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Old 10-14-2008, 11:36 AM
 
1 posts, read 3,346 times
Reputation: 10

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I signed a lease in May 2007. The lease is with "ABC Management Company/Remax and Owner of Home". I paid my security deposit and pet deposit to ABC Management Company. Also pay my rent to ABC Management Company. I get a call from the owner of the property saying she is not going to use ABC Management Company anymore. I get an e-mail from the owner saying to send my rent payment directly to her. I send an e-mail to ABC Management Company stating same and receive an e-mail back that they have filed Chapter 7 Bankruptcy and are not accepting rent payments anymore.
So, then I get a call from another lady saying she represents Such and Such Management Company and that the owner has decided to go with their management company. I tell her that I need something in writing. So, Such and Such Management Company send me a copy of the agreement between the management company and the owner. The only thing is that the agreement has the wrong house address and the commencement date and expiration date are stated as September 15, 2008 thru August 31, 2008 and the agreement isn't signed by anyone.
My question is doesn't the new management company need to send me something in writing? Don't they also need to amend my lease. Currently, I feel I am only liable to the actual owner because I don't know that Such and Such Management Company is even legally contracted with the owner.
I really don't know what to do. I don't know who has my deposit.
Any pointers on dealing with this situation would be great appreciated. I reside in Texas if that helps in answering my question.
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Old 10-14-2008, 01:52 PM
 
878 posts, read 1,318,073 times
Reputation: 445
Quote:
Originally Posted by jreynolds1111 View Post
I signed a lease in May 2007. The lease is with "ABC Management Company/Remax and Owner of Home". I paid my security deposit and pet deposit to ABC Management Company. Also pay my rent to ABC Management Company. I get a call from the owner of the property saying she is not going to use ABC Management Company anymore. I get an e-mail from the owner saying to send my rent payment directly to her. I send an e-mail to ABC Management Company stating same and receive an e-mail back that they have filed Chapter 7 Bankruptcy and are not accepting rent payments anymore.
So, then I get a call from another lady saying she represents Such and Such Management Company and that the owner has decided to go with their management company. I tell her that I need something in writing. So, Such and Such Management Company send me a copy of the agreement between the management company and the owner. The only thing is that the agreement has the wrong house address and the commencement date and expiration date are stated as September 15, 2008 thru August 31, 2008 and the agreement isn't signed by anyone.
My question is doesn't the new management company need to send me something in writing? Don't they also need to amend my lease. Currently, I feel I am only liable to the actual owner because I don't know that Such and Such Management Company is even legally contracted with the owner.
I really don't know what to do. I don't know who has my deposit.
Any pointers on dealing with this situation would be great appreciated. I reside in Texas if that helps in answering my question.
Such and Such probably is the property management company. But just to be safe, I would suggest contacting your landlord. If she is unavailable, email her and Such and Such and inform them that until you receive a signed written acknowledgement that rent is due to Such and Such, you will be paying it to the landlord.

As for your security deposit...check your local laws. Some states require the landlord to hold it in a separate account, others let the landlord mingle it with other funds, etc. I would assume that your landlord still owes you the security deposit (or an accounting) after you vacate, despite the property management company going bust.

Personally, when I rented I never expected to get a security deposit back.
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Old 11-11-2010, 02:02 PM
 
1 posts, read 2,458 times
Reputation: 10
if you are a property manager and have a written year lease with the present tenant and the owner switches managers after 4 months does the owner owe the present property manaer commisson for the balance of the year of the lease?
california tenancy
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Old 11-11-2010, 02:35 PM
 
Location: Tempe, Arizona
4,511 posts, read 7,493,083 times
Reputation: 2106
Quote:
Originally Posted by blue1957 View Post
if you are a property manager and have a written year lease with the present tenant and the owner switches managers after 4 months does the owner owe the present property manaer commisson for the balance of the year of the lease?
california tenancy
Should be spelled out in your property management agreement. If not, then probably not.
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Old 11-11-2010, 07:53 PM
 
