Complaints

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• Initial Complaint

  Date:04/05/2024

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  I am writing to file a formal complaint against Executive Property Management, regarding illegal charges that have been added to my rent and the rents of other tenants. Specifically, a $45 fee has been added to our monthly rent without justification or prior agreement, and additional late charges are being applied for non-payment of this fee.I have reviewed my lease agreement, and there is no clause that allows for such a charge to be imposed. Despite multiple attempts to resolve this issue directly with Executive Property Management, including written communication and an Organized petition with All of the Tenants forming a ************* dated 3/18/2024, they have refused to remove the charge and continue to penalize tenants with late fees.This practice not only violates our lease agreements but also local tenant rights laws. The imposition of these unjustified charges is causing financial strain and distress to myself and other tenants.I kindly request the assistance of the Better Business Bureau in investigating this matter and holding Executive Property Management accountable for their actions. I believe that a fair resolution would be the removal of the $45 charge from all affected tenants' accounts and the refund of any late fees that have been collected as a result of this charge.Enclosed are copies of my lease agreement, correspondence with the property management, and records of the charges and fees imposed.Thank you for your attention to this matter. I look forward to your prompt response and assistance in resolving this issue.

  

  Business Response

  Date: 04/09/2024

  Response to Complaint 21533854
  Complaint states - Specifically,a $45 fee has been added to our monthly rent without justification or prior agreement, and additional late charges are being applied for non-payment of this fee.
  We believe the tenants are not clearly reading the charge on their ledger. The $45.00 charge thats referenced in their complaint is a Posting fee, which was charged the month of February and again in the month of March.
  The lease agreements clearly state that payments on accounts will be applied to the first/oldest charges. If the tenants fail to pay posting or late fees the month they are posted, the next month their payments would then be applied to the oldest charges prior to be applied to their rent charge.
  In January 2024 We started receiving calls from one of the tenants with complaints of residences not only throwing trash and food on the grounds within the units but instructing others to do the same. We were also told that tenants were just dropping their trash on the ground outside the trash enclosure and tenants that wouldnt even open the gate to the trash, so they tried to just throw it over the walls of the enclosure. This caused a huge mess and health concerns for all the residences.
  When we arrived at the *31313838333135303232* to inspect the grounds, we found the tenants complaint to be true and unbelievable. There was in fact food, clothing items, trash etc. Thru-out the grounds around the units as well as in the parking lot.
  Due to multiple doors the decision was made to post all tenants with a Notice to Cure.
  On 2.2.2024 all tenants were posted with a Notice to cure for the following. Posting fee of $45.00 was charged to all tenants on this day.
  A. Trash on grounds
  B. Dumpster enclosure's a mess
  C. Dumpster enclosure gate left open.
  D. Food scraps & orange peels on grounds
  E. Drawings on buildings
  (We received a call from the original tenant after the *** was posted. She stated that every tenant was out with brooms cleaning up the grounds)
  
  On 2.2.2024 we also posted Notice of Change of Terms to all tenants for the following items.
  The above items 1. Tenants are required to activate their online portal.
  2. Tenants are required to update "and keep updated", all contact information (email & phone numbers), for all adults living in the home.
  3. Tenants are required to carry ***************** with *33303131343534363031* listed as an additional Insured / Interest and submit Certificate of Insurance onto their online portal.
  4. Tenants are required to submit all repair request through their online portal except Fire,Flood or an immediate threat to life. In the case of Fire, Flood or immediate threat to life tenants are to call 911, then immediately report the incident to *33303131343534363031*.
  
  The above items were to take affect on 3.2.2024. Posting fees do not apply to this type of notice.
  We then posted all tenants with a Notice to Enter on 2.16.2024 for *ealth & Safety inspections taking place on 2.19.2024. Posting fees do not apply.
  During the * & S Inspections it was noted that all tenants were out of compliance with one or more lease violations. The list below is just some of the violations noted.
  Damages to cabinets
  Smoke detectors missing, disconnected, or had nonworking batteries.
  Improper ventilation to bathrooms with mildew
  Damages to units
  Unauthorized animals on the *31313838333135303232*
  Dirty or no AC filters
  
  On 3.18.2024 all tenants were again posted with a Notice to Cure that included their specific violations noted at the *ealth & Safety Inspection on 2.19.2024 and ***************** for the many tenants that had not submitted proof of coverage. A Posting fee of $45.00 was applied to all tenants on this day.
  

  Thank you

  ***********************

  Customer Answer

  Date: 04/13/2024

   I am rejecting this response because: on behalf of the residents of **************** to formally dispute the imposition of a $45 fee for garbage collection or removal by Executive Property Management. Our concern stems not only from the lack of prior agreement or notification regarding this fee but also from its questionable legality under **************** law.
  Firstly, it is important to clarify that, according to the lease agreements signed by the tenants under the prior Property management Not Executive, there is no mention of an additional charge for garbage collection or removal services. Implementing such a fee unilaterally without tenant consent constitutes a violation of our lease terms. California Civil Code Section ****** and ****** strongly emphasize the importance of adhering strictly to agreed-upon lease terms, without alterations unless mutually agreed upon in writing by both parties.
  Furthermore, under ********** law, landlords are required to cover the costs of trash removal as part of their duty to provide habitable living conditions, unless explicitly agreed otherwise in a signed agreement. The introduction of this fee without explicit agreement from the tenants or an amendment to the lease agreements is therefore not only a breach of contract but also raises significant legal concerns.
  Moreover, *********** tenant laws are designed to protect tenants from arbitrary fee impositions, which could be interpreted as a form of retaliatory rent increase. Under these provisions, any additional fees that are not explicitly included in the lease agreement cannot be enforced without ************ procedures being followed, including written notification and agreement from all affected parties.
  In light of these points, we, the tenants of ****************************** refuse to pay the newly imposed garbage collection/removal fee of $45. Should this issue not be resolved, and charges not removed, we are prepared to seek legal advice and pursue further action as necessary to protect our rights under ********** tenant law.