Complaint Review: Commercial Property Management

On December 13, 2009, my husband and I signed a contract with your office to rent the property mentioned herein above. On December 20, 2008 we fully moved in. Here is an account of the problems we have encountered since we took possession of our new home.

Before renting this property we were assigned Sandy at your office as the person who would be handling our rental. During the first week of December we did a walk-thru with Sandy and identified a number of issues we felt were in need of repairs or attention. The most serious issues to us was the chimney needed to be cleaned for the wood stove as it was completely full of partially burned mail from the previous tenant and ash from previous fires.

Additionally, we identified that the garage door opener needed to be produced; the fence to the driveway needed a new latch; the security system, we requested the brochure for operation; there is a pipe hanging off the roof just above the kitchen window that we felt needed to be secured or removed, and we requested a schedule for pool maintenance as the landlord has hired this care out.

These are just some of the things that were promised to us by Sandy, and she assured us that they would be done before we signed the contract and took possession of the house. However, upon moving into the house on December 13, we noticed that none of the items discussed with Sandy had been accomplished.

When we signed our contract with Tina at your office she gave us a packet which included a check list of how the property should have been cleaned. I have enclosed a copy of said check list showing large number of items which were not cleaned prior to our taking possession. Additionally, I have included the list of damages to the rental which were here when we took possession along with a CD of pictures I took at the same time we did our documentation.

I feel the worst thing that we were left with is the previous tenant's dog feces and the cat liter pile with the cat feces in it next to the pool house as well as all the garbage strewn throughout the entire back yard. Question - if I am required to return your rental according to the check list, why was I presented with a home that was not cleaned to these specifications prior to my family and I taking possession?

On Sunday December 21, 2008, which was our first weekend actually living in our new home, we were faced with clogged drains when we took showers. I called your office and Jeff dispatched out a plumber who informed me that the main sewer line to our new home is clogged by roots from a bush in the front yard as well as several poplar trees that are on the side of the house. This bush and these trees have grown through the main sewer line of the house.

Additionally, he identified that the sump pump under the home is in non-working order, and there is 18 + inches of standing water under this home. In contacting an attorney I used to work for, who lives 2 blocks over from us, he said that every home in this area has water under it, and they all have sump pumps, and furthermore, the sump pump under this house needs to be in working order for the home is inhabitable. This was a very informal inquiry on my part. However, he is reviewing my contract as we speak, and there is more information further in my letter regarding the contract.

Incidentally, the plumber informed me that he would give a full report of his findings and recommendations to Sandy and she would contact the owner and I would be advised about the necessary repairs and shrub and tree removal the next week. When I called Sandy about it the following Monday morning, she informed me that the plumber had told her that the sewer line was fixed and there would not be any other necessary repairs. I asked her why was it that the plumber had left the main sewer line clean out dug up in my front yard and the end of it exposed. She could not answer my question. The main sewer line is still exposed and sticking up in the air, for future access by the plumber because there is and will be on-going problems with the sewer line at this property. Just for the record, I am not going to live with the main sewer line exposed.

The standing water is an unacceptable health issue and it needs to be addressed by the owner. Standing water can and does cause a black mold to grow. Black mold called Stachybotrys mold, which is a known toxic mold to humans and animals, according to the CDC. See attached report from their website. Our minor son suffers from Asthma and the crawl space to access under the house is in Matthew's room. I need the peace of mind knowing that when there is water under our new home, I can get rid of it with the sump pump. I do not want my son, or any member of my family, including my animals to become ill from the standing water; not to mention that my dogs could contract heart-worm from breading mosquitoes in the standing water. Sandy informed us that the landlord said that the pump had not worked for 7 years and he would not be fixing it.

Being that the owner previously knew about the standing water and the non-working sump pump are matters that should have been disclosed to us prior to executing a contract with your office. However, these items were not divulged to my husband and myself prior to signing a contract to rent a house that was presented to us an inhabitable rental. Again, this is unacceptable to us and I informed Sandy of that, and to date I have not received a response from her on this matter.

I feel that my husband and I have done everything in our power to make this a home for our family, and being that your office did not disclose the fact that there is standing water under this home and a non-working sump pump, with the possibility of Stachybotrys mold and other toxic organisms under this home, your office is in violation of the Oregon Renters/Landlord Act. See attached copy of such.

My husband and I made several attempts to engage Sandy in getting all of these issues cleared up, and every phone call we were told that Sandy would contact the owner and get back to us. After several days of this, and mind you, we had only been in our new home for about a week, Sandy informed my husband that we were to deal with the land-lord directly and not to call your office. Again, this is something that was not disclosed to us prior to executing a rental contract with your office. My contract clearly says that I am to engage your office for necessary repairs not the home-owner.

At this point I called and asked for the office manager and was put in contact with Samantha, who in turn contacted Sandy and some of our questions were finally answered, with the exception that we have now been told that there is no garage door opener, even though we were promised one, and that the owner is not going to fix the sump pump. This again, is unacceptable. We want the sump pump fixed and we need the garage door opener for our garage. We paid a $150.00 fee for re-keying this house, and feel that since the 2 sliding doors on the home don't even lock, let alone have a key, however we are requesting that the garage door opener be replaced by your office.

