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(CA) Demand Lost Rent from Property Manager for Delay in Pulling Water Heater Permit

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emery84

Member
You obviously do not understand what you quoted about unjust enrichment. What you quoted would not apply to your situation. The pm didn’t perform work for you he is seeking to get paid for. He is seeking reimbursement for work you wanted and needed that he paid for simply to facilitate the work being done In an expeditious manner.
Thank you for bringing up "unjust enrichment." PM is seeking reimbursement for work the owner had no knowledge was being performed/installed, never approved and did not have "the choice to reject" (as explained in previous post). This fits in well with definitions of unjust enrichment or at least the "choice principle:"
Cornell Law School said:
2. choice principle
1. The PM had the water heater installed without giving the owner the choice to reject the water heater, and then expects something in return (unjust payment) from the owner.

As to What exception? This exception

a) Subdivision (b) of Section 10131 does not apply to (1) the manager of a hotel, motel, auto and trailer park, to the resident manager of an apartment building, apartment complex, or court, or to the employees of that manager,
Which does not apply to the subject situation. The PM's actions are illegal, among other things.

With that, I’m done. Sue or don’t sue; pay or don’t pay.
It’s your decision and you will have to deal with the results of your actions.
The PM's unauthorized actions, the damage it caused the owner and an amicable settlement will be discussed with PM, before any court. Ok. Thanks for the feedback.
 
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emery84

Member
You’re wrong but your mind is made up. Tell it to the judge.
Actually, you're wrong. For the illegal management activity and your "exception," you can call CA DRE (877) 373-4542 and talk to an investigator. They will confirm your misunderstandings on the property management requirements and illegal activity. The laws on that are clear cut. However, it doesn't matter to me. More importantly, your feedback has been helpful and I appreciate that.
 

justalayman

Senior Member
Based on your description of the situation, your pm does fit within the exception I cited. If you told the state agency something different than you have here, it’s quite possible to get a different answer.
 

emery84

Member
Based on your description of the situation, your pm does fit within the exception I cited. If you told the state agency something different than you have here, it’s quite possible to get a different answer.
It is not "based on your description of the situation." BPC 10130 requires a broker license to manage real property, which was confirmed with CA DRE.

BPC 10131.01 does not require (exception) a broker license for managing a hotel, motel, auto and trailer park, to the resident manager of an apartment building, apartment complex, or court, etc.—which the subject property is not.
 
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