1,376 posts, read 1,749,995 times
Reputation: 1613
If you don't like people paying on the 3rd, start charging late fees on the 2nd. Intenionally avoiding taking payments within the grace period is unfair since they are abiding by the terms of the lease.
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Old 11-12-2010, 12:41 AM
 
Location: Kailua Kona, HI
2,723 posts, read 6,248,089 times
Reputation: 2391
Quote:
Originally Posted by blue1957 View Post
if you are a property manager and have a written year lease with the present tenant and the owner switches managers after 4 months does the owner owe the present property manaer commisson for the balance of the year of the lease?
california tenancy
Should be in your contract. In many, if an owner terminates with proper notice (60 days) then the management company is still entitled to 50% of their commission for the balance of that lease.

Check your management agreement.

To the OP, the management company should honor the terms of your lease no matter what they are (if they're legal!) When it's time to renew. then they can present their lease and their terms to you.
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Old 04-06-2011, 01:23 AM
 
1 posts, read 2,266 times
Reputation: 10
Quote:
Originally Posted by ShaneSA View Post
I'm also a LL. I give a 3 day grace period to people. So many tenats pay on the 3rd. they think it means the rent is due on the 3rd. Everytime I accept the rent on the 3rd, I remind the tenant that it is due on the 1st, late after the 3rd. One month, I made myself unavailable to anyone and those people who thought they could pay on the 3rd were late when they found me on the 4th. They both paid late fees. They now also pay on the 1st. Sometimes you have to be a little mean to get your point across.
Reply~I have only one thing that may or may not be the situation of others...The owner/landlord of my house,has'nt had me sign a lease since the first year I was here which was six years ago. He and his wife are the sweetest people and I know them quite well. My thing is because of health problems, they have just hired a management company to accept the rent and etc. The owner of the rental place has now threatened me with sign a year lease or pay 100 dollars extra a month and if I decide to pay a hundred dollars extra a month, it must be paid by the first of the month. Six years living here, on disability, and my money for my disability I do not even get until the third sometimes the fourth. Six years the owner was fine with it. Now I just got an eviction threat from this management company. I really do not think that is fair at all!
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Old 07-08-2013, 01:29 PM
 
1 posts, read 1,115 times
Reputation: 10
Is it legal for a landlord to avoid being liable for numerous infractions by hiring a management company mid-lease? If there has been flooding, no heat, no AC, bug infestation, unfulfilled promises of services, etc. and the tenant has paid rent on time always, despite loss of livelihood since tenant works freelance at home?
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Old 07-08-2013, 02:05 PM
 
Location: Boise, ID
5,569 posts, read 10,908,526 times
Reputation: 4979
Quote:
Originally Posted by gooselberry View Post
Is it legal for a landlord to avoid being liable for numerous infractions by hiring a management company mid-lease? If there has been flooding, no heat, no AC, bug infestation, unfulfilled promises of services, etc. and the tenant has paid rent on time always, despite loss of livelihood since tenant works freelance at home?
Holy thread bump Batman



First off, the owner/landlord is always ultimately responsible for those things (assuming the property management company has half a brain and wrote such into their management agreement with the owner). So even if they hired a property management company, the owner is still liable.

Second, I feel bad for that property management company and bet they have no idea what they are walking into. Hopefully things will get better for you with them involved.

Finally, why are you still renting from this slumlord? With the problems you've listed, you could have easily broken your lease legally and moved. Be aware that simply putting up with the problems and not filing written certified complaints may waive some of the owners liability. Not all, but some. For example, you probably can't go back after the fact and demand rent back because you didn't have heat or A/C after the fact. And you can't use past problems as an excuse not to pay rent in the future. Not saying you intended to. Just saying some of their liability may be waived by a judge simply by the fact that time has passed.
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Old 07-08-2013, 02:14 PM
Status: "Life is Good" (set 10 days ago)
 
Location: Still in a pile of boxes, but now in Del Norte County on the coast - wahoo!
7,052 posts, read 4,679,389 times
Reputation: 6900
Quote:
Originally Posted by Lacerta View Post
Holy thread bump Batman
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