Complaints

The complaint text that is displayed might not represent all complaints filed with BBB. 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.

• Initial Complaint

  Date:09/18/2024

  Type:Sales and Advertising Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  My son **** and his roommate **** rented an apartment from Partlow Investment Properties, Inc. The last day they were in the apartment was June 30, 2024. I had called the office 4 times asking about the status on the deposit refund. Each time they told me that they were short staffed and had to wait until someone could get to the apartment to do a final inspection, and no one seemed to think this was of an urgent matter. It wasn't until September 8, 2024 that we finally received a check in the amount of $65.57. My understanding is that Utah laws are strict on returning security deposits. If the landlord doesn't return the security deposit within 30-day limit, the tenant can receive their full deposit AND $100 in civil penalties. I called 2 times after receiving the check and no one has returned my phone call.

  Business Response

  Date: 09/20/2024

  Hi ******,

  You have not received a call back because you are not the prior registered tenant of Partlow Investment Properties, so we cannot discuss specifics surrounding this account.  If your son is not satisfied with his deposit refund, he needs to personally initiate contact with my office to discuss the specific charges.
  

  In regards to Utah law though - While it is true Utah does require the security deposit to be returned within 30 days... after ************************************************** disposition has not been received, it is a tenant's right to serve a 5 day demand notice to the landlord, which then allows the landlord 5 days to comply- by either responding with a full refund OR providing a disposition explaining any deductions. 

  If the landlord complies with the notice, the tenants notice is then cured and there is no penalty.  The $100 penalty is ONLY pertinent after the fives days has lapsed, IF the landlord has not complied within the 5 day window.
  

  Here are excerpts from the statute surrounding the tenant's notice:
  

  "NOTICE IS HEREBY GIVEN THAT WITHIN FIVE (5) CALENDAR DAYS pursuant to Utah Code Sections 57-17-3 et seq., the owner or the owner's agent must provide the tenant, at the address below, a refund of the balance of any security deposit, the balance of any prepaid rent, and a notice of any deductions from the security deposit or prepaid rent as allowed by law."

  "NOTICE IS FURTHER GIVEN that failure to comply with this notice will require the owner to refund the entire security deposit, the full amount of any prepaid rent, and a penalty of $100."

  And below is a link to the statute in full. If you take the time to read through it, you will see that we are not in violation.  In sending a disposition breaking down the charges, and the check for any remaining deposit, within the five days allowed within a tenant demand notice - the cure was met.

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

  Again, if your son has any questions or concerns surrounding his deposit refund, please ask him to reach out to us directly.  We only discuss account detail specifics with the parties named on the lease agreement.
  

  Sincerely,

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

  Associate Broker

  Partlow Investment Properties, Inc.

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

• Initial Complaint

  Date:06/17/2023

  Type:Order Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Landlord is attempting to recover costs that are inconsistent with **** State Law. This includes rekeying of locks when the landlord is required to do this prior to accepting another tenant. Requiring 30 days notice of vacation and when month-to-month arrangements only require ***************************************************************************** effect for two years (arrangements for a month to month and certain elements of contract is no longer valid). Attempting to collect additional rent past due date of vacation of the premises did they were notified of and acknowledged. In general attempting to collect additional fees that exceed what is allowable under the law.

  Business Response

  Date: 06/28/2023

  Hi ******,

  I am just responding to your **mplaint, though I am not sure this is the proper platform to discuss as you have directed me to direct any further **mmunication to your attorney *********************, ******* & ***** ************ (on  06/17/23 at 11:19am).

  The original lease agreement is written as such that the terms **ntinue on a month to month basis following the original term. Not only is this a legal way for a lease agreement to be written, it is standard practice - otherwise how would a landlord enforce ANY rules over the **urse of residency where the tenant stayed beyond the initial term? 

  As I understand it, you have 3 **ncerns:

  1.) A 30 day notice was required.  You have already fulfilled and paid for the required notice. 

  2.) You did not turn in keys upon your exit but do not want to be billed for lock changes.  I already let you know that as we found our key **py I will not have to bill you for a rekey.

  3.) You do not want to pay for the extra days between when you previously stated you'd be out- 6/9, and when I texted you to ask if you were out yet -06/16- and got actual **nfirmation.  Without keys being turned in after you were done with the unit, and without even a phone call to **nfirm you had left, we had no way to know that you were actually out.  Imagine if we HAD taken over the unit 06/10 and started cleaning the place, or re-rented it - you **uld have sued us for not **nfirming you were done with the space.  Even though rent was only paid through the 9th, without keys or **mmunication that you're truly out and done, the re**urse for the property management ** is posting abandoned following a skip check OR filing eviction if it looks like the tenant MIGHT still be there but rent hasn't been paid. The lease is clear that you are billed for rent until keys are turned in, AND the email I sent you 05/10 following your submission of notice to vacate, which my system shows you opened, also reiterated that rent is billed until keys are turned in to our office. 

  While we have full right to bill you for that extra 7 days, until we had actual **mmunication that you were truly out, I am willing to split the difference.  We are not trying to bill "gotchas" but we COULDN'T begin turnover procedures until we had actual **mmunication that you had left. 
  

  Thanks ******,

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

  Partlow Investment Properties, Inc.