Are owners entitled to tenet information?

[tyhardee]

What is the name of your state (only U.S. law)? North Carolina

I own a vacation rental in North Carolina. A property management company handles all aspects of renting out my property. I am going to ask my management company to provide me a list of the tenets who have stayed at my property along with their contact information. I anticipate that my management company will be reluctant to do so. Obviously it is in their interest to keep that information from me if possible. There is nothing in our contract that specifically addresses this issue. I expect them claim that providing tenet information is against their policy, or that they need to protect their customers confidentiality. I feel that my management company represents me, and that the tenets are my customers. Therefore, I should be entitled to that information.

I would like to initiate this conservation knowing exactly what information I am legally entitled to. What North Carolina State real estate laws and regulations can I reference to let my property managers know that I am informed to as to those entitlements if necessary? Any Help is greatly appreciated. Thanks,

 

[LdiJ]

What is the name of your state (only U.S. law)? North Carolina

I own a vacation rental in North Carolina. A property management company handles all aspects of renting out my property. I am going to ask my management company to provide me a list of the tenets who have stayed at my property along with their contact information. I anticipate that my management company will be reluctant to do so. Obviously it is in their interest to keep that information from me if possible. There is nothing in our contract that specifically addresses this issue. I expect them claim that providing tenet information is against their policy, or that they need to protect their customers confidentiality. I feel that my management company represents me, and that the tenets are my customers. Therefore, I should be entitled to that information.

I would like to initiate this conservation knowing exactly what information I am legally entitled to. What North Carolina State real estate laws and regulations can I reference to let my property managers know that I am informed to as to those entitlements if necessary? Any Help is greatly appreciated. Thanks,

Is this the kind of vacation rental where people only stay for a week or so at a time? If so, then it could possibly be questionable to give you that information. I really don't know for certain one way or another, however I would recommend proceeding with some caution.

 

[tyhardee]

Is this the kind of vacation rental where people only stay for a week or so at a time? If so, then it could possibly be questionable to give you that information. I really don't know for certain one way or another, however I would recommend proceeding with some caution.

Yes, it is a weekly rental. My management company maintains a website and advertises on other vacation rental sites. The management company handles all interaction with the renters from booking, securing payment, opening the home, maintenance issues, and cleaning. I have no interaction with the guests, and I intend to keep it that way. However, I would like to have their contact information in case I decide to change management or manage myself in the future. I would of course only be seeking the contact information for tenets who stayed at my property and not anyone else's.

 

[LdiJ]

Yes, it is a weekly rental. My management company maintains a website and advertises on other vacation rental sites. The management company handles all interaction with the renters from booking, securing payment, opening the home, maintenance issues, and cleaning. I have no interaction with the guests, and I intend to keep it that way. However, I would like to have their contact information in case I decide to change management or manage myself in the future. I would of course only be seeking the contact information for tenets who stayed at my property and not anyone else's.

I REALLY would not recommend that you attempt to handle a vacation rental yourself. The economies of scale would make that difficult to do cost effectively, and another management company would not need your list of previous tenants.

 

[tyhardee]

I REALLY would not recommend that you attempt to handle a vacation rental yourself. The economies of scale would make that difficult to do cost effectively, and another management company would not need your list of previous tenants.

I appreciate the business advice. If anyone has the legal advice I asked for that would be greatly appreciated. Regards,

 

[CSO286]

I appreciate the business advice. If anyone has the legal advice I asked for that would be greatly appreciated. Regards,

To answer your question: Maybe.

You really need to review the contract you signed with the property management company. Therein should lie your answer.

 

[PaulMass]

According to the NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS (NARPM) CODE OF ETHICS:

Article 3. DUTY TO THE CLIENT - The Property Manager has a fiduciary responsibility to the Client and shall at all times act in the best interests of the Client.

Withholding information from the client to promote the business of the property management company above the business of the client would constitute a breach of that fiduciary duty.

