stillmoody
Junior Member
HELP! Need answers by tomorrow... PLEASE!
What is the name of your state? Arizona
I am unsure what category this problem falls under but I need help right away!
My husband and I manage apartment complexes and live onsight. We originally began working for a property management company who was mismanaging funds and not taking care of the property as contracted - there are lawsuits pending by the owners now. We were offered a position as management working directly for the owners at the time this company was terminated. We accepted and live onsight providing all maintenance, management, as well as complete repair work. We handle every aspect of the property and report to the owners as neccessary by phone or email, sending financial statements monthly. Here is the problem: we were "hired" by the broker on behalf of the owners. The broker attempted to fired us last week. He came onsight with a property mgmt co. and gave us a letter terminating our tenancy 14 days later. When asked if he had the owner's authorization to do so, he replied "yes". I contacted the owners ( there are 6 4-plexes and 4 owner) and was told they had no prior knowledge nor had they agreed to this action and when he had made mention of it previously, 3 of the owners specifically stated the broker was not to take any such action. They returned to the property a few days later, posting notices for tenants stating not to pay rent to us, but to them. When the mgmt co asked me for files and keys, I refused & told them they were here without the owners consent until I received documentation proving otherwise they were to leave & remove notices. Meantime, one owner decided to go with mgmt co. We had asked repeatedly for a mgmt agreement to be signed and the broker continued putting us off. When we sent an agreement to the owners directly, he called them and told them not to sign it as he had not looked it over yet. We talk to each owner through email or by phone as needed, are at their disposal anytime, and send out monthly financial statement with receipt documentation. The broker, whom has been the broker for this property when bought and sold 4 times in the past 3 years, puts on a facade of being the owner's friend and only looking out for them "their eyes and ears" as they all live out of state. Although he authorized us and advised us to use rental income to pay bills (place is a wreck; tash bill unpaid and uncollected for 6month, pool shut by county, tenants without water for 3 months, roach infestation, etc) prior to forwarding remaining monies into owner's accounts, he now claims to this owner that he never did such a thing. This is standard practice,however, and is standard as well in any management agreement. They are now back on the property telling tenants I have "stolen money" that we were "evicted" and "not allowed on property". The owner whom is using the mgmt co now is attempting to enforce the original notice of 14 days given to us without his permission! I have his new signed mgmt agreement with the new company and it is signed days after the notice. My question is a) do we have any kind of implied agreement or contract? b) do they have to give us 30 days to vacate? If not, what time frame do we have or do they have to pursue normal eviction proceedings? c) can I sue for slander and money owed to us? d) would pursuing any action against the brokers license be out of line? e) have we done anything wrong in allocating funds for bills/maintenence etc. prior to depositing the remainder for the owners as is standard procedure?
My days here are getting shorter and shorter and nobody seems to know my rights as I am not a tenant but an employee, from my understanding the landlord tenant law does not apply. Please HELP!!!!
What is the name of your state? Arizona
I am unsure what category this problem falls under but I need help right away!
My husband and I manage apartment complexes and live onsight. We originally began working for a property management company who was mismanaging funds and not taking care of the property as contracted - there are lawsuits pending by the owners now. We were offered a position as management working directly for the owners at the time this company was terminated. We accepted and live onsight providing all maintenance, management, as well as complete repair work. We handle every aspect of the property and report to the owners as neccessary by phone or email, sending financial statements monthly. Here is the problem: we were "hired" by the broker on behalf of the owners. The broker attempted to fired us last week. He came onsight with a property mgmt co. and gave us a letter terminating our tenancy 14 days later. When asked if he had the owner's authorization to do so, he replied "yes". I contacted the owners ( there are 6 4-plexes and 4 owner) and was told they had no prior knowledge nor had they agreed to this action and when he had made mention of it previously, 3 of the owners specifically stated the broker was not to take any such action. They returned to the property a few days later, posting notices for tenants stating not to pay rent to us, but to them. When the mgmt co asked me for files and keys, I refused & told them they were here without the owners consent until I received documentation proving otherwise they were to leave & remove notices. Meantime, one owner decided to go with mgmt co. We had asked repeatedly for a mgmt agreement to be signed and the broker continued putting us off. When we sent an agreement to the owners directly, he called them and told them not to sign it as he had not looked it over yet. We talk to each owner through email or by phone as needed, are at their disposal anytime, and send out monthly financial statement with receipt documentation. The broker, whom has been the broker for this property when bought and sold 4 times in the past 3 years, puts on a facade of being the owner's friend and only looking out for them "their eyes and ears" as they all live out of state. Although he authorized us and advised us to use rental income to pay bills (place is a wreck; tash bill unpaid and uncollected for 6month, pool shut by county, tenants without water for 3 months, roach infestation, etc) prior to forwarding remaining monies into owner's accounts, he now claims to this owner that he never did such a thing. This is standard practice,however, and is standard as well in any management agreement. They are now back on the property telling tenants I have "stolen money" that we were "evicted" and "not allowed on property". The owner whom is using the mgmt co now is attempting to enforce the original notice of 14 days given to us without his permission! I have his new signed mgmt agreement with the new company and it is signed days after the notice. My question is a) do we have any kind of implied agreement or contract? b) do they have to give us 30 days to vacate? If not, what time frame do we have or do they have to pursue normal eviction proceedings? c) can I sue for slander and money owed to us? d) would pursuing any action against the brokers license be out of line? e) have we done anything wrong in allocating funds for bills/maintenence etc. prior to depositing the remainder for the owners as is standard procedure?
My days here are getting shorter and shorter and nobody seems to know my rights as I am not a tenant but an employee, from my understanding the landlord tenant law does not apply. Please HELP!!!!
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