Complaint Review: 11 Old West Chapel LP - Asheville North Carolina

In case Mr. Huxley reads my rebuttal and decides to respond that I owed him for "damages" to the property, I thought I'd add this. Though there were no damages and the house was impeccably cleaned, the conscientious landlord showed up to the second court appearance with a packet of supposed damages I owed requiring him to keep my security deposit. These included the need for a professional cleaning crew (not only unnecessary, but isn't that what a landlord is supposed to do between tenants?), a fence (we never used as we had no pets) that was falling apart when we got there, and a dead azalea bush (really, guy?).

There was a whole bunch of other ridiculousness in the packet, but those were my favorites and the most comical. Try as I might, I could not stifle my amusement with the absurdity that was happening before me . Obviously the judge did not side with him. P.S. Regardless of all the absurdity, I posted the listings for your houses in my mom's group and I hope you get some great tenants. Be well, Tripp.

Since Mr. Huxley decided to mention me by name, I felt I should say a few (ha) words. I was the other half of "the Pearce's", but rest assured I had absolutely NOTHING to do with this report as I considered the matter over and done. All information, public naming, and abysmal grammar contained in this report are the author's and his alone. If you can sort through the ramblings, everything my ex-husband said happened actually happened. After big rains, water would shoot up from the manhole cover like a geyser, and toilet paper (and once an old tampon, ewww) would be left in the front yard. This was an ongoing issue the entire time we lived in the house. For the unhappily named tenant above, there was a drought the summer he moved in so of course he wouldn't have had the same experience we did. All records of calls to MSD and their trips to the property can be obtained and proven to be true. It's been several years, so hopefully those issues have been resolved.

We did buy a house on the same street, but it is across the street, several houses down, on a hill, and completely unreachable by these issues. New construction, 5 minutes from downtown, and in our meager price range was just too good to pass up. Tampon geysers be damned. As for "bitter lease-breakers", now it's time for the rest of the story. If I remember correctly we closed on our new house around the middle of June, but our lease went until the middle of July. I notified Mr Huxley via email that we would be leaving in June. Knowing we couldn't afford both mortgage and rent simultaneously, I told him to keep our security deposit instead of having him turn around and give it back to us a few weeks later. I had been renting very successfully for 10 years, and none of the 6 or 8 landlords I'd rented from had ever kept one penny of my security deposits. I truly thought this an amicable solution for both parties because nobody would be out any money.

I spent almost a week meticulously cleaning and touch-up painting the entire house just to be sure there was no way I could be charged for anything. The house was in better condition than when we moved in as no painting was done for us. I distinctly remember hanging my art on the previous tenants nails. Even Mr. Huxley himself stated in court that the condition of the house when we moved out was "quite good". I took it upon myself to find a new tenant to take over the remaining month, but unfortunately the person I found couldn't move in until August. By the time I found this out, it was too late to find someone else. A compassionate landlord would have been understanding of our situation since he would not have been out any money, and because the house was move-in ready. I thought the situation was done. However, a few weeks after we moved out, I discovered he was taking me to small claims court for July's unpaid rent. He didn't name the two of us... just me. The judge ruled against Mr. Huxley. Remember the bitterness he projected? Instead of letting it go, the compassionate landlord opted to appeal the decision, but thankfully, he was ruled against by a second judge.

If you want to go after my ex husband for writing this ridiculous report, fine, but keep me out of it because I had nothing to do with it. And if you do mention me because I was part of the situation being written about, at least tell the whole truth. Funny story, The only reason I even saw the follow-up comments to the original report are because I noticed a for rent sign in the yard of one of your houses. I was actually trying to find your website so that I could post the info in my online moms group which likely would have benefited you in the form of a new tenant. So bitter :-D

A City of Asheville Stormwater vehicle # 1406 did a drive by this morning, September 21st , 2011 at 8:30 A.M. EST .  It did a drive by of both properties owned by William Pittman Huxley III third aka Trip Tripp at 11 eleven & 7 seven Old West Chapel Road Rd rd. The driver took a look at the front yards, manhole cover, and creek and then did a turn around in the driveway of 16 & 18 OWC and then left the area.

Then the next morning of Wednesday Septmber 7th 2011 at 11:00 A.M. EST an Asheville City Water Department truck with a man parked in front of 6 Old West Chapel Road.  The man walked across the street to visit 11 Old West Chapel Roads meter cover.  He opened it.  The man did not check on any other homes meters on the entire street that time and day.

