and abatement.)    Several proposals were sent prior, and was declined by the owner.   
  
  The leak that ****** ******* is referring too, has been an ongoing issue since 2021.  Proposals were given by two different ******* companies in regards to this leak.  (Attachment #25-***** **************) (Attachment #26-#27 ****** ****)
  
  
  Thank you for the opportunity to allow Account Property Management LLC to serve as the Property Manager at **** **** ******* ******.
  
  
  Best Regards,
  
  Account Property Management LLC
  Carol T******

  Customer response

  05/16/2024

  Hello, 

  1) The response provided by the business, claimed I was provided the following documents; however, this is NOT what was provided. So, I still need these documents from the business: 

        (i) Tenant lease for ***** *****
        (ii) Copy of court-issued eviction order/record/notice for ***** *****.

  2) There are two tenants missing, for whom I need the accounting 'Ledger' covering the duration of their tenancy at my rental. These two tenants are:

         (i) ******* ** ********
         (ii) ****** *****

  Will you please allow me the option to request documents? Right now, this complaint only provides me the option to accept/reject arbitration; however, without the above documents, I do not have all that is needed to properly evidenced what I need to, for arbitration. 

  Thank you,

  - ******.

  Business response

  05/20/2024

  This is to acknowledge, I have received additional request for ****** *******.  Currently the office will be closed Wednesday, 5/22 and will reopen May 28th.  All questions and concerns will be addressed when the office re-opens.

  Thank you.

  Carol T******

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