Blue Mountain Real Estate & Property Management

"Our lease states we have a right to show the property during the last 30 days of tenancy. We have tried to have limited times for showings to accomodate this family. We have called to confirm, or to inform we had no showings based on a determined schedule. Wayne called and confirmed an appointment for today with one party, and the spouse called up later to try to stop the confirmed appointment with the prospective tenant. This issue has nothing to do with the end of the lease, or funds or harassment. The lease clearly states we can show, and we always call to set up times for showings, as to do those with tenant consent. The communication issue was not on our business end. We do everything we can to respect the tenants occupying the homes we manage, but ultimately our fiduciary duty is to the ownership of the property."

"Our lease states we have a right to show the property during the last 30 days of tenancy. We have tried to have limited times for showings to accomodate this family. We have called to confirm, or to inform we had no showings based on a determined schedule. Wayne called and confirmed an appointment for today with one party, and the spouse called up later to try to stop the confirmed appointment with the prospective tenant. This issue has nothing to do with the end of the lease, or funds or harassment. The lease clearly states we can show, and we always call to set up times for showings, as to do those with tenant consent. The communication issue was not on our business end. We do everything we can to respect the tenants occupying the homes we manage, but ultimately our fiduciary duty is to the ownership of the property."

"Mr. [Member Name Removed] is correct that the home was left badly by the owners, who themselves were in the middle of a PCS move. We did not have enough time between their leaving and the Lymans' occupancy to get the home up to our usual standards for rental. As Mr. [Member Name Removed] mentioned we tried to get a cleaner into the home, but the independent vendors' schedule did not mesh with theirs. As one method of compensation, they were only charged for part of the carpet cleaning which was their's contracturally to pay when they left. As to the main complaint about notice and responsibility. The Lymans' were verbally told how the process works, as well as a written description, above and beyond the lease verbage. Our policy is similar to other companies in town, and some companies do have the "30 day notice" from the date it is provided. Our policy follows the SCRA, under which Mr [Member Name Removed] was released from the lease, TO THE LETTER of the policy. Perhaps a re-read is in order: """"To terminate the lease, the member must deliver written notice to the landlord at any time after call to active duty or receipt of orders for active duty. Oral notice is not sufficient. The effective date of termination is determined as follows: For month to month rentals, the termination becomes effective 30 days after the first date on which the next rental payment is due subsequent to the date when the notice of termination is delivered. For example, if the rent is due on the first day of each month, and notice is mailed on August 1, then the next rental payment is due and payable on September 1. Thirty days after that date would be October 1, the effective date of termination. For all other leases, termination becomes effective on the last day of the month following the month in which proper notice is delivered. For example, if the lease requires a yearly rental and proper notice of termination is given on July 20, the effective date of termination would be August 31."""" Mr. Lymans' lease was under the "yearly category" and we applied the SCRA properly. Since the [Member Name Removed]'s were responsible for the month of February, they were billed for the services to the property during that month. As to the water billing, the amount covered 42 days of service, and was provided to us per the water companies policy at the end of a lease. Had they understood to give us notice in January (at the begining of the month, for a move in February, which dates did change, and we would have worked with them.....) They would have only been billed for prorated rent and utilities in February, as a pro-rate/ hold over tenant. We understand plans, and military moves change. It is unfortunate that by misunderstanding the description of what to do in their best interest (give notice by Jan 1 for a February move), that this unhappy result occurred. Please understand that we apply our lease/policies equally and across the board to all the tenants we are responsible to."