This is assuming the property management company adheres to the code of ethics of the NARPM.

 

[LdiJ]

According to the NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS (NARPM) CODE OF ETHICS:


Withholding information from the client to promote the business of the property management company above the business of the client would constitute a breach of that fiduciary duty.

This is assuming the property management company adheres to the code of ethics of the NARPM.

Again, you need to review your contract. Using information provided by your management company to cut them out could also be a violation of your contract. I am not saying that it is...I am merely saying that you have to be absolutely certain what your contract says before you start making demands that might not be appropriate under your contract.

 

[tyhardee]

According to the NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS (NARPM) CODE OF ETHICS:


Withholding information from the client to promote the business of the property management company above the business of the client would constitute a breach of that fiduciary duty.

This is assuming the property management company adheres to the code of ethics of the NARPM.

Thank you! This is exactly the information I was looking for.

 

[tyhardee]

Again, you need to review your contract. Using information provided by your management company to cut them out could also be a violation of your contract. I am not saying that it is...I am merely saying that you have to be absolutely certain what your contract says before you start making demands that might not be appropriate under your contract.

Your word of caution is appreciated. My contract does not address this situation in any way.

 

[CSO286]

According to the NATIONAL ASSOCIATION OF RESIDENTIAL PROPERTY MANAGERS (NARPM) CODE OF ETHICS:


Withholding information from the client to promote the business of the property management company above the business of the client would constitute a breach of that fiduciary duty.

This is assuming the property management company adheres to the code of ethics of the NARPM.

You need to also undrstand that this is not codified in law. It is policy adopted by an industry association, and they are NOT bound by it.

And if they are a member organization, and are then bound by it, the only punishment they may face is being ousted by this group.

 

[PaulMass]

You need to also undrstand that this is not codified in law. It is policy adopted by an industry association, and they are NOT bound by it.

And if they are a member organization, and are then bound by it, the only punishment they may face is being ousted by this group.

Bzzzzt.. Wrong answer!!!

In North Carolina, a Property Manager must be a licensed real estate broker. In North Carolina, a Real Estate Broker has a fiduciary duty to his or her principal.

 

[LeeHarveyBlotto]

Bzzzzt.. Wrong answer!!!

In North Carolina, a Property Manager must be a licensed real estate broker. In North Carolina, a Real Estate Broker has a fiduciary duty to his or her principal.

Your statement is factually incorrect. OP, the above poster is similar to a broken clock, right twice a day.

 

[LdiJ]

Bzzzzt.. Wrong answer!!!

In North Carolina, a Property Manager must be a licensed real estate broker. In North Carolina, a Real Estate Broker has a fiduciary duty to his or her principal.

Huh? A property manager has a fiduciary responsibility to the owner of the property in every state. How the heck does that turn what the National Association of Residential Property Managers says into codified Law?

 

[CSO286]

Bzzzzt.. Wrong answer!!!

In North Carolina, a Property Manager must be a licensed real estate broker. In North Carolina, a Real Estate Broker has a fiduciary duty to his or her principal.

That doesn't mean the PMC is required to release to the owner the tenant information. Nor does it mean that said non-disclosure automatically constitutes a breach.

If Bob runs a PMC specific to vacation homes, timeshares and the like, and he promises his clients (property owners) that he will promote their property, screen prospective tenants, and maintain an X% occupancy rate and does so, then he is honoring the agreement made. After all, Bob spent a good amount of time and money marketing these properties, and cultivating client (tenant) relationships with them in order to persuade them to vacation at the properties he manages.

Releasing their names to the property owner is essentially putting Bob out of a job, after spending all Bob's time and money to market the properties to the appropriate potential tenants. If the property owners want to become directly involved in the day to day managing and marketing of their property, great. Then they need to do what is necessary to promote and market their properties.

But Bob is under no obligation to turn over his client list to them for that purpose--unless their agreement states otherwise.

If there were a legal issue--such as damage to the property, etc, then that would be a different matter.