ComplaintsforK & R Properties

• Initial Complaint

  02/05/2024

  Complaint Type:

  Product Issues

  Status:

  Answered

  More info

  We put in an offer on a property (Condo) listed by ***************************************** from K&R Properties of ************ **** We paid $2500.00 for due diligence and $2500.00 for ******* money as agreed on the purchase offer. Cash offer with closing date of 2 weeks: January 16,****. January 16, **** arrived and no extension was provided by listing agent to extend the contract, so we decided to wait the extra 7 days per contract allowed by law to close. Those 7 days past and closing did not happen even though we were more than ready to close. This listing agent used all the excuses available. That he was vacationing, that the sellers were vacationing, that the seller was bedridden, that they were waiting on a POA to finish the sell, ect. But an extension was never signed. Sellers BREACHED the contract by not being ready and willing to sign on the date we agreed and by not submitting an extension on time. So, on Tuesday January 29,**** we asked for our $5000.00 money back and agent does not want to return it because on his opinion was not their fault but once again, they BREACHED the contract. Condo is back on the market and they still don't want to return the money we are ***********.

  Business response

  02/05/2024

  First of all I am a Realtor and have no liability in regards to Due Diligence money that transferred between the Buyer and the Seller.  The Buyer's Agent should  have explained to them that once they send that money it belongs to the Seller regardless of whether or not the deal closes.   The *********** Agent tried to email me on Friday 1/12 to change the name of the Buyer by adding a 2nd Buyer to the Contract when the scheduled closing date was Tuesday 1/16.  From the beginning of the process the *********** Agent has had issues getting documents to us that can be downloaded.  She had tried multiple times on the 12th but was not able to get me a downloadable version until 4:00pm Friday 1/16 after I had left town for the long Holiday weekend.  I explained to the *********** Agent on that day that I would not be able to deal with it until Tuesday 1/16 after the Holiday.  This would be on the proposed closing date of 1/16 and the Seller is in *********** and would still need to sign the corrected documents and notarized after receiving them via 2 day Fed Ex from the closing attorney the Client hired.  They would then have to be sent back via 2 day (only option) from *********** back to the closing attorney.  Knowing this, the *********** Agent should have sent an amendment to the Contract to extend the closing date when she sent over the forms to add a 2nd Buyer but she never did this.  There was also a POA that had to be signed and notarized before the closing docs could be created and signed which was also time consuming.  The Closing Attorney had all the documents at the end of January and the *********** could have closed but chose not to, probably b/c they had found something they liked better.  As I told their Agent if they want to pursue the Seller to try and get back their Due Diligence money they would have to do that in Court....or they could close on the property.

• Initial Complaint

  11/04/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  I hired K&R Properties to **************** property for just over two years, March of 2020 through April 2022. The first tenant was someone I knew and screened prior to being in my home and during his rental agreement there was indications of a lack of professionalism. Being under contract and living abroad, I kept the contract with K&R Properties which they placed the next and final tenant with multiple issues never being addressed by K&R Properties. In January 2022 the tenant be evicted as his payments were not on time and multiple months were not paid in full, no action was taken. In March, **************************** deposited another rental property owner's income into my account leading me to believe my tenant paid a partial amount instead of the rental agreement of $995 per month. I attempted to contact **************************** via email and phone call, yet his communication had only been through text message. Our last communication was on 18 May 2022. I had repeatedly asked him for the corrected May statement and the pet addendum form from the tenant's contract as he failed to provide this form when asked since January 2022. Although the tenant left damages exceeding the security deposit, **************************** claimed $184.08 of an evicted tenant's security deposit from my property stating the coverage unpaid rent is priority over damages and his company is entitled to remove the property management fees. This is broken down to one full month rent and one prorated month rent due to court eviction of tenant on 26 April 2022. He took out my reserve and pet deposit to cover the misappropriated funds for the other property prior to giving me any of the security deposit. He sent a modified statement on 18 May 2022 and information that an unaccounted $194.80 from the remaining security deposit was deposited in my bank account on 19 May 2022. His revised statement did remove management fees yet did not provide proof unpaid rent is more important than damages.

  Business response

  12/09/2022

  This is the first we have heard that the first Tenants "indicated a lack of professionalism". I'm not quite sure what that means as those Tenants never had an issue and all maintenance issues were handled in a timely manner. All maintenance issues are initiated through our Tenant Portal and every service ticket was resolved so again not sure what you mean by "multiple issues never being addressed". It was our recommendation to have the Tenant evicted due to paying late every month, which we did. As I explained before, a money order for the same partial amount that your Tenant paid each month was accidentally applied to your Tenant's account which was quickly caught and explained to you. I sent you the additional $194.80 along with a revised statement on 5/17. I'm not quite sure what resolution you are looking for....

