Prime Properties - DFW Prime Properties Refusal 2 return calls when disputing security deposit return - charge 4 upgrades made after lease Dallas, Texas

The tenant should get their own expert advisor. If they were harmed they have a rights and a method to recoup thier losses. Since they choose to rent from an established, licensed business they even would be able to collect on any judgement. With less time and effort then someone would spend posting unverified accusations on a website you could have a wrong corrected.

""This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. ""

I commented about IF a landlord charges a tenant for an flooring upgrade-replacing carpetting with more expensive flooring such as hardwood or tile. I made it very clear in my rebuttal. I did not write that the landlord did something illegal. I presented a hypothetical, analogous to this ROR-IF the landlord were to charge for a flooring upgrade.

Your rebuttal made it seem as though you advised the landlord to NOT charge for the flooring upgrade because it "wasn't fair" which is well and good - my point was and still is that for a landlord to charge for a flooring upgrade in NY (and likely in TX) would be illegal and subject to adjudication in civil court. Further, investments by landlords are tax write-offs for tax purposes, including depreciation of property. When it comes to the value of damaged property, such as carpetting, the carpetting is depreciated in value based on the age of the carpetting. This has been my actual experience in small claims court here. In other words, the landlord isn't normally entitled to the full face value of new carpetting when replacing carpetting that is, say, 5 years old.

""It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. ""

I never wrote that the actions were inappropriate or illegal. Further, just because some clause is in a lease doesn't make that particular clause binding depending on housing laws and regulations (if that clause violates some federal, state or local housing law or regulation.) This is why I suggest the OP have the lease reveiwed by someone who should be knowledgeable of TX housing laws. "normal wear and tear" is a subjective term. When a significant disagreement between a landlord and tenant arises based on different perpectives, it is appropriate to have an outsider, such as a small claims court, make a determination that the parties will live with.

""This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.""

Absolutely! The base housing office is a good place to start. The local municipal housing authority or other governmental agencies that deal with housing issues will also be able to assess the situation. Based on the advice of such agencies, the base JAG is also available for LEGAL advice.

""The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.""

This may be true, but it is obvious that the author of this ROR doesn't believe so.

""This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. ""

I commented about IF a landlord charges a tenant for an flooring upgrade-replacing carpetting with more expensive flooring such as hardwood or tile. I made it very clear in my rebuttal. I did not write that the landlord did something illegal. I presented a hypothetical, analogous to this ROR-IF the landlord were to charge for a flooring upgrade.

Your rebuttal made it seem as though you advised the landlord to NOT charge for the flooring upgrade because it "wasn't fair" which is well and good - my point was and still is that for a landlord to charge for a flooring upgrade in NY (and likely in TX) would be illegal and subject to adjudication in civil court. Further, investments by landlords are tax write-offs for tax purposes, including depreciation of property. When it comes to the value of damaged property, such as carpetting, the carpetting is depreciated in value based on the age of the carpetting. This has been my actual experience in small claims court here. In other words, the landlord isn't normally entitled to the full face value of new carpetting when replacing carpetting that is, say, 5 years old.

""It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. ""

I never wrote that the actions were inappropriate or illegal. Further, just because some clause is in a lease doesn't make that particular clause binding depending on housing laws and regulations (if that clause violates some federal, state or local housing law or regulation.) This is why I suggest the OP have the lease reveiwed by someone who should be knowledgeable of TX housing laws. "normal wear and tear" is a subjective term. When a significant disagreement between a landlord and tenant arises based on different perpectives, it is appropriate to have an outsider, such as a small claims court, make a determination that the parties will live with.

""This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.""

Absolutely! The base housing office is a good place to start. The local municipal housing authority or other governmental agencies that deal with housing issues will also be able to assess the situation. Based on the advice of such agencies, the base JAG is also available for LEGAL advice.

""The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.""

This may be true, but it is obvious that the author of this ROR doesn't believe so.

