Complaints

• Initial Complaint

  04/30/2022

  Complaint Type:

  Billing Issues

  Status:

  Answered

  More info

  During 2021 my business was collapsing because of COVID-19 ie I was losing employees. As a result I informed CB APEX Property Management I could not renew the lease on *********************************** set to expired end of October 2021. I asked them to apply the deposit $2050 to the last month's rent of $2100. I further asked them to bill me for the $50 difference and any excessive wear and tear (there was none). They instead seized my deposit and sent my account to a collections company Phoenix Recovery Group who is demanding $2,400!! This company is usurious in it practices. I liberally granted them access to show the property yet they provided no assurances that visitors would use masks and stay a limited amount of time as a result I left the property in early October fearing for my well-being. They immediately marketed and let the property. They handed this outrageous claim for $2400 to a collections company Phoenix Recovery Group who has damaged my reputation and credit rating recklessly!! For a $50 un-invoiced amount they have cost me 10s of thousands in lost opportunities. I request yet again a) send me an invoice for the $50 and a detailed explanation of any excessive wear and tear (there was none). Call off Phoenix Recovery Group and remove the collections claim from my credit agencies' reports.

  Business response

  06/27/2022

  Business Response /* (1000, 10, 2022/05/06) */ Good morning, Thank you for bringing this dispute to our attention. As representatives of the owner. We have a fiduciary duty to follow the lease. And have to abide by the terms of the lease. That was signed by the Lessee and Leesor ***** did not pay his last months rent. Which he fully admits to in this complaint. And was fully aware per the terms of his lease. And correspondence through our office representatives that his last months rent was due and per the terms of the lease. Also was aware that he was not allowed to use his security deposit for last months rent. Page 4 Sec C(1) 92.108, Property Code provides that a tenant mayn't withhold payment of any portion of the last months rent on grounds that the security deposit is security for unpaid rent. ***** was fully aware his rent needed to be paid. (exhibit C). And agreed to pay the amount he owed and never did. . These accusations are completely false. And damaging to our company. I demand that this is taken down Immediately. Please let us know if we can answer any other questions for you. Consumer Response /* (3000, 12, 2022/05/09) */ (The consumer indicated he/she DID NOT accept the response from the business.) CB Apex denies they violated Dallas County and Dallas City regulations for those effected by Covid. They are attempting to turn a $50 difference between my deposit and final months payments a $2400 extortion. I have asked them for their Registered Agent so I may service a legal complaint. They have failed to provide that freely. This company is entirely unethical. I again state they are owed no more than $50 and any damages above normal west and tear. If this matter is not resolved here then it shall be before a jury and judge. Business Response /* (4000, 14, 2022/05/15) */ Receive Business Response Good morning, Thank you for bringing this dispute to our attention. As representatives of the owner. We have a fiduciary duty to follow the lease. And have to abide by the terms of the lease. That was signed by the Lessee and Leesor ***** did not pay his last months rent. Which he fully admits to in this complaint. And was fully aware per the terms of his lease. And correspondence through our office representatives that his last months rent was due and per the terms of the lease. Also was aware that he was not allowed to use his security deposit for last months rent. Page 4 Sec C(1) 92.108, Property Code provides that a tenant mayn't withhold payment of any portion of the last months rent on grounds that the security deposit is security for unpaid rent. ***** was fully aware his rent needed to be paid. (exhibit C). And agreed to pay the amount he owed and never did. . These accusations are completely false. And damaging to our company. I demand that this is taken down Immediately. Please let us know if we can answer any other questions for you. Consumer Response /* (4200, 16, 2022/05/21) */ (The consumer indicated he/she DID NOT accept the response from the business.) My cause of actions against CB APEX and its affiliates are as follows: 1) Dallas requires Property Managers and their Lessors to provide written notice to allow for 60 days catch-up for any delinquent rent = CB APEX provided none the deliquent rent was $50 (see Dallas COVID April 20.2020 advisory) 2) CB APEX acted negligently in how it showed the property during the peak of the COVID Pandemic. It required no person who viewed the property to wear masks nor limit their time in the unit nor sanitize themselves in any manner as a person with a compromised immune system they are the proximate cause of my injury 3)CB APEX made not effort to comply with the Texas Eviction Program nor did they offer any reasonable terms on satisfying the $50 they were due 4) CB APEX has caused me irreparable harm in excess of $50,000 due to failed personal finance arrangements that they caused to their reckless damge to my credit scores 5) CP APEX offers a credit repair business which is in direct conflict to their fiduciary responsibilities to both Lessor and Lessee. 