William Pittman Huxley III the third " Tripp " has recently ( May 4th fourth , 2011 ) converted his properties from a Limited Liability Company to a Limited Partnership under the name of Astral Properties LLC and using his home address of 62 Bee Ridge Road Asheville, NC 28803.  These are the  properties located at 210 Wellington , 204 Michigan , 5 Freedom Lane ( directly around the corner from 7 & 11 Old West Chapel Road ), 7 Old West Chapel Road , & 11 Old West Chapel Road

Astral Properties can be viewed here:

http://www.secretary.state.nc.us/corporations/Corp.aspx?PitemId=8773736

I believe recent tenant landlord changes have been made in the NC General Statutes so here is a more recent link than above.

http://www.ncga.state.nc.us/gascripts/statutes/StatutesTOC.pl?Chapter=0042

Another visit by the Metropolitan Sewerage District MSD truck out this morning, September 6th, 2011, at 9:00 AM, at William Pittman Huxley s residences of: 11 Eleven and Seven 7 Old West Chapel Road Rd rd in AVL Asheville , North Carolina NC N.C. nc n.c. 28803-1117.

Picture of a flood on the property of 11 Eleven Old West Chapel Road Asheville, NC taken in the month of May of the year 2009, just before we met with William Pittman " Tripp " Huxley III Third the first time.  This picture was provided to me by Dustin Wilharm.  He is the current, but soon to be leaving, tenant of Tripp and Robert and Sally Huxley's rental home directly next door at 7 Old West Chapel Road.

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I see a Metropolitan Sewerage District truck was parked in front of 7 seven and 11 eleven Old West Chapel Road again this morniing.

The court case numbers: 10-CvM-2198 on September 7th, 2010 where the Magistrate Mr. Joe Knight stated that WPH's $500.00 USD administrative fee was incredibly unreasonable and where our vindictive ex-landlord was first punked.
                           10-CvD-4877 on Friday, October 22, 2010 @ 9:30 AM which William Pittman Huxley III ("Trip") was late to and later soundly defeated. 

Jo Dee Bennett is listed in a recent edition of an Asheville local telephone book.

Good info to know:
Fair Housing Investigators: 919-667-0888
NC Human Relations Commission: 919-733-7996
Buncombe County Health Department:  828-250-5000


Robert Huxley and Sally Huxley Trip's relatives and "partners" in this home.  215-862-5670 & 215-862-9912 in case a person has difficulty receiving their deposit.

I have known Mr. Huxley both personally and professionally for many years and throughout
his role as a landlord.  As his real estate broker, I have worked intimately with him on his selection of purchases and he is relentless in his pursuit of quality. 

I have found him to be a very conscientious landlord often bending over backwards to accommodate the requests of his tenants.  He is always trying to do the right thing for all parties involved - which is rarely easy.  I have never known him to be un-responsive to a tenant's requests/needs.

I believe he has more than adequately answered to the report against him and suspect that this is more an issue of personality conflict than anything else. 
 

To all;
A note to those interested in the house at 11 Old West Chapel. As of April 2011, I have been living there for about 4 months. In the time that I have been here I've had no problems with the house, the plumbing, the supposed thieves, or the landlord, Trip Huxley. To the contrary, I've found the house agreeable and Trip to be both professional and flexible.

The alleged "sewage discharge" in the front yard is a fabrication. Several storms have occurred since I've been here, some of them with heavy, yet none have caused the man-hole to release any sewage or debris of any kind.

To the Pearce Family;
I take exception to you using my name as a part of your false and petty allegations. I not only dispute your comments, I resent being dragged into your negativity toward anyone.

This is a great place to live and I haven't had any problems during my stay. The only unpleasantness in living here has been your inclusion of me in your complaints. 

MS

William Pittman Huxley you put your home for sale recently hence a reason for your recent rebuttal. 

Why did you not make one sooner? 

Actually we did in fact make a majority of calls to MSD.  I even made one recently (here in March 2011) when there was more toilet paper and waste in the front yard of 11 Old West Chapel Road so that they would come and vacuum and sanitize the area where your friend Marc now resides.

Would you also like to tell folks of how waste ran into the home(downstairs 1/2 bathroom) of 7 Old West Chapel Road(another of your homes) and how you received money for it from MSD, yet have failed to fix the hardwood floor in there yet.  Pretty gross and negligent as a landlord ?

We would offer this piece of advice for folks wanting to rent or buy from this man check in with Jo Dee Bennett the tenant before us she still lives in (West) Asheville and has LOTS of information regarding "Tripp".  I can get her contact information for all.

