What is the name of your state (only U.S. law)? California
Hi there... need help! In May of this year, I entered a one-year contract with a property manager to oversee my rental property.
On Sept. 28th, the owner/ broker of the property management company initiated (via phone conversation) that we termintate the contract by Oct. 1st, because it wasn't "beneficial" to either party. I agreed, and the next day i faxed, and mailed via certificate of mailing, the notice to terminate the original agreement based on our verbal agreement.
The broker received and acknowledged the notice, and said that after they receive payment from me for attorney fees accrued for an eviction they assisted with, that they would sign my notice to terminate.
The payment was made to them the next day, and the check cleared the following day, and I have yet to receive the notice signed by them. I sent another fax stating that the check was already deposited and my obligation to them was complete. It ends by saying that the termination is made final by either their signing of the notice sent or by them failing to reply at all by Oct. 6th. No response from them as of yet.
My fear is that they are trying to charge me a management fee for this month even though we verbally agreed to terminate services and I made attempts to terminate services via written notices.
If there still is a valid contract, can I terminate on "non-performance" or "breach of contract"? They might try to justify that we are still in a contract, however they made no attmepts to advertise a current vacancy in my property or collect rent from the existing tenants for this month.
If the contract is now successfully void, is there anything I need to be aware of to protect myself from any attempts from the proerty manager to collect future management fees?
Help!
Sincerely,
Ray
Hi there... need help! In May of this year, I entered a one-year contract with a property manager to oversee my rental property.
On Sept. 28th, the owner/ broker of the property management company initiated (via phone conversation) that we termintate the contract by Oct. 1st, because it wasn't "beneficial" to either party. I agreed, and the next day i faxed, and mailed via certificate of mailing, the notice to terminate the original agreement based on our verbal agreement.
The broker received and acknowledged the notice, and said that after they receive payment from me for attorney fees accrued for an eviction they assisted with, that they would sign my notice to terminate.
The payment was made to them the next day, and the check cleared the following day, and I have yet to receive the notice signed by them. I sent another fax stating that the check was already deposited and my obligation to them was complete. It ends by saying that the termination is made final by either their signing of the notice sent or by them failing to reply at all by Oct. 6th. No response from them as of yet.
My fear is that they are trying to charge me a management fee for this month even though we verbally agreed to terminate services and I made attempts to terminate services via written notices.
If there still is a valid contract, can I terminate on "non-performance" or "breach of contract"? They might try to justify that we are still in a contract, however they made no attmepts to advertise a current vacancy in my property or collect rent from the existing tenants for this month.
If the contract is now successfully void, is there anything I need to be aware of to protect myself from any attempts from the proerty manager to collect future management fees?
Help!
Sincerely,
Ray
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