  Customer response

  12/12/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  As stated previously, due to the lack of explanation along with the lack of professionalism the owner would report K&R Properties to the BBB. The lack of professionalism from the beginning was in part to the need from the owner to address the standard upkeep with the established termite inspection, which lapsed during the next/final tenant. Multiple issues not addressed sit with the December 2020 inspection finding the unauthorized outside structure and the dog caused damage to the structure of the dwelling. Neither of which was told to the owner and no attempt was initiated to fix any issues. ***********************'s recommendation to evict the tenant was NEVER initiated prior the eviction. The owner had to press until your company started the process to evict even though, as **************************** stated, the tenant failed to pay rent on time from June 2020, one month after the beginning of the lease. The quick and resolution of the falsely paid rental amount was not completed promptly, over one full month had gone by before the realization of the wrong address. Notification of nonpayment was emailed to K&R Properties on 17 March and on 13 April the wrong deposit was made, and this was corrected with **************************** just took from the security deposit. None of which was quickly made by the property manager and had to be deciphered by the owner and the multiple incorrect statements received. The final "revised statement" on 17 *** was a complicated read with negative balances in the reserve, multiple charges to include late payments (none of which should have been indicated as this was an agreement with the tenant), and a negative $1500.97 balance to the owner. After contacting *************************************, there is no priority of allocation to the security deposits to pay the property manager company rental income fees over the property damage. The withheld fees of $184.08 for management fees still has not been explained from *********************** nor was there ever the provision of the pet addendum clause, as asked for multiple times to include the initial complaint to BBB. There is no legal documentation that K&R Property was entitled to the $184.08 taken from the security deposit.

  Business response

  12/15/2022

  The fact that the company you use for your Termite Inspections didn't bother scheduling the inspection is a lack of professionalism on their part, not ours. The outside structure that we noted in our inspection would have been disposed of upon the Tenants' move out and the expense paid for out of their deposit. Since you demanded to take care of all the move out expenses yourself we were not given this opportunity. I mentioned to you in multiple emails in the months leading up to the eviction that this was the route we were going to have to go. You can see the first of those correspondences via email on 11/19/21 at 6:44am which you responded to and I'm happy to print those off and upload them if you don't have them. You never had a negative $1500 balance to owner on your May statement. the "-" in front of the balance next to "paid to owner" on your monthly statements is a negative to us since it is leaving our bank. This is how it has been in the 2+ years we have been doing business with you, not to mention those funds hit your account shortly after the statement was sent to you. I actually did speak to the ***** and this said you definitely take the mgmt fee first before any other expenses and they will tell you the same thing as well as refer you to Part 3 Section A of your Management Agreement which states that K&R Properties "gets 10% of total gross income received on all rental agreements." The withheld fees of $184.08 were mgmt fees for ************** As you are aware the Tenants didn't pay rent for March and April so when we applied their double security deposit to the outstanding rent charges for ************* (pro-rated) it came out to $184.08. We are not attorneys and cannot change the verbiage of the **** Pet Addendum. The legal documentation that reflects our entitlement to the $184.08 is pasted above from your **** Management Agreement.

  Customer response

  12/19/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  I continue to not accept the response from the business, K&R Properties, since the unprofessional practices which contradicted the agreement in a "grey area". The company did not legally break the contract, yet failed to uphold the agreement to collect rent and felt the need to remove management fees that were not earned. I will provide further detail below for clarification. Removing all rental income not collected by K&R Properties from the total of the security deposit of $1,990 leaves $58.17. K&R Properties removed management fees from my earned income of even though this company continued to profit from the numerous late payment fees of $99 each of the nine (9) months the tenant did pay. Further indication that the *************************** failed to follow contract agreements, such as keeping the property free from damage and collecting rent each month.
  As directed in numerous emails, the termite inspection needed to conduct a walk-through of the garage and backyard to get under the house. K&R Properties did pay the annual fee following my continuous guidance yet never coordinated the entrance into the property to complete the inspection as the termite company called multiple times to the number provided by **************************. Following up was the responsibility of the property management company hired to complete the requested and agreed upon tasks to keep the property in a good and livable condition.
  Regarding any emails stating expenses would be taken care of by the owner did not happen as early as November 2021 it wasn't until February 2022 when notification from owner to not renew rental contract with tenant for any additional time frame. It was the owner that repeatedly requested explanation or court proceedings be initiated as rent was not paid on time since June 2021, one month following the move in of the tenant. Full rent was never recovered for November 2021 (lack of $74.50), which indicates the lack of record keeping on part of the ***************************. This is also accompanied by the complete misappropriation of another properties fund being added to my account and not discovered for over one month: March 17, 2022 **************************** was notified of that month's non-payment; March 29, 2022 **************************** stated partial funds received; April 18, 2022 **************************** called me to inform me of his lack of ability to process payment for the correct property. Multiple statements with vague sums and lack of communication to where funds were placed continued over the year the tenant occupied my home.
  The lack of respect and follow through of a company while a tenant failed to pay rent and keep my property in good livable condition showed no indication that *********************** would be able to repair my home in a timely manner or handle expenses professionally. The actions taken are unacceptable for a professional company and my complaint remains filed with BBB.