6) CP APEX and their registered agent have refused to take service of legal documents which the Attorney General and Secretary of State have been informed of. 7) CP APEX and the Landlord suffered no damages as a result of my early departure from the property and in fact benefited as they were able to release the property earlier than if i had remained physically in the residence to the end of October 2021. Solution: Bill me for the $50 owed; any damage beyond reasonable wear ad tear (there was none) and lift the damage done to my three credit agency reports or Have your registered agent perform their fiduciary responsibility and accept service on my lawsuit against you and your landlord. Business Response /* (4000, 18, 2022/05/23) */ We are currently in litigation. All of this has already been answered in previous responses. As representatives of the owner. We have a fiduciary duty to follow the lease. And have to abide by the terms of the lease. That was signed by the Lessee and Leesor ***** did not pay his last months rent. Which he fully admits to in this complaint. And was fully aware per the terms of his lease. And correspondence through our office representatives that his last months rent was due and per the terms of the lease. Also was aware that he was not allowed to use his security deposit for last months rent. Page 4 Sec C(1) 92.108, Property Code provides that a tenant mayn't withhold payment of any portion of the last months rent on grounds that the security deposit is security for unpaid rent. ***** was fully aware his rent needed to be paid. (exhibit C). And agreed to pay the amount he owed and never did. . These accusations are completely false. And damaging to our company. I demand that this is taken down Immediately. Please let us know if we can answer any other questions for you. Consumer Response /* (4200, 20, 2022/05/24) */ (The consumer indicated he/she DID NOT accept the response from the business.) Coldwell Banker continues to deceitfully ignore the issue COVID COVID COVID COVID!! The blatantly disregarded and violated guidance from the Dallas City, Dallas County, Texas State and Federal Government. They have acted recklessly endangering the Lessee and potential Lessees. Further they ignored their responsibilities towards the Lessee in conducting themselves in a business reasonable manner and ignored any semblance of community or social responsibility. A jury will be certain to find fault in the egregious conduct. Again I respeat the legal foundation for my suit against them: My cause of actions against CB APEX and its affiliates are as follows: 1) Dallas requires Property Managers and their Lessors to provide written notice to allow for 60 days catch-up for any delinquent rent = CB APEX provided none. the deliquent rent was $50 (see Dallas COVID April 20.2020 advisory) 2) CB APEX acted negligently in how it showed the property during the peak of the COVID Pandemic. It required no person who viewed the property to wear masks nor limit their time in the unit nor sanitize themselves in any manner as a person with a compromised immune system they are the proximate cause of my injury 3)CB APEX made not effort to comply with the Texas Eviction Program nor did they offer any reasonable terms on satisfying the $50 they were due 4) CB APEX has caused me irreparable harm in excess of $50,000 due to failed personal finance arrangements that they caused to their reckless damge to my credit scores 5) CP APEX offers a credit repair business which is in direct conflict to their fiduciary responsibilities to both Lessor and Lessee. 6) CP APEX and their registered agent have refused to take service of legal documents which the Attorney General and Secretary of State have been informed of. 7) CP APEX and the Landlord suffered no damages as a result of my early departure from the property and in fact benefited as they were able to release the property earlier than if i had remained physically in the residence to the end of October 2021. Solution: Bill me for the $50 owed; any damage beyond reasonable wear ad tear (there was none) and lift the damage done to my three credit agency reports or Have your registered agent perform their fiduciary responsibility and accept service on my lawsuit against you and your landlord.

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