Legal Question in Business Law in Arizona
transferred contract still enforceable?
my 2 rental condos managed by a property mgmt company (pmc#1). original contract for 6 months and automatically renewed with pmc#1 for another 6 months unless written notice from me received 30 days prior to renewal. $500 early termination fee per property. pmc#1 can cancel any time with 15 day written notice. pmc#1 sold rights to manage my condos to pmc#2. no new contract or other verbal or written agreement with pmc#2, no signatures, only original document between myself and pmc#1. both condos currently vacant. is this contract still binding, or can i end relationship with pmc#2 even though 6 month period not expired? also, pmc#1 agreed ''to use diligence in the management''of my property, and agreed to ''make every effort to notify owners by email of large expenditures associated with operation of the property.'' if expenditures over $300, owner's prior approval required. pmc#2 repeatedly failed to collect rent on time and did not impose late fees per rental agreement, and pmc#2 failed to email me prior to approving large maintenance expenditures (one was $295) associated with my condos. pmc#2 also failed to advertise vacant properties as promised, and now wants to add new fees not listed in contract.
1 Answer from Attorneys
Re: transferred contract still enforceable?
Personal service contracts are generally not assignable without your approval. If you allow them to continue, you will likely have to pay for the time the assignee serves. You can probably terminate them.
No opinion can be issued on written contracts without viewing and evaluating them. See an attorney to do so.
Contact me for a referral to attorneys who specialize in landlord law in Arizona. You ought to have them at hand anyway. They are good people and represent thousands of units in our state.
Best regards,
James D. Jenkins
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