  Business response

  12/21/2022

  We collected all rents as well as having the Tenant evicted. Had you allowed us to handle the move out repairs/etc...like we do with all other properties then we could have gone after them in court for damages although we would have had to be able to locate them in order to do that so they could be served. Mgmt fees were definitely earned and nobody works for free. Nowhere in the contract does it state that we will keep the property free from damage as we don't live in the property to be able to prevent a Tenant from damaging it. We do inspect every 6 months where we do identify damages and have them rectified. Again, **************** thought it was in her best interest to do all cleaning and repairs herself with no invoice to us to be able to go after the Tenant in Court. As far as the Termite Inspection goes we cannot physically force the Tenant to allow the *************** to come inside the property. If that was a deal breaker for you then you should have let us know that when it occurred. I have an email I would like to upload btwn **************** and I from 11/19/21 where I respond to her email about the rent letting her know that we told the Tenant we needed it by the following Monday or we would take them to Court. You can see that **************** says nothing about wanting us to evict her or go to court, yet I proposed it to her. Please let me know how I can upload or fwd this email to the BBB as I don't see an option for that. We kept two late fees that totaled $99 and that was given to **************** in May even though it is supposed to go to us. As far as the accidental processing of a rent payment to ******************** property she seems to feel she is entitled to that money even though it was from a Tenant at another property. We have about 7 Tenants out of 150 that pay via Money Order and two of them have the same rent amount and both pay with one $500 Money Order and an additional Money Order. This is why it was accidentally put in her Tenant's account and caught within a few days...not a month like **************** says. But again she feels she is entitled to this money b/c of an accident on our part. I won't be responding anymore unless it is to upload or fwd email correspondence btwn **************** and myself reflecting everything I have posted here.

  Customer response

  12/22/2022

  (The consumer indicated he/she DID NOT accept the response from the business.)
  The response from **************************** contains false information and his responses continue to shift blame to any party other than his own company. There was never any claim to any funds that were not due to myself, nor my lack of support to evict the tenant I quickly repaid the false rent payment after the notification one month from the rental due amount, which caused me to be in the dark and not force eviction since K&R Property stated they could not evict since partial payment was received. ******************************** communication was intermittent and vague. I submitted this BBB claim originally to resolve issues of K&R Properties in handling of business inappropriately, this has not been resolved and my claim remains.

  Customer response

  12/22/2022

  ***Document Attached***
  Attached is the email and repair estimate sent to K&R Property stating issues with the company and lack of communication to handle specifications based on the management contract.
  See Attachment/File: Estimate_1020_from_Huggins_Home_Repair_and_Remodeling_For KR *******************

• Initial Complaint

  09/15/2022

  Complaint Type:

  Customer Service Issues

  Status:

  Unresolved

  More info

  We have been having trouble with our upstairs ac unit for over 3 months. Now my kids have been sleeping on the couch for 2 weeks because Nina refuses to answer the phone or emails to get the unit fixed. We also had a tree fall during a storm and destroy or back fence. That was over a month ago. We have had one guy come out and look at it. That's it. No response from Nina at all on the status of fixing the fence. Again, no-one answers phone calls or emails or even has the professional courtesy to return a call! I have attempted to call this company everyday this week. No answer. No response.

  Business response

  11/29/2022

  Business Response /* (1000, 11, 2022/10/12) */ The hvac system has not been broken for 3 months. It had stopped working 3 months ago but was then fixed. A couple of months later it stopped working again so the Owners decided to replace it. It took a couple of weeks to get multiple estimates as there aren't too many people that deal with mini-split systems. We dropped off our own portable hvac unit for the Tenants to use in the bonus room until the other unit could be replaced which was done over a week ago for $5000. When we dropped off the portable unit the Tenants had already bought a window unit that they were using. Consumer Response /* (3000, 13, 2022/10/13) */ (The consumer indicated he/she DID NOT accept the response from the business.) This is not the platform to argue but the HVAC system has 100% been down or not running efficiently for most of the summer. The first estimate back in May I believe was given and the contractor stated the unit needed to be replaced then but Band-Aids were put on a 23-year-old system. The window unit was purchased because your office refuses to answer emails, calls, texts, and work orders and my boys bedroom was routinely 85 plus degrees. A portable unit was finally brought out but even in combination with the window unit the room still stayed around 80 degrees during the day. Was the problem fixed? Yes. Was it fixed in a timely manner and a manner in which shows concerns for your tenants? Absolutely not! Then there's the issue of the fence. It is still in need of repairs and/or replacement. A tree is still down, the back section is still broken, the side panels are falling into the neighbor's yard, and the gate does not work. I've seen one contactor come out over 2 months ago and not a single word until this week when Nina showed up to take pictures. I understand you have to get approval from the homeowner, but you also have an obligation to get the property back to a level at which it was when the lease was signed and do so in a timely manner.

*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. ↩