Complaint Review: Prime Properties - DFW Prime Properties - Dallas Texas

It is unfortunate that this person has had the difficulties which they have had.  The real root of their problems lie in the fact that they have repeatedly paid their rent late or with checks that were returned as NSF (three times in less than a year).  Their lease requires rent be paid on or before the first day each month.  Their lease also requires they pay the rent in certified funds as a result of the fact that in the first ten months of their tenancy they have had three personal checks returned as NSF.

It is true that their landlord waived a portion of a late fee early on in their tenancy but their landlord no longer wants to make allowances for this tenant.  All tenants who have not paid on time receive a notice.  The content of this notice is defined by Texas law and it says you must leave immediately.  This tenant agreed to do certain things when they signed the lease.  Some of these include 1) they agreed to pay rent on or before the first each month 2) they agreed that if the rent was not in on time they would pay specific late fees as defined in the lease 3) they agreed that if the landlord incurred any expense to collect on unpaid rent they would reimburse the landlord these fees.  There have been no fees assessed to this tenant other than what this tenant agreed to in the lease.

It is clear that this tenant did not fully understand the content of the lease, but they were advised before they signed the lease and again recently that if they did not understand what their obligations are they should consult an attorney to help them understand.    Their landlord feels this lease is fair and does not want to change the lease.  Prime Properties suggested the tenant, who is almost at the end of the lease, ask the landlord for an early release from the lease so they can find a different Landlord with a different lease, and they refused this suggestion.

Regarding their issue about breach of contract on the lease.  The lease requires that the Landlord stay current on their mortgage and all HOA dues.  The tenant found out the Landlord was behind on their HOA dues which meant they did not have access to HOA facilities like the community pool.  This is a breach on the landlords part.  In response to this issue the Landlord authorized a payment to the HOA and their account was brought current within seven days of notification of their delinquency.  In our experience we do not know what recourse the tenant has for the fact that the Landlord was not current with their HOA dues (we are Realtors, not lawyers).  Our response was to work with the Landlord to assist them in solving the deliquency, which they did in a prompt manner. 

This month the landlord has not received the rent at all, because this tenant has decided to send a bank draft after they had already been notified that a bank draft is no longer acceptable way to pay their rent because of their three prior NSF's.  Again, this is clearly spelled out in the lease.  We do not make up the rules, the rules are what is in the lease which both the tenant and the landlord agreed.  Since no rent has yet been received, late fees are accruing up to the maximum amount defined in the lease.

Regarding the deposit.  One of the services Prime Properties provides landlord is the accounting of security deposits after a tenant leaves.  All deposits are accounted for in strict accordance with the lease and the law.  Texas law states if a tenant leaves and still owes rent the Landlord is not required to send any of the deposit back to the tenant ir even account for how the deposit is applied (Chapter 92 of Texas Property Code).  For Landlords which Prime Properties represents an accounting is always sent to the tenant regardless so they can see how the deposit is applied.  The deposit is first applied to satisfy any unpaid rent obligations.  The next thing a deposit may be applied to is any collection fees the owner paid to collect outstanding debts from the tenant, then any repair expense the Landlord incurs to fix things which are beyond normal wear and tear, and last to any late fees the tenant may owe.  Prime Properties does not get to keep any of these monies, if money is sent to a Landlord after a tenant leaves it is strictly to reimburse them for owed rent or expenses that they have already paid for.  Of course there can sometimes be mistakes, so Prime Properties offers all tenants the opportunity to bring any errors in their accounting to our attention so the Landlord can fix it by sending additional funds which may have been incorrectly withheld.

This tenant says they have considered filing civil and criminal charges and asks for suggestions.  I have already reminded them of the fact that should talk to a lawyer.  I have reviewed this situation thoroughly and believe the problems stem from a basic misunderstanding of their obligations.  I cannot see where they have been treated unfairly, and their landlord has responded to each and every issue in a timely manner. 

Regarding their comments about the BBB.  It is true that Prime Properties has had complaints filed through the BBB from unsatisfied tenants.  Prime Properties responds to each and every compliant sent to us by the BBB.  Most of the complaints at the BBB have to do with security deposits not returned.  Prime Properties does not get to make these final decisions, but we do assist the Landlord in these accountings, providing them our experience on what is allowed in the lease and the law.  Prime Properties will not assist or represent a Landlord who will treat a tenant unfairly or knowingly default on their obligations to a tenant.  We have been in business for over twenty years and we have never had a client withhold funds from a tenant in bad faith in an attempt to cheat the tenant.  We appreciate the work done by the BBB by providing consumers a vehicle to make sure their complaints are heard.  We do not depend on the BBB to provide this function for us, but if someone files a complaint through the BBB we will respond in a prompt and thorough manner.

This person also mentions TREC complaints.  We have only had one TREC complaint filed which I am aware of and a TREC investigation determined that Prime Properties was at fault for not properly registering our Austin, Texas branch office.  This was remedied by filing the proper form with TREC in Austin along with a $20.00 fee.  I am not aware that any of our clients or their tenants were harmed by this infraction.  After all of the above

I do not want anyone to think that Prime Properties is always faultless and never makes a mistake.  In the business we are in there are many opportunities to be far less than perfect. We at Prime Properties have a strong commitment to listen to our clients and their tenants, to take every suggestion and strive to continue to improve.  When we are made aware of an error our goal is to understand the issue and fix it as quickly as possible wherever possible.  I had a tenant complain because I raised my voice to them in a phone conversation.  I could not fix that, but I did apologize and I try to never do that again.  This person accepted my apology, but not everyone would.

Last, I invite anyone who has a rant or rave about our firm to contact me directly.  I can only fix the issues which I am aware of.  In the issue of the person who wrote this complaint, Prime Properties cannot fix their issue, as the landlord has told me that because they cannot pay their rent as they agreed to do in their lease, then they cannot continue to rent from them.