Customer Service
Alpharetta,#2REBUTTAL Owner of company
Wed, May 09, 2012
Platinum would like to respond to the complaint filed by Mr. Pearl. We have also invited him to our office so we may discuss these items in greater detail but to date, he has not accepted our invitation.
Mr. Pearl stated that he would like to increase the rental amount by $450.00 (+25%). Platinum reviewed comparable properties and advised Mr. Pearl that comps would not support a price increase of that magnitude but we would approach the tenants with what he requested. Platinum informed the tenants of the price increase wherein they chose not to renew the lease. Platinum did not assist the tenants with securing a new residence.
Feb 27, Platinum informed Mr. Pearl that the move out inspection was complete but that Platinum would not be meeting Mr. Pearl at the house for the inspection. Platinum completes the move out inspection with the tenant individually and then and
issues a copy of the report and photos to homeowner. The homeowner is free to enter the property after the inspection.
Platinum was not evasive with the contract procedure. On Feb 27, Mr. Pearl was notified, via email, that there were laws in place that govern how the security deposit is handled.
He was notified when the inspection was complete and requested that he come to office to pick up keys and remotes. Platinum provided the move out inspection report and photos to Mr. Pearl as soon as he arrived.
The gazebo was removed after damage from an ice storm amidst safety concerns raised by the tenants. We have documentation from the tenant making the request after the ice storm. There was a $100.00 fee to remove it and haul it away, which Platinum performed at cost. An invoice was also provided to Mr. Pearl at which point no objection was made.
The tenants removed a bathroom mirror that did not match their dcor. The mirror was placed in basement with Mr. Pearls other belongings.
The mirror was not hid in the basement. It was in the basement at the time of the move out inspection. Mr. Pearl was also advised at the time he signed his owner agreement that personal property left at the home was his responsibility.
The tenant did not damage walls. There was normal wear and tear. Hole were patched and painted matching the color to the best of the tenants ability. Georgia law is very vague in defining normal wear and tear and tenant damages. Platinum manages properties in 17 counties. Each of these counties has a different Magistrates Court, which is where landlord/tenant issues are resolved, and each court has multiple judges.
Our interpretation of normal wear and tear and tenant damage is based on generalizing the opinions of many different judges over the years. One of the challenges of dealing with issues in Magistrates Court is there is no telling how any particular judge is going to rule on any specific issue on any given day.
It is expected that when a tenant rents your property they will move in, occupy, and use the property. They will walk on the floor which, as a result, will show signs of wear. They will hang pictures on the wall and in walking around the house they will bump in to the walls from time to time and leave smudge marks. These types of damages are usually considered normal wear and tear. We dont charge the tenant for many marks on the walls that can be covered with one coat of paint, or for pathways that develop on the carpet as a result of traffic, or for the house being dirty if the house requires surface cleaning.
The move-in inspection also references all of the following items as pre-existing conditions and noted by the tenant: Nail holes throughout, scuffed walls, exposed stress cracks, scratches on the stove surface, stains on carpets, missing electrical faceplates, running toilets, excessive scratches on wall surfaces
Platinum did not note excessive mold on the exterior of the house or on siding.
Further, our move out photos did not show excessive mold. The tenant had a two year lease term but never noted or reported mold which is unlikely given the health dangers. Mr. Pearl notes that there was no damage due to mold at tenant move in, yet over that period, it became excessive. General homeowner maintenance included in our
Agreement includes pressure washing the exterior which was Mr. Pearls responsibility. He did not request any pressure washing over the Lease term.
Homeowners are responsible for seasonal servicing of HVAC. Tenants stated that they did change filters. The HVAC had pre existing issues as Platinum had it unit serviced early in tenants term.
Tenants are required to cut the grass and not required to fertilize the lot.
This home had septic tank issues and the grass may have been damaged during the repair. Platinum did not note dead grass in the backyard.
The four inspections were completed as a walkthrough of the property. The purpose of the visual walkthrough is to note smoking, unauthorized tenants, unauthorized pets, etc. Platinum performed several inspections at no cost to the owner, despite inspection costs being included in his owners agreement and signed off on by him.
In the end, as a Property manager, we have to protect the interest of our owners but not blindly at the expense of our tenants. We have the responsibility ultimately for both sides and to protect the integrity of the Lease. Our renewal rates support a history
of fair treatment on both sides. Most of these items, per Mr. Pearls own accounting, are tenant originated issues. At no time during the term were any of these issues brought to our attention. When they were, we encouraged Mr. Pearl to come into the office to speak with us directly so we could address his items cordially and professionally and to share whatever records we have
compiled in respect to his property (inspections, tenant inquiries, photos, etc.). His only demand at this point is to pay for his expenses, which completely contradicts his initial intent (per his statement) to renew with us.
We would be available to speak with anyone regarding this issue directly. We are more than happy to share our photos and our files with anyone seeking additional clarification.
Thank you very much.
ps. this complaint was made with the Better Business Bureau also.
Case #27242485
"your company has made a good faith effort in an attempt to resolve this issue; therefore we are closing the case at this time."