Julie Winn/ Aelous Real Estate & Property Management Holding My Deposit & Refusing To Give Information On My Deposit Rogers Arkansas

First of all, I am the broker of the company, my assistant Rose, is NOT my daughter, she is a licensed agent with the company. My husband does do some maintenance but usually only when other maintenance personnel are busy and when we have something of an urgent nature, he will step in to help repairs move along. Mr. Kevin Compton applied on October 26, 2016 to rent a unit from us at 2303 B Oak Park Place, Rogers, AR 72758. His application was processed and approved for move in on October 27, 2016. He came in and paid the $800 deposit on October 28, 2016 and made an appointment to sign the lease on November 11, 2017. At the lease signing on November 11, 2016, the entire lease was discussed with him as well as going over the Arkansas Landlord Tenant Handbook to inform him of his rights as a tenant. Mr. Compton signed for receipt of all of the leasing documents; he also signed a receipt for 3 keys: 2 door keys and 1 mailbox key as well as 2 garage door remotes. He was given a move in/out sheet to fill in for purposes of recording pre-existing conditions and was required to return the form by November 16, 2016 within 5 days of taking possession as stated in the lease, date was entered on the back of the move in/out sheet to remind the tenant when to turn it in. In December 2016, Mr. Compton did not pay his rent by the 7th as required by the lease. We also received an email from the owner that the electricity was still in the owners name and that he intended to disconnect that by Friday, December 16, 2016. Attempts were made to contact Mr. Compton via phone about the unpaid rent and the electricity but discovered that his number was no longer a valid working number. As a result, Mr. Compton was served a 3-day pay or vacate notice on December 14, 2016. He was also served a letter that the electricity had not been transferred to his name and that we did not have a working telephone number as required by the lease. Mr. Compton came in and paid the rent/late fee on December 19, 2016 the last day allowed by the notice.

On January 10, 2017, Mr. Compton turned in the move in sheet, 2 months late. He did not note on the move in sheet that there were any major issues with the unit such as cleanliness or damages. He made a few notations as to minor issues and submitted a notice of repair on January 10, 2017 with a new phone number. He indicated a problem with the ceiling fan in the master on his repair request, but did not write anything on the move in sheet that there was a problem with the ceiling fan at the time of move in November 11, 2016, he only reported it on January 10, 2017. Management agreed to look the ceiling fan. Maintenance contacted Mr. Compton and he was at home so John went over to review the items listed on the repair request. All of the issues were remedied on that day with the exception of the ceiling fan. John came back to the office on January 12, 2017 and submitted his bill for payment on the repairs that he did. He told Management he wasn’t sure what needed to be done to the ceiling fan. Management asked Bobbie Winn to take a look so we could let the owner know what the situation was.

A call was made to the tenant on January 16, 2017 to look at the fan. He was home so Bobbie went over. It was determined that 2 brackets were bent which caused the ceiling fan to shake and make a loud knocking noise. The blades were removed to take to the store to try to find replacement brackets. Bobbie was not able to find the brackets, he called Management and a decision was made to replace the entire ceiling fan. After purchasing the ceiling fan on January 16, 2017, at 5:00 pm Bobbie went over to install the fan and Mr. Compton indicated it was not a good time to do the work as he needed to go to bed so he could go to work later and asked that we reschedule. Several attempts were made to schedule the replacement with Mr. Compton, but each time it was inconvenient for Mr. Compton. On January 17, 2017, Management discovered in the Northwest Arkansas Democrat Gazette that a tenant at 2303 W Oak Park Place had called police to report a theft. Management called Unit A, that tenant indicated that they did not make the call. A called was placed to Mr. Compton about the theft but did not receive a call back. Another tenant contacted us to let us know that the police had been to 2303 B Oak Park Place, because someone had taken a baseball bat to the red Cadillac sitting in the driveway and there were pieces of the car in the driveway and some pieces were still on the driveway after he vacated.

On January 25, we received notice from the owner, he had received a letter from Black Hills Energy that the gas service was back in his name as of January 18, 2017. Mr. Compton was called on that day and requested that he get the gas bill back in his name. He indicated that the girlfriend had turned on utilities in her name and when she did not actually move in, she disconnected the utility service and he was unaware of that. He said that he would get them switched over. On February 13, 2017, we received another email from the owner with a Black Hills Energy bill that it was still in the owner’s name. Mr. Compton was called again and requested that he change the utilities back over.

During a routine inspection of the premises on March 8, 2017 it was discovered that the red Cadillac parked in the driveway at 2303 B Oak Park Place did not have a current tag on the vehicle. Mr. Compton was served a written notice about the lease violation. He called later that day to tell management that he didn’t have the tag on it because he was concerned that someone might steal it so it was in the trunk of the car. Management informed him that the car must have a current tag on it and if he didn’t want to put it on the car, he needed to at least put it in the back window of the car on display so that Management could see that it was indeed registered and current. Mr. Compton did not comply.

It was also discovered during the inspection that unit 2305 A Oak Park Place had a red car parked on the grass and that tenant was also served a notice of non-compliance. Mr. Compton stated in his complaint that management "only inforced rules to me” but we can prove that other tenants also receive lease violation notices when necessary. March 29, 2017: With regards to Black Hills Energy, the owner contacted Management to let us know he was going to have the gas service terminated on March 31, 2017 after Mr. Compton failed to put the utilities back in his name. Final Gas bill owed to the owner, $142.92. Mr. Compton was called at work that day at approximately 6:00 pm to let him know the owner was discontinuing the gas service. Mr. Compton indicated that he was currently at work and would take care of it the next day. I contacted Bobbie Winn and let him know that the tenant was at work so now would be a good time to go in and replace the ceiling fan since Mr. Compton was not at home, he would not be inconvenienced and we would not be in his way. Bobbie went over only to discover that Mr. Compton had changed the locks. Mr. Compton did not get written permission as required by the lease prior to changing the locks and providing management with a key. The owner was notified about another lease violation. The gas bill we received in April indicated that he did not request transfer of gas service and the service was terminated by the owner on March 31, 2017.

