WORLD Law Direct Forums  





Go Back   WORLD Law Direct Forums > Real Estate & Property Law > Landlord vs Tenant Issues
REGISTER FAQ SEARCH Today's Posts Mark Forums Read
Personal Lawyer Legal Forms Calendar

Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Poor Property Management... I want to dissolve contract.

Consult Your Own Personal Lawyer Now!
Reply
AddThis Feed Button
 
Thread Tools Search this Thread Rate Thread Display Modes
Old Sep 19th, 2008, 01:04 PM     #1
Unregistered
 
Unregistered's Avatar
 
Posts: n/a

EEK! Poor Property Management... I want to dissolve contract.

I am a home owner. I hired a property management company to find a renter for the home and manage it because I moved out of state. This home is only 10 months old, so it should be a very simple task.

They found a tenant, which is wonderful, but it all stops there. There have been several problems with their service. It is unsatisfactory. The contract we signed states a "buy-out" fee, which is rather large. Instead, I want to stop the contract now, and we'll part our ways. The only problem, is that they have a hold of the tenant's deposit money in some kind of escrow account, and I want to make sure I get it, to hold on to.

I now know the tenant because they just call me directly for help, since the property managers are so unreliable. The tenant agrees they are not doing their job, and they have said they will carry on their lease directly with me, and we'll stop using the middle man.

I plan to approach the company and tell them I am dissatisfied. If they won't let me out of the contract without the "buy-out" or giving me the deposit money, I want to make sure I have grounds to take them to small claims court.

Here are the things I have done right: provided a house to rent, signed contract, let the property managers take their cut before they give me a check, had my dad take care of the repairs so it wouldn't cost me anything extra from the rent checks I'm getting

Here are the things I have done wrong: nothing

Here are the things the tenants have done right: made their payments on time the 1st of each month (2 months so far), notified the property managers after move-in of any current problems in the home that should be fixed (although it took them 10 days to have their numerous calls returned)

Here are the things the tenants have done wrong: nothing

Here are the things the property managers have done right: advertised the property, secured a tenant

Here are the things the property manager have done wrong (in the order it happened):
1. It took the tenants 14 days to INQUIRE about the property and get a hold of anyone. When their mother (who was in the area) looked at the home, the PM didn't try to "sell" her on anything... they were very laid back.
2. The contract says my $ will be sent to me "approx. the 15th" of every month. On the very first month, after several messages and promises, my dad had to go in person on the 21st after 8 unanswered phone calls that day to ask why I didn't have my money yet, then they finally did (I think this is unacceptable because it is my income)
3. As mentioned earlier, it took the tenant 10 days to contact the landlord after move-in about any problems, then 2 additional days to call me. (The PM's supposedly have a 24-hour emergency contact number --- ya right)
4. It took a fridge repairman I had scheduled before moving out 2 weeks of attempts to contact the PM before he gave up and called me to get the tenant's phone number.
5. As I am getting suspicious, I double check what the PM's advertise on their website, and it is down! (like gone completely)
6. I contact the parent company corporate headquarters (they are an independently owned and operated franchise) and they notify me that they are no longer affiliated with them as of 1 month after I signed the contract (aren't they supposed to notify me of this? I went with this company because they had a "national" reputation and name)
7. The tenant still hasn't gotten their own copy of THEIR lease agreement.
8. I had a friend call to see how much a "finder's fee" would be (to maybe try and get out of the contract more friendly), and the PM stated 10% of the lease... Later I found old printouts of the website, and it states 6%. What... does he just make stuff up?
9. This month AGAIN, my $ was not direct deposited on time. My dad went in again yesterday on the 18th, and they went and did it right then.
10. I just found out they do not have a current business license in the city of operation!!

Sorry for that long list. Can I get out of this contract without losing any money? Can I threaten to sue or take to small claims court if they won't let me out? Can I get the tenant's deposit back?

Thanx in advance for anyone's help!
  Reply With Quote
Reply


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

Add Forum to Google Toolbar | Format Your Messages

Posting Rules

Similar Threads
Thread Thread Starter Forum Replies Last Post
Contract Sale of Property... ju_ju_bean5858 Other Real Estate Law Matters 1 Mar 13th, 2008 12:22 PM
Contract sale of property... Unregistered Other Real Estate Law Matters 2 Mar 11th, 2008 12:19 PM
Property Management won't pay hugnic27 Landlord vs Tenant Issues 1 Mar 8th, 2008 10:44 AM
Property management claim in NC Unregistered Landlord vs Tenant Issues 1 Dec 6th, 2007 11:01 PM
Property Management recourse Unregistered Landlord vs Tenant Issues 7 Oct 1st, 2007 11:54 AM


All times are GMT -5. The time now is 11:47 PM.


Top crime attorneys

Subscribe

Use of the Forums is subject to our Disclaimer which prohibits unapproved advertisements, solicitations or other commercial messages, and false, harassing or abusive statements. All postings reflect the views of the author but become the property of WORLD Law Direct.

Questions and information submitted in the Forums are assumed inquiries for general information and not legal advice.

Copyright 2000-2009 by WORLDLawDirect.com, Inc.