Property Management Mess

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angc2008

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My jurisdiction is: Arizona

Hello,
We are having serious issues with the Property Management company that oversees the property that we rent in Arizona. I will try to outline our issues/concerns as completely, and briefly as I can, and will gladly provide additional information if requested to help gain information to try to resolve these issues.

1) We singed a lease in Oct. 2008, for a one year term. At the time of the walk through, prior to signing the lease, the Management Company did not send a representative on their behalf to verify items that were in need of repair. We were told to take the check list, and to enter the house (it was on a lock box), and to note any issues. We did, and as we wanted to cover our buts, we also took pictures. When we went to sign the lease, I turned in 5 pages of issues, from "major" to very minor, cosmetic etc. again, that we didn't want attributed to us. We have not rented a property in more than 11 years, and were being cautious.

The Management received, and acknowledged our concerns, and told us that they would contact the owner, and needed her "go ahead" to fix any of the written issues. Ok, good, please just let us know when someone will be here to fix the major problems.... Hole, wood rot in front door, hole and water damage to the wall at the base of the shower in the Master bathroom, broken and cracked tiles in the den. It wasn't until January that someone came out, and "patched" the holes....and made no attempt to find the issue in the bathroom to correctly fix it, just smacked a piece of drywall on it, and called it "good". These were addressed only after bi-weekly calls to them requesting the repairs, as well as emailing using their online repair form.
I have now been told that the owner is denying all additional repairs that were noted on our inspection sheet, claiming they are "unnecessary".

Q) With regards to the above, at what point is the Property Management Company held responsible to make the noted and accepted repair(s) of additional items? We have no way of contacting the owner directly, and have been told she lives out of state.

2) At the time of the lease signing, it was stated in the lease that the rental tax was 3.5% of the rental amount. When we verified this with the Town we live in, we learned that the taxable rate is 1.5% We still have not been credited the overages we had paid with regards to the taxes.

Q) With regards to the tax overages they collected, what is the time limit they have to refund, or credit the additional funds?

3) When we signed the lease, they wanted a different amount than was stated, as "monthly administrative fees" in the amount of 2%. That additional money was to be paid with the next months rent, so we'd have to pay that % twice in that payment. After reading the very, very fine print of the lease, it states that the "monthly administration fee" is included in the rent.

Q) After bringing this to their attention, they still have not refunded nor applied those over paid monies to our account. Again, what is the time limit for them to comply with crediting the overage?

4) We have been paying our monthly rent via credit card since the inception of the lease signing. The Management Company charges 2% of the charged amount for "processing costs". This is clearly stated, but this month, we chose to obtain a counter check from the bank, as every cent counts, and didn't want to pay the additional 2%
Today, I received a certified letter from the Management Company demanding rent, claiming that it had not been received. The check was drawn, and posted on the 28th, plenty time to reach them by close of business on the 1st.
My immediate call to them, they said that I sent it to the wrong address. I mailed it to the address that is boldly printed on the rent pages, which states the days in which they are closed, and business hours, etc., as well as printed on their business card, and at the top corner of the first page of the lease document. They told me today, that it should have been sent to another address....that is infact on the very last page of the lease, in very fine print.
They claim that the address I sent it to, their published address, is a "community box", shared with other businesses in the complex where their offices are located. WHAT!! I made sure I specified the suite # on the envelope, and she acknowledged that while that is their suite, that "it's a community box" That other separate business entities share a box, regardless of having their own suites is just impossible to believe. And they are claiming a $65.00 "fee" for the processing of the certified mailing, which is contradictory to scheduled fees as stated in the lease.

Q) Other than being incredibly stupid to have a 'community box' for multiple businesses in the complex, are we responsible for the outrageous mailing fees that are different from those stated in our lease? Besides being stupid business practice to share a mailbox, is it legal for them to do so? If they demand "processing fees", which amount can they legally bind us to? The amount stated in the lease, or the amount they are verbally claiming via phone? There is no statement of specific fees on the certified letter received today. Someone did go and check the "community box" and sure enough, our counter check was there...they said they'd call me back with regard to the fees.

Good grief, my attempt to be specific and "brief" seems to be anything but, and I apologize. Believe it or not, these items are but a skeleton of issues we are having with this Management Company. But these are the most pressing, and I look forward to help and advise with what we can do, and what our rights are with regards to this, as well as their responsibilities as the Management.

We are also concerned about 'rocking the boat' too much. We are very comfortable and happy where we are, and do not want to push them too far and them not offer extending our lease at the end of the 1 year term. But we would also like things fixed, preferably properly!

Thank you in advance for your thoughts on how to remedy these issues.
Respectfully,
Ang
 
As an update, the Property Management did finally call me back, and have "extended a one time courtesy of waiving the processing fees" for the certified mailing.

Again I asked them when I might expect some of the other repairs to be completed, and I was told that we "rented the property in as-is condition". So, I broke out the magnifying glass, and again set about reading the very very fine print. It does in fact state that "the tenant accepts the property in as-in condition", "except where noted in writing" That would be the 5 pages of itmes submitted and accepted by the Property Management at the time of the lease signing, and receipt of the keys, correct?

Q) After reading the addendum in the lease, at what point is the Management required to make repairs, even if the owner is choosing not to.

I'm not asking for them to come in and touch up paint, nail holes etc....although I'm sure they with held funds from the previous tenant to do so.... but rather am asking for 1) The huge crack in the ceiling to be repaired.
2) That the 3rd car garage motor be replaced, as it is burned out and non functional. 3) That the sliding door in the family room be repaired/replaced as it regularly jumps the tracks, and as it is a double paned gas filled door, I cannot physically lift it, and with Summer upon us, here in Arizona, I would like to be able to rely on that I can in fact close the darn door!
4) That the ceiling fan in my eldest Daughter's room be replaced, as when it's on, it sounds like bed springs in a bad hotel room!
5) That the pool fencing be repaired, as it does not securely attach to the support pillars.

My concern is also that if we go ahead and repair these items ourselves, and send them the receipts, that the rent will not be adjusted for the repairs as the owner has denied them. And again, we are afraid to continuously request these repairs, as we would like to extend our lease at the end of the 1 year term.

Any suggestions would be helpful and well received.
Respectfully,
Ang
 
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