On April 5, 2017, lawn care called Management to let them know a car was parked on the grass at 2303 B Oak Park Place. Management went over and discovered that a silver Cadillac was parked on the grass next to the red Cadillac. An email was sent to the owner advising him of another lease violation. The owner called Management the next week, the situation was discussed and a decision was made to terminate the lease with Mr. Compton because he had too many lease violations after only having lived there 4 ½ months. April 14, 2017, Mr. Compton was served a notice of lease termination for continued non-compliance of the lease. He was given until the end of April to vacate the premises and turn in the keys to the unit. It was also requested of him to put the original lockset back on the premises and turn in the original keys given him.

On May 1, 2017, Mr. Compton returned one door key that matched the lockset he installed but not the keys or original lockset. We did not get the original lockset or keys back from Mr. Compton, nor did we find the original lockset on the premises after he vacated, resulting in new locks being put on the doors. Management went on May 2, 2017 to review and take photos of the condition Mr. Compton left the unit in. The trash cans were full, some bulbs were burned out. The cleaning had not been completed satisfactorily. Lease says no trash or furniture left behind, bulbs to be replaced, clean under appliances, etc or tenant would be charged for items not completed. The cleaning lady charged her minimum of $100 to clean the cabinets and drawers inside and outside, clean the master bathroom tub and sink, dust the cobwebs, clean the filter grate, clean around switch plates and door knobs, and clean under appliances. Mr. Compton states that we "charged me 3x for a cleaning fee”. Management does not set the rate for cleaning, the cleaning lady has her own rates and her charge is a minimum $100 which is what was charged against Mr. Compton’s security deposit. Maintenance was sent over to replace the locksets, put in new bulbs, and remove the trash. Mr. Compton was only charged with the lock change. He was not charged with replacement of the ceiling fan as he states in his complaint.

I previously explained the situation with the ceiling fan and not being able to install the new fixture as maintenance was unable to make a convenient appointment with Mr. Compton. We are required to send Statement of Security Deposit within 60 days of vacating the premises. It was mailed on June 29, 2017 in full compliance. Mr. Compton received a partial refund of his deposit. Management did not ask Mr. Compton "to give my apartment to another tenant”, his lease was terminated for continued non-compliance of the terms of his lease. The "alleged” lease violations have all been proven. Management is allowed to collect rent and the tenant is required to pay rent until another tenant has been secured if lease has not expired. New tenant secured on May 6, 2017.

Mr. Compton failed to comply with the terms of his lease every month that he lived at 2303 B Oak Park Place and subsequently was asked to remove himself from the premises as a result. Management did not discriminate against Mr. Compton. He was given full respect and consideration the same as any other tenant. Mr. Compton did not return the same respect and consideration to Management. On May 8, 2017, Mr. Compton called our office. Rose Cambron, was working the front desk that day. He was asking some questions about the security deposit, she walked back to my office; and in my presence, she told him that we were waiting for the owner to send up copies of the Black Hills Energy bills so they could be deducted from the security deposit and then a check would be mailed to him. She told him that we had 60 days to return the security deposit and I could hear Kevin Compton start yelling at her over the phone, she told him, "sir if you continue to raise your voice I will be forced to terminate the call” he quieted down for a minute or two and then I heard him start yelling again, she told him, "I am terminating the call because you are continuing to yell at me” and then she hung up. I hired Rose because of her past experience in a call center, and she handled the situation as she was trained to do in the calling center. Mr. Compton was very disrespectful to Rose.

Mr. Compton sent an email to me on June 27, June 28 and June 29, stating that the time was almost up to return his deposit and he intended to file charges against us if we did not comply. A lady called on Mr. Compton’s behalf on June 29, 2017 at approx 2:21 p.m. asking for information about Mr. Compton’s security deposit. She refused to identify herself when asked and she was told that since she was not on the leasing paperwork we could not discuss the matter with her. She kept saying that Arkansas Law states the deposit is to be returned within 60 days and we explained to her that the lease says the owner has it and HE will return it in a manner that complies with Arkansas Law. She was also told that an email was sent in reply to Mr. Compton’s email from June 28, 2017, but she stated that he said he had not received it and asked for it to be sent again. She was told that we were not required to respond to email, although we did, we are not required to resend the email, but we did.

Copies of original email and the resent email attached. He still claims that he never got it. Part of this phone call was recorded. We could hear Mr. Compton in the background making comments and telling lady to ask us questions, but for whatever reason he would not get on the phone himself. On June 29, 2017, Aelous Real Estate and Property Management concluded business with Mr. Compton and mailed his Statement of Security and check for the remainder not used on June 29, 2017. Mr. Compton cashed the check mailed to him on July 5, 2017. Aelous Real Estate and Property Management prides itself on being fair, honest and competent when dealing with the public. Mr. Compton’s statement that, "This company has a history of conducting bad business and taken tenants deposits” is a statement based on his own experience and not on the thousands of individuals we have rented to over the past 11 years of being in business. We fully comply with the Arkansas Landlord/Tenant Law and return the deposit in the allotted time to tenants who complete the move out process satisfactorily. Mr. Compton’s rental history is poor by his own doing and not by anything that Aelous Real Estate and Property Management did. We handled Mr. Compton’s lease agreement in the same professional manner as we do all other tenants.

Your story doesn't surprise me. Go to the Court House and file a claim. Property Managers are representing the owners so be sure to contact them also. If that doesn't help, call City of Rogers and media.