This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.

The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.

This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.

The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.

This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.

The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.

This is a legal issue and I suggest this tenant consult a lawyer. Someone names Robert from Buffalo, NY suggested that the action taken by the landlord would be illegal in NY. It is very important that that a lease be understood to be a contract and legal agreement. I believe everyone should have an advocate for them who can provide expert advice. The actions of this landlord were reviewed by an attorney in Texas who specializes in Texas real estate law and the actions were deemed appropriate. This tenant explains that they are in the military and they would therefore have legal advice provded to them at no cost to them. They should avail themeselves to this service and follow the advice of a legal expert who they employ to look after their best interest. This is the best way to resolve this, much better then posting issues on a website.

The fact is that the tenant was treated fairly and correctly. If they need a lawyer to explain this to them then they should do so.

""Part of the reason why the landlord only charged part of their cost is because Prime Properties advised the landlord that it was not right or fair to charge the tenant any more then what ot would cost to replace with a similar product.""

Pahleeeze! ANOTHER (more likely) reason is to do so is ILLEGAL in TX as it is in NY. I own several rental properties and if I were to attempt to charge a former tenant for a flooring upgrade, I'd lose a lawsuit very quickly over it. Another consideration is normal wear and tear and the fact that the carpetting is now considered USED and depreciation would be applied to the value of the carpetting that needs to be replaced (the same depreciation that the landlord claims on his/her income taxes after the carpetting was purchased and installed). As the landlord, I'm entitled to the depreciated value of the carpetting that needs replacement including labor to perform the replacement.

This is the way it would go in civil court-I know, been there done that as both a tenant and property owner. This ROR doesn't state how long the OP was a tenant. Here in NY, the magic time frame is 3 years- if a tenant rents from me for over 3 years, I cannot charge for repainting-it's normal wear and tear. Further, I cannot charge for SMALL holes in the walls that were the result of hanging pictures (normal wear and tear.)

I see one mistake by the tenant-the patching and touchup painting of the walls due to picture hanging. It's darn near impossible for a touch up painting to match the existing background paint-especially if the background paint is aged a year or more. The tenant should have left the small hanger holes as they were. I would expect the "touch up" spots to stand out against the older paint which would then require complete repainting in preparation of re-leasing the unit.

The OP should check into the TX state and local laws as regards "normal wear and tear" issues with the state or local housing authority and the Naval Base Housing Office- the base housing office can review the lease agreement and provide knowledgable advise to the tenant.

The landlord certainly is entitled to be made whole from any damages caused by the tenant that are beyond the scope of "normal wear and tear" but such damages should not be exaggerated to fund unit upgrades. If necessary, the OP should consider going through small claims court to have the alleged damage charges judicated and resolved.

I am Kevin Martin, one of the pwners of Prime Properties. It is unfortunate when a consumer feels abused or taken advantage of and this definetly did not have a happy ending. Prime Properties works for over 1,300 individual landlords, assisting them in providing high quality homes for people who would rather rent a home and not live in an aprtment. I will respond to each item in this person's complaint.

This tenant stated they were taken advantage of because when they damaged the carpet their landlord replaced the carpet with a higher priced product and upgraded the home. It is true that their landlord upgraded to a hardwood floor, but these tenants wer not taken advantage of because they were charged, as allowed by their lease, the amount it would have cost to replace the carpet. This information was relayed to the tenant but they were still not happy. In fact the owner paid about three times more then they were reimbursed from the tenant for the damage the tenant caused. Part of the reason why the landlord only charged part of their cost is because Prime Properties advised the landlord that it was not right or fair to charge the tenant any more then what ot would cost to replace with a similar product.

The tenant also states that they were incorrectly charged late fees. Each lease is different in how late fees are assessed, in part because there have been recent changes in the law regarding what is appropriate. All late fees are assessed according to the lease. This information is clearly stated in the lease and Prime Properties does not make decisions on these fees, it only does the accounting based on when the rent was received and calculates late fees based on what was agreed on in the lease.

