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Old 05-11-2015, 02:10 PM
 
2 posts, read 1,507 times
Reputation: 10

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I just fired my old property manager (PM) because he wasn't managing the property full time as agreed & I found myself doing a bit of the work from afar. The tenant is still in the home (on a month to month lease) but plans to move out in a month while under the new PM.

Our challenge is the old PM won't provide the new PM with pertinent info on the tenant so we can hold her accountable for any damages, fees, etc. upon move out. The rent increased last month & the tenant only paid the old rate to the new PM. The new PM said they can't force the old PM to give them the tenant info & we feel as though we're forced to take whatever the tenant wants to give us without any accountability. Being able to report her to the credit bureaus would be the least we would take if she decided she didn't want to pay us anymore, but we can't even do that without her SSN. Is there really no way to hold a tenant accountable when switching to a new PM? We have basic info like her name & where she works, but nothing that would really hold her responsible to the credit bureaus.

The tenant (who is also a realtor) has been so difficult with almost everyone she's had to interact with. We had to send 2 different A/C technicians because she got into it with the first one & he refused to go back out to do the job. The second A/C technician was able to work through it but was locked out as soon as the A/C started running & wasn't able to fully complete the job. He's had to go out there 3 different times without completing the job. She has also cursed at the new PM & staff.
We have a security deposit but are worried it may not be enough to cover everything she may be responsible for.
Any words of wisdom is greatly appreciated.
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Old 05-11-2015, 03:33 PM
 
201 posts, read 201,383 times
Reputation: 249
(1) What does your lease agreement say regarding payment, damages, fees, etc.?

(2) What does your contract say with the first property manager about providing you with information?

Those documents are guiding and finding out the information stated in them should be the first step.
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Old 05-11-2015, 06:29 PM
 
2 posts, read 1,507 times
Reputation: 10
The lease agreement states that she is to pay the increased rent once she is in a month to month status as long as she received the 30 days advance notice, which she did. She's simply choosing to pay what she wants. We could always pursue through the courts but it would take up too much time & money on our part for what may seem like something that won't be fruitful. We also live in another state so it's also not a viable option for us. We'd rather it just affect her credit history if we can't get the proper rent.

Unfortunately, I didn't find anything in the contract that I had with the old PM that speaks to providing me with information regarding the tenant. I always had a sneaking suspicion that the old PM was friends with the tenant but could never verify if this was true. It all make sense now though, albeit too late.
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Old 05-11-2015, 09:11 PM
 
Location: New Braunfels, TX
6,257 posts, read 8,986,685 times
Reputation: 6342
Might contact the Texas Board of Realtors, along with the San Antonio Board of Realtors. Written or not, there are certain fiduciary duties they must meet.
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Old 05-12-2015, 08:24 AM
 
201 posts, read 201,383 times
Reputation: 249
Quote:
Originally Posted by seaglass123 View Post
The lease agreement states that she is to pay the increased rent once she is in a month to month status as long as she received the 30 days advance notice, which she did. She's simply choosing to pay what she wants. We could always pursue through the courts but it would take up too much time & money on our part for what may seem like something that won't be fruitful. We also live in another state so it's also not a viable option for us. We'd rather it just affect her credit history if we can't get the proper rent.

Unfortunately, I didn't find anything in the contract that I had with the old PM that speaks to providing me with information regarding the tenant. I always had a sneaking suspicion that the old PM was friends with the tenant but could never verify if this was true. It all make sense now though, albeit too late.


This would be a claim that could be brought in small claims court, the costs are extraordinarily cheaper. Does your contract provide for recovery of attorney's fees? If so, you can hire an attorney and get a judgment for the tenant to pay your attorney's fees. If not, you're still in luck. Texas has a statute that enables recovery of attorney's fees for breach of contract even if it's not stated in the contract (Tex. Prac. & Rem. Code sec. 38.001).

Either way, you should seek the advice of an attorney. Contact the San Antonio Bar Association's Lawyer Referral Service and they can get you in touch with an attorney that can help you. The number is 210-227-1853.
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