Complaints

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• Initial Complaint

  Date:07/17/2024

  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 have attached a Microsoft word document outlining the issue at hand as well as multiple documents. Thank you for your time.

  To whom it may concern,
  In May of 2024 I hired CMC Property Leasing REIP Solutions (Mike ******) to manage my rental home. A property management service agreement was provided by Mr. ******, which we both signed. Regarding maintenance expenses, the service agreement states, “In the event any expense is anticipated to exceed $500, the owner will be notified and can choose how to have the work completed.” It also states that as part of the New Tenant Fill Fee Compensation (1/2 of first month’s rent) a list of “Rent-Ready” services are included with no added costs to owner. The list of “Rent-Ready" services is on the last page of the attached service agreement. On July 10, after the new tenants had moved it, Mr. ******s sent me an invoice with the incorrect monthly rent amount ($1950 instead of $1995) stating that in addition to the ½ of the first month’s rent, he had used the rest of the rent money on professional carpet cleaning ($405.00) and rehab/repair expenses ($663.81). The expenses totaled $1068.81, more than twice the $500 limit where he is required to notify me. So not only would I not be getting any money, but I also still owed him $93.81 out of the next month’s rent (see attached invoice). The invoice Mr. ******s provided me with was vague and did not list the costs for each specific task, hours of labor, or parts purchased. It did list repairs to walls, miscellaneous fixtures and hardware, and full cleaning and clean out, which are listed on the service agreement as “Rent-Ready” services at no additional cost to the owner. After discussing the incorrect monthly rent amount with Mr. ******s, I asked him for invoices showing what was done to warrant $663.81 in maintenance expenses as well as an invoice for the carpet cleaning. I expressed my frustration with Mr. ******s through email and asked why I wasn’t notified of any maintenance issues. I also noted that I own a carpet shampooer and had cleaned the carpets myself when I moved out so that didn’t need to be done. I commented that I would like to give him a chance to compromise with me, but if he was unwilling, I would be ending our business together in accordance with his service agreement. His response was sheer anger, stating that he had only billed me for half of the work that his crew had accomplished and there would be no refunds. He then stated that he was waving the 60-day notice required by his service agreement and would terminate our agreement effective July 31, 2024. Prior to my response he informed the tenants that he would no longer be their property manager, had them sign a termination agreement, and forwarded it to me for my signature. The termination agreement, which I’ve attached, was essentially a “get out of jail free” card for Mr. ******s, stating that I would be releasing him from all responsibility and not holding him legally responsible for anything. I still have not signed it, and I don’t plan to. He then implied that he would not be able to return the tenants $1995 security deposit or their $400 pet deposit. Over the next few days, I offered Mr. ******s a compromise. I pointed out that per his agreement he was only authorized to spend up to $500 without my approval and since his bill exceeded that by more than double, I requested that he refund me the difference ($568.81). He refused. His next move was to email the tenant (Mr. ******) and attempt to make me look bad. He told Mr. ****** that since I was refusing to sign his termination form, he would be refunding his security deposit directly to him at the end of August, but that the $400 pet fee was nonrefundable, so it legally belonged to his company. When Mr. ****** responded asking about the pet deposit, Mr. ******s told him that it was legally his and would be used to cover “attorney consultation costs” and work that was performed after the tenants moved in. I would like to point out that not only has Mr. ******s still not provided me with detailed invoices for the carpet cleaning and the work he claims to have performed, but he is also now indicating that he performed additional work after the tenants moved in and will be billing me for yet more unexplained maintenance costs. In our emails you’ll see that Mr. ******s mentioned he couldn’t send me the invoices because he was out of state all week for a family funeral, however I drove by his office on my way home July 16th and 17th and his car was in the parking lot both days, in different spots each day. I’m not sure why he thinks that he is entitled to keep the $400 pet deposit since he was only the property manager for a couple of weeks, and did nothing to earn it, but I suspect it is just a form of intimidation to prevent me from making a formal complaint about him and to make me look bad to my tenants. Another thing worth mentioning is that Mr. ******s refused to provide me with a copy of the lease agreement between his company and the tenants. I was able to obtain a signed copy from the tenants and upon reading it I noticed that in addition to charging them a $400 pet deposit, he also requires that they have the carpets professionally cleaned upon moving out. This seems redundant and if I had known about it, I wouldn’t have allowed it. To me Mr. ******s actions show that he is a deceptive man, and I doubt that I am the first customer that he has taken advantage of. To date he hasn’t made any attempt to solve the issue and is attempting to interfere with the tenants and I moving forward. I am requesting that he return the tenants security deposit 
  