The tenant also states that Prime Properties refused to return calls when they were disputing their accounting. Their is some truth in this as we have a policy that all disputes and responses must be in writing. This policy is in place to protect the tenants and as well as our clients. The tenant suggests that you get everything writing and I am in complete agreement on this point. A lease is a legal contract and most lease exclude any verbal or side agreement. This contract for the place in which you live deserves to be done in writing so all parties better understand their obligations and avoid misunderstandings!

Prime Properties manages over 2,200 homes for over 1,300 landlords. These landlords have an excellent track record of providing quality homes. Over 80% of all tenants receive 80% or more of their security deposits back to them after they leave.

We have a policy to write leases where 100% of the security deposit is eligible to be refunded, there are no hidden fees or non-refundale portions, and many of the tenants receive 100% of their security deposits back to them.

On the other side of the coin, one out of ten tenants leave owing more than what is in the deposit and these amounts are turned over to collections. It is unfortunate when this happens, but when a tenant leaves owing more than what is in their deposit the cost ends up coming from the rest of the people who fulfill their obligations, this is not fair to all the rest of the people who work hard to successfully meet their obligations.

This tenant has had their situation reviewed and it appears they do owe more money then what was in their deposit. This can be a subjective situation, but the expenses charged to their account was strictly in accordance with their lease in order to satisfy the obligations which they had agreed to be responsible for. Their landlord did not benefit from their situation and although the landlord did imprive the property after they left, they did not pass the expense of the upgrade to this tenant.

Prime Properties for its part did not get to keep any of the tenants security deposit. The landlord did recover their damages/costs from the tenants security deposit. Once the tenant pays their final assessment the landlord will be happy to provide a reference for this tenant and state that they fulfilled their obligations under the lease, but until the final bill is paid this landlord will not be able to honestly provide this type of reference.

Yesterday I got my responce from the BBB this company submitted about my report on them. You will not believe what they said. And I quote.

"I have reviewed the complaint from the Pacho. The Pacho's are not customers of Prime Properties and did not rent a house from Prime Properties. If the Pacho's have a lease I strongly suggest they consult the lease before they take additional action.
Prime Properties is not and never was their landlord. We are simply employees of their landlord. The primary role of Prime Properties is to accept rent for the landlord and inform the landlord of any issues with the property. This has been done and the Pacho's have complete instructions on what they need to do should they desire any further appeal to their landlord.
Since the Pachos are not a customer of Prime Properties we are not in a position to provide any further response or accommodations regarding their issues. I would be grateful if you please provide this information to the Pacho's."

Seems really funny to me since all moneys were paid to them and they held my security deposit in escrow and any repairs we had to contact their company about. They are the ones who contacted a collection agency when I refused to pay for the upgrades they made when I moved out. Sounds to me they were landlords just not the owners.
Anyway I have contacted all our local news agencys as well as the FBI. I believe if they took my money and represented themself as my landlord then it was fraud they used to get it.

As of today I finally got my written responce from this company. Really no help what so ever. The responce was the same they say that the charges are correct but the amounts given to me today are different then the orignal given to us. They still totally blow off the request for pictures showing "damage". I have mone that show there were no damage. They wont give pictures that show it was not clean I have mine that show it was. And they will not give reciepts that show how much the charge of carpet was compaired to the hardwoods they installed. So my report stands. This company has no credibility and they are truly a ripoff. So I will also update my complaint with the BBB.

As of today only after filing this report and one to the BBB was I contacted by Prime Properties. The extent of the phone call was to tell me that they have sent a written letter to me about this situation. Only been trying to get someone to talk to me since April. When I asked him what it consisted of he told me that he WILL NOT discuss it over the phone that I would have to wait on the letter and then said goodbye and hung up. Nice way to do business huh?