After repeated calls about the chimney being cleaned, it was finally accomplished about December 29, 2008. After we moved in we realized that there was no water going to the dishwasher, so I placed an online work order on Sunday December 28, 2008. After 2 days of not receiving any follow up from your office, I called in only to find out that, per Sandy all online work orders go to the Presidents computer, he prints them off and distributes them and so far no one had received a work order from me for the dish washer. So, I took that in stride and said could you please send someone out?

On Monday January 5, 2009, Oliver finally contacted me and came out to repair the dishwasher. If the online work order system is broken, my recommendation is get it fixed. It clearly states in my rental contract that I signed with your office that this is an option I have for initiating necessary repairs.

On New Years Day, we woke up to backed up toilets once again. Once again I called your office and someone dispatched out the same plumber who cleared the lines last time. Once again he reiterated the need to take out the trees beside the house as well as the bush in front of the bay window in the front of the house so as to completely fix the main sewer line from the home to the street. I asked that he relay that information once again to Sandy and he said he would. However, to date, I have not received any follow up on this matter from Sandy.

When we signed our contract at your office, we negotiated with the owner to be allowed to do our own yard work, which was something he was going to pay to have done. However, we enjoy yard work, and wanted to do it ourselves. See attached advertisement from your website prior to us renting this house, showing that the owner will do yard care. Additionally, according to the ad from your website, the owner is to pay trash services and per our contract.

Upon the first week of trash service the trash company left us a note telling us to call them, which my husband promptly did. They informed him that we had to pay for our own green can service. When my husband called Sandy she informed him that the owner would pay trash, but since we are doing our own yard care we are responsible for the green can. This was never discussed with us, and it was never agreed to by us, so my husband asked Sandy to inform the landlord that if he is unwilling to pay for the green can yard debris disposal, then he can hire the yard care to be done.

To date, Sandy has not return our phone call to tell us what the landlord has decided with regards to yard care. The garbage service people did pick up the green can this week and consequently, we do not have any way to dispose of yard debris. This is unacceptable to us.

On January 2, 2009, I stopped in your office to pay my monthly rent. I paid with a check, and asked for a receipt, which fortunately for my accounting records, I did receive. On January 8, 2009, my husband noticed a piece of paper taped to our front door informing us of a 72 hour notice and that our rent was now 8 days past due and they were assessing a $50.00 late feel. Please refer to the receipt attached to this letter showing that I paid my rent on January 2, 2008, as well as a copy of the 72 hour notice. It was not bad enough that the letter was taped to our front door, we received the same thing in the mail on Saturday January 10, 2009.

In our whole lives, neither my husband or I have ever been accused of failure to pay rent, and now we have been served on our front door as well as by U.S. Mail. We find this treatment by your company down right indignant, especially considering we had already paid our 1st full month of rent in person at your office on January 2, 2009.

I am formally requesting that the following things be corrected at the 2744 Tonia Circle property:

1.Assignment of someone other than Sandy to be our property manager, preferably Samantha.
2.Proper assignment of my rental check on a monthly basis.
3.Maintenance schedule for yard-care, or have the owner call Rogue Disposal and have the green can brought back at his expense.
4.Maintenance schedule for pool care.
5.Provide a garage door opener.
6.Instruction book for security alarm system.
7.Sump pump under the home in working order, whether that be repairs to the existing unit, or replacement of the sump pump that is under the house.
8.Mail sewer line to the street repaired and the clean-out spout re-covered.
9.Piping above the kitchen window secured or removed.

I do not feel that these issues are anything more than what we were promised by Sandy, and no less than I expect from a professional company who is managing this, or any other rental property.

Since we moved in, my husband and I have fixed and/or repaired the following things:
1.Heavy-duty dowel rods to secure the 2 sliding glass doors with no locking mechanisms.
2.Installed door stops on several doors in the home.
3.Installed a new latch on the gate by the driveway.
4.Cleaned the house through-out.
5.Replaced the dirty furnace filter.
6.Replaced several burned-out light bulbs, including the appliance light bulbs.
7.Fixed the back porch light which was in non-working order.
8.Fixed the light switch in one of the bedrooms.
9.Bought new filters for the kitchen hood exhaust fan, as well as a new light cover for it.
10.Cleaned up dog and cat feces from the back yard as well as the trash through-out the back yard.

These are not extra-ordinary repairs, but the reason I mention these things is first and foremost because these things should have already been in working order, and more importantly, to establish the fact that we love this house and are willing to undertake normal repairs and maintenance of this home without calls to your office.

Please contact me to set up a time to discuss all of these issues with resolution. My husband and I both work full time during the day. However, we could meet at your office after work one evening. I want to resolve these issues and matters face-to-face and create an addendum to our contract, if necessary.

Mrs-Sunbaby
Medford, Oregon
U.S.A.