Property Manager will not end agreement (breaking a lease, tenant, eviction, rental)
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I sent a property manager a proper 30-day notice that I would not be renewing my agreement with him to manage my property. He has violated the terms which require him to get my approval for repairs over $500.
He also went far over budget in renovating the property initially, again without my permission. That's why I am ending the agreement.
I told the tenant that the agreement was at an end and to send her rent to me. The property manager told the tenant that the agreement was still in force and to send the rent to him. She sent it to him, apparently.
I have gotten no money nor accounting from this guy since this (rent was due the first, today is the 13th). He does have a clause that management fees are required throughout the term of the lease, even if the agreement ends. I understand that - however, the first tenant he rented to broke the prior lease, causing the term of the new tenant's lease to overlap. Normally a tenant breaking a lease is responsible for all fees associated with reletting. So it is my contention that the manager should go to them for his fees (I have not told him this yet, just trying to get my property 'back').
What can I do, he does not respond to calls or emails (would like to make an attempt without an attorney)? To me this is fraud or at least stealing the rent from me. Thanks.
Does the lease say who the rent is paid to? If it says pay the management company you "telling" the tenant anything else doesn't mean squat. You need to put it in writing.
As far as the management fees, I wouldn't think it is ever right that the management company has to get something from the tenant if it is spelled out in your contract with them.
It has my name on the lease as landlord, but directs payments to the management company.
I sent the tenant a letter and and email, also proper notice. I have also tried to go by (and also sent my longtime handyman) to introduce myself but either she is not there or does not open the door. I don't have a phone number for her.
I sent a property manager a proper 30-day notice
He has violated the terms which require him to...
I have gotten no money nor accounting from this guy since...
...would like to make an attempt without an attorney
Tough.
And before you make a new agreement with a new PM be sure that the terms
and procedures to end the agreement are spelled out by the attorney.
I have managed my own properties for many years. This is the first time I have tried a property management company. I would have to get him to release my property first before I can manage again or get a new manager!
Without seeing your written agreement with the PM, I'd do the following:
1) have your attorney write a letter to them demanding payment of the rental funds, and/or
2) file a complaint with TREC, assuming this is a licensed broker
Thanks ETex2 - Yep he's a broker...I was hoping to settle this amicably without an attorney as this guy is somebody I have known somewhat for over 30 years and his father was friends with my father going back to the early 1950s..I had no idea he would do something like this - however I've read some online reviews and apparently he's a snake. I should have trusted my instincts when I heard him use "the N word" a couple of times on my first visit to his office.
I guess he knows that I know a lot of people around here and he doesn't care if I am displeased.
Yeah, I know but I was hoping I could reason with this guy before trying a lawyer...I have a feeling that will make him dig in his heels - he has one practically on staff, whereas I have to get one...
WELL since the tenant sent her money to the PM AFTER you told her via letter that the PM was no longer in charge You can /should serve her with eviction notice .. bet that gets her attation.. your the owner he works for you so fireing him means that you fire him and file a complaint for his abuse of services ..
He sounds like a real problem so yeh Lawyer up and plan on an expensive ride to get back on track..
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seems to me...
