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Ok so here's the deal. I checked my bank account on the 22nd and found that the check from our property manager's office had been returned to our bank NSF. I contacted the office and was told that the "owner" had been having some financial difficulties and I was not the only one who was having this problem. They told me they would call me in the morning to come pick up a cashier's check (this would have been Dec. 23rd.) I called again in the morning asking for a copy of my rental agreement and to make sure the check was ready for pick up and was told it had not arrived yet and they would call me back as soon as they knew more. After waiting a couple hours I called back only to get the voicemail repeatedly. I left a message several times but never heard back... it would seem they had closed up for Christmas without handling this problem.
I believe I am in my legal right to take back the management of my property but am not positive how to handle it with my tenants. They are GREAT tenants and I don't want to screw it up!! They have been in the property for over 2 years now and don't think they are planning to leave any time soon so I just want to let them know that they can send a check to us rather than to the management company. HELP??
This is very odd, especially the comment about the owner. To be fair, I believe I would wait until Monday morning and start calling. Don't you have anyone's cell number in that firm, like the broker's?? That's who you want to reach - the broker. Knowingly issuing a check on an account that doesn't have enough funds to clear is a very serious issue with not only the Law, but with the Real Estate Board that governs RE agents and brokers.
I hope this is just a temporary mixup and you will get all the answers (and your money) soon.
If you do not, then I would let them go (fax them a letter) and start calling other property management firms in the area to take over as soon as possible. There are laws that cover what should be done w/ a tenant's security deposit so be sure that you know the law as it applies to you.
The contractor that owns darn near everything in this town also owns the property management company who controls our property. Apparently there are lots of people having the same trouble. Seems thoroughly unethical to take the money from our tenants and then not have it available for the owners. The ladies in the office did say that the "broker" for the real estate office is trying to "buy out" the owner and that they were all expecting to be laid off at the first of the year. Craziness!!
I think my 2nd call might be to an attorney, then.
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