  

  Business Response

  Date: 07/19/2024

  This property owner/former CMC client,
  **** ******** is a liar, a thief, and a user. He hired CMC to fix up
  his personal, Wichita residence and turn it into a rental home. We
  did exactly what we were hired to do, and did an excellent job at a very modest cost. It is
  clear now that Mr ******* never intended to pay CMC for our work, or
  continue using our ongoing management services. He was using us to
  get the home cleaned, fixed up and rented. He then fired us immediately after it was ready and rented,
  claiming that we overcharged for our work.
  
  The home was a filthy mess, in much
  disrepair. CMC hauled off multiple loads of trash and debris,
  stretched and cleaned three floors of carpets, had our crew spend
  three days cleaning the home, repaired and painted extensive wall
  damage, repaired multiple light fixtures, replaced blinds, door
  hardware, closet doors, clothes rods, and more. The total of our
  charges, for this long list of services performed, was $1068.81.
  
  As was our right, outlined in our
  service agreement, signed by this property owner, CMC deducted its
  compensation from rent funds paid by the new tenant (which CMC also
  worked hard to find to lease the home). This ungrateful owner, after
  realizing that he could not cheat CMC out of the payment for our
  work, threw a fit and demanded a refund. There will be no refund.
  
  All of our work performance and service
  charges are always fair and honest, and in full compliance with
  landlord tenant laws and our well-documented service agreements. **** ******* is using this BBB complaint as an attempt to extort money from CMC. If
  BBB does not remove this dishonest complaint from its site, we will
  terminate our BBB membership and begin exploring our options for filing a defamation lawsuit. CMC Property Leasing
  
  

  Customer Answer

  Date: 07/24/2024

  How has the business made a reasonable effort to resolve the issue? He hasn’t made any effort. He violated his own service agreement and is withholding a pet deposit that he did nothing for? That goes against Kansas property laws. A pet deposit is supposed to be used for carpet cleaning or damages caused by a pet. He literally stole it. I provided several pages of emails showing how he was wrong and how difficult he was when I approached him about it and he still hasn’t provided me with an invoice to show any of the work he claims to have done despite me asking several times. He took over $1000 with zero justification and is now refusing to return a $400 deposit. I don’t even have keys to my own house because he refused to provide me with them. Is that just ok?

  Business Response

  Date: 07/25/2024

  Follow up to Mr. ******** As I told you two weeks ago when you first launched your defamatory complaints against CMC, I have been out of town in Arizona, burying a family member. And, at the same time, trying to juggle your barrage of BBB complaint emails, with no access to our billing software or records. 
  
  I just returned to Wichita yesterday. And now have updated the billing for your Grant property. Attached is the final, detailed invoice for the work that CMC performed. We have applied a courtesy credit of $400 as a refund of the tenants' pet fee. There will be no further concessions or accommodations. As was explained in earlier correspondence, and as is required by law, the tenants' security deposit refund will be forwarded directly to them once the underlying, terminated CMC lease has ended. 
  
  As you can see in the attached invoice, CMC lost money in our short, disastrous association with you and your property. Bottom line: You still owe money to CMC for our work. We are willing to write off those losses IF you withdraw your BBB complaint. Along with any other defamatory comments you have posted on any other sites. However, if you persist with these sorts of postings, we will be suing you for the full balance of compensation that you owe CMC, and additionally for the defamation damages. 
  
  As a final side note: CMC performs its services, at all times, with speed, efficiency and honesty. We fixed up and rented out your Grant property in less than 60 days, successfully renting the home to a great family at an above market rent rate. I challenge you to find any other property manager that could have duplicated the speed, results and low-cost of the service you received from CMC's fine, hardworking folks. Nobody could have fixed up that home cheaper or rented it faster.