ComplaintsforScott Properties LLC

• Initial Complaint

  05/31/2023

  Complaint Type:

  Service or Repair Issues

  Status:

  Answered

  More info

  I am a tenant with Scott Properties, LLC in ********, ******. I have been a tenant here for almost a year and the landlord/owner Sue ********************* and the property manager, who is also the owners daughter, ****** ********************* have committed several acts which are very concerning. When we first moved in ****** and *** told ** that according to ****** law, we needed to provide the rent on the first of every month and would not change the rental date. They said several times over the course of a year that this was required by law. I do not get paid until the 20th of every month, and so every month I was charged an additional $75 despite my requests to change my due date. This did not make sense, as I have rented in ****** for several years and I have never had this happen. Finally, I looked up the law being cited, and found out that the law stated that rent was due on the first of the "rental period" every month, and the law explicitly stated that the rental period did not have to start on the first of every month. When I told the ****** and *** this via letter, ****** bombarded my phone with abusive texts and showed up at my door in the middle of the night crying. Then, they denied my request to change my rental due date. Over the last twelve months I have paid over $900 in late fees and they refuse to change the due date so I won't accrue these late fees. I suspect they are doing the same thing with every tenant in our building. Additionally, ****** and *** demand that rent be paid via cashiers check. My bank does not issue cashiers checks, and when I give them a paper check they wait two to three weeks to cash the check, and then charge us "bank fees" for the check bouncing. I was told recently by *** that she does not get charged bank fees, but charges for them because the lease says she can. These are two issues out of many.

  Business response

  06/06/2023

  I was disappointed to hear we received a complaint. But am thankful for a chance to respond. 

  Overall, it is possible that these tenants are most upset because we are not renewing their lease.  We gave them a legal 90 day notice a month or so back, and on May 24th, gave them a check for $3300 for relocation.  Which has been cashed.  And a few days later, they still bounced a check to us. That was upsetting for us.  But, anyway, here we are with their list of complaints.  I would like to go through these complaints, one at a time.

  Complaint:  When we first moved in ****** and *** told ** that according to ****** law, we needed to provide the rent on the first of every month and would not change the rental date.

  Response:  The tenants agreed to and signed their lease, last July.  The lease clearly states rent is due on the first of the month; and late fees begin on the 5th.They could have had a conversation with ** prior to signing their lease.  It is our policy to set the first as the rent due date for all our rentals.  (Our mortgages, insurances and other expenses that are due the first week of the month keep ** under deadlines to get rents in the bank.. All other tenants currently have rents due on the first.  And we try to keep things equal and simple. Plus, it's more book work and headaches to have different tenants pay different days.)
  

  Complaint:  I looked up the law being cited, and found out that the law stated that rent was due on the first of the "rental period" every month, and the law explicitly stated that the rental period did not have
  to start on the first of every month.

  Response: Due dates are our discretion, and set once a tenant has signed a lease. They have signed a lease that says the first.  We expected that is what they would do.  We try to keep our policies uniform across all residents. Our leases are drawn up by a professional management company and they all say rent is due on the first. Rent being due on the first is our common belief and what we tell our tenants when they sign.  
  

  Complaint:  ****** bombarded my phone with abusive texts and showed up at my door in the middle of the night crying.
  

  Response: There is no way i believe our manager, ******, (our daughter) showed up in the middle of the night crying or sent abusive texts. ****** has managed for ** for over 8 years and no tenant has ever lodged a complaint, even remotely like their complaint. I would be more than happy to share our texts with these tenants with the BBB. In fact, it is their texts that accuse ** of lying and fraud, many times.  They are always quoting the laws to ** and telling ** we are inept and dishonest in so many words.
  

  I would also add for the record, that there was an incident last month, which is exactly opposite of their complaint.  Our manager needed to post a notice on their door.  The tenant heard her at the door, and then ripped the notice out of her hands and eventually threw it at her while she was walking down the stairs.  That tenant then followed her screaming all the way to her door and wanted to talk. ****** lives alone and it was very upsetting for all of **. He said he was upset at that point and meant no harm. Still, it was scary.  ****** has baby sat these people's cats for them on occasion and given them space in the lot when they had car trouble.  So crying at their door and sending abusive texts is hard to fathom. I can give you references from other tenants, too.
  

  Complaint:  Then, they denied my request to change my rental due date.

  Response:  That is true.
  

  Complaint: Over the last twelve months I have paid over $900 in late fees and they refuse to change the due date so I won't accrue these late fees

  Response:  To date, I show only $150 in late fees have been paid.  Do they have receipts or cancelled checks for this $900?  They currently owe other late fees; but those are still unpaid. 

  Complaint:  I suspect they are doing the same thing with every tenant in our building.

  Response: No, we are not.

  Complaint:  Additionally, ****** and *** demand that rent be paid via cashiers check.
  

  Response:  According to their lease, if a check is dishonored for any reason, we can charge them for Bank fees plus $35. I assume the $35 is for our troubles in chasing down the money and dealing with a shortage of funds in our own account.  According to our lease, once a single check is dishonored, we can require a money order for all future rent. They have had two dishonored checks.
  

  Complaint:  My bank does not issue cashiers checks, and when I give them a paper check they wait two to three weeks to cash the check, and then charge us "bank fees" for the check bouncing. I was told recently by *** that she does not get charged bank fees, but charges for them because the lease says she can.

  Response: I fail to see how their bank's policy on money orders has anything to do with **, or this issue.  But, they are aware, that right across the street from our apartments is a Plaid Pantry that does Money Orders all day long.

  Regards the delayed deposit they are claiming:  The date they say they gave ** that check is different by a few days from when ****** said she saw it in our rent box. We did deposit it within the week. Our bank holds their checks now for 7 days, as they've bounced checks in past.  Tenants are in charge of their finances and the checks they give for rent; we are not going to start checking with tenants to see if their checks are still good. As a common sense proof, I can tell you our mortgage and insurance is due on the 7th.  That means that almost all checks have to get deposited pretty much right away or we struggle to meet our obligations.

  Complaint:  she [***] does not get charged bank fees, but charges for them because the lease says she can.

  Response:  This is true. Dealing with a bad check takes a fair amount of time to deal with.  Contacting the tenant for payment, and then dealing with missing funds that the bank takes back. Most of the time it is a simple error, so i am glad to let it go. But  In some cases a legal form becomes necessary and then an attorney is involved and that runs about $400.  They have had 2 dishonored checks and still owe for June,  I'm a little on the short side of patience with these two, and we have incurred legal fees, so I think $35 is the least amount that should be charged.

  Finally, BBB, thank you for your time to contact me and for all your good work.  We are glad you are there.  Let me know if you need a copy of their lease (if i can legally give that to you?) or any other paperwork, that i could legally give you to resolve this issue .  My phone number is ************ if you prefer
  

*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. ↩