Legal Question in Real Estate Law in California
Problem with Property Management firm
My boss rented out his home through a property management firm and we have had many problems collecting rent efficiently from them.
We have received 2 NSF checks and thus had to resort to receiving cashiers checks from them. We are now in mid-August and have not recieved July or August rent from them.
Do we have any legal standing to request the security deposit from them? Our contract is up as of Friday, Aug. 13 so I am assuming we are going to cancel the contract.
Are we allowed to then contact the tenants and cut out the property management firm?
2 Answers from Attorneys
Re: Problem with Property Management firm
You may negotiate any terms you wish in any contract. Call me directly at (619) 222-3504.
Re: Problem with Property Management firm
Is the problem with the property management firm, or with the tenants? Ultimately, I suppose, tenant problems usually show a manager that hasn't done its job carefully.
First, you should review your contract with the property manager and, if you have copies, the leases with the tenants to see what their terms say, especially re expiration date and termination for cause.
Your legal measures will differ depending upon whether you need to go after the property manager or the tenants. The property manager can be terminated either because the contract has expired by its terms or due to a material breach of its terms. Getting rid of non-paying tenants may require an eviction process, and how that is pursued depends upon whether there is an unexpired lease term remaining or not.
In any case, you should focus on getting a better property manager that has good references.
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