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Terminate Property Manager

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mismanaged

Junior Member
What is the name of your state?What is the name of your state? Virginia

I own a single family home and have had a property manager manage (or mismanage in this case) the property for the past few years. On many counts, the property manager has not acted in accordance with the property Management and Rental Agreement we both signed. (lost tenants rent check, does not provide monthly statements on time, poor/incorrect records keeping, failure to respond to me or the tenants, etc.) He has lost the trust of both the tenants and myself such that the tenants called me and said they don't want to deal with him anymore.

It all came to a head when the tenants’ lease was about to expire (31 August). I had not heard from the tenants or the PM with regards to the tenants’ intent (IAW the lease tenants must express in writing 60 days prior to expiration, if they intent to extend the lease), so on 27 July I provided the PM with a letter informing him that his services were no longer required. He then informed me that the tenants had submitted a letter with intentions to extend the lease (dated 30 June) so I could not terminate his services without paying him the 10% fee for the next year's rent. Of course he only informed me of this because I pressed him on termination, otherwise I wouldn't even know about the tenant's letter.

I informed him again that I as the landlord and the tenant were not happy with his services and wished to amicably end the relationship versus taking legal action. Do I have cause for breach of contract based on his performance, or lack there of? I never signed the lease the tenants are occupying the house under, is it still valid? Can I claim the lease is not valid since I didn't sign it, so the extension is not valid either and the PM is entitled to nothing?

I've spoken with the broker of the realty firm and he was no help. He promised to talk to the PM and call me back, which he never did. I can go to the BBB, but I don't think that will do anything.

What do you recommend?
 


Did you speak to the broker in reference to not wanting to use the PM any longer, or was it just to see if he could get the guy to shape up.

I'd (in writing) let the PM and the broker know all of the specific points that are being violated in the contract you have with them. Point out that (at least in the states I've lived in) such things could jeopardize his real estate license, and that your next step will be contacting the governing body for real estate licensure in your state if you can't get any resolution from them.

That's where I'd start.
 

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