Also check in with Frank and Julia Brown (and their son Eddie) the tenants we found for Tripp.  I believe you ripped them off with their deposit and also let the current tenant Marc move in directly after they moved out(12/28/2011) but before their lease was actually up.  I can get their contact information as well.

The only other tenant was Angela Haroman(Davis) your very first tenant, I believe. 

Also you were easily defeated in court not once, but twice by us. Once in front of a Magistrate and then again in front of a District Court judge.

Anyone who wants to see the juicy details can check them out at the terminals to through the left of the Clerk of Courts office on the first floor of the Buncombe County Courthouse in Asheville, NC.  Just ask a worker in there how to use it and they will be more than happy tp show a person.  The cases can be searched by name using our name or William Pittman Huxley.  There is microfiche there with LOTS of information and FACTS there for your viewing pleasure.  The case number is not in front of me but the first was CVM(Civil Court Magistrate) and CVD(Civil Court District).  We will come back with the exact number very soon.

The Pearce Family   

To all who read this far...

I own a property in Buncombe County which Mr. William Huxley has managed for me for the last 3 years. During this time, I have been very pleased with his services.  In my experience, Mr. Huxley has been quick to work together with his tenants on matters related to:

1. Anything which need repairs - he addresses problems quickly; he either fixes things himself or hires others to do so.
2. Welcoming - Mr. Huxley takes extra time to stop by to say "hi" with flowers to give a warm welcome upon the tenant's moving in.

3. Accommodating the ever-changing needs of tenants, such as move-in/ out dates and the switch over of utilities.
...and more.

The accusations in the Pearce's letter above are completely at odds with what I have witnessed of Mr. Huxley's professional performance. To the contrary, I have seen him show respect to his tenants, and handles difficulties with diplomacy.

There is no one I would trust more to manage my property. Mr. Huxley is honest, eager to please, helpful, and consistently sympathetic to the challenges tenants and landlords face together.

Lisa L
  property owner

Hmmm...

There are some colorful tales and accusations coming from Ollie and Holt Pearce, and a little background will go a long way to restoring some truth to their misleading story-telling.

In late 2010, I had to take the Pearce family to court for failure to pay their rent. This Small Claims Court challenge turned the couple from friendly and well-intentioned tenants into rude and dishonest aggressors who were more interested in revenge than truth, responsibility or the terms of the lease that they had signed.

Now in their defense, I must say that they had a very difficult year personally. The health and family matters with which they struggled were very challenging; these must have put tremendous stresses on them. But having some bumps in the road of life does not give one the right to break legal contracts. You may have noticed the numerous grammatical errors in their letter; this couple is young and a little caviler, but this is not a crime; just the revelation of a little immaturity.

There are little nuggets of truth to most of their accusations, here are the circumstances which were left out in their incomplete accounts...

1. Manhole cover over flowing - When hurricanes and massive storms come through mountain towns, the storm water systems have a hard time keeping up with the water volume. There was a period from 2009 to spring 2010 when rocks and debris had collected in the underground pipes in north Oakley, resulting in a few manhole over-flows during massive storms... yuck! Similar problems occurred at the Biltmore Estate. Fortunately, after a dozen calls/ emails from me, the nice people at the MSD were able to find the blockage in the pipe and clear it. While there continue to be robust storms rolling through this mountain town, since the repair in the spring of 2010, none have caused the manhole to belch waste water.

2. Theft in Oakley - Back in 2009, there was a family living in the area which included one fellow who had been in and out of jail for petty theft. Thankfully, this family has moved away. Regrettably, there was an incident on a neighboring property in which a storage shed was violated with a crow bar and a weed-wacker or two were liberated. The request for a motion sensitive light was actually made by the tenants who had the storage shed on their property. The light was installed, and it remains there today for all to see (pun). (These tenants also asked for a glass storm door [unrelated] which was also granted.) As an additional security measure, I installed a steel cable connected to a buried block of concrete behind the shed so that even if the storage shed were violated again, the power tools would be locked-up inside.

3. Free storage building - This is either conjecture or fiction, I can't say which. Some tenants bring storage sheds, I allow this despite what it does to the grass. I do not encourage (much less 'force') tenants to leave anything behind.

For every dishonest person engaged in an exaggerated smear campaign there are dozens of responsible and honest folk who pay their rent and make good on the terms of the leases which they sign. Thank heavens for this, or being a landlord would be intolerable.

Hopefully, the Pearce family will eventually transcend the vortex of anger and pain which has them lashing out at any available target, this will be good for them and the Oakley community in which they continue to live. In truth, the Pearce family must have liked something about Old West Chapel; they moved into a new home right across the street!

William Huxley