Legal Question in Real Estate Law in California

Property Manager does unauthorized repairs

I have a condo managed by a prop.manager. When my tenant moved out, I agreed to appoint him to lease out the property and manage it. After that I did not hear anything for a long time. Even after leaving many voice mails, and e-mails, he didn't contact me.

Later, I found out from his colleague that the prop mgmt co had replaced the carpet and charged me $ 1950.- I did not know of this replacement, and never authorized it.

I complained about it. When I finally got hold of him, he said that it is impossible for him to notify every owner on repairs prior to actually doing it.

Subsequently, I heard that he had put in a low quality tenant. I was not notified about the tenant, prior the agreement was signed by them(prop.mgr).

Now the tenant is paying late (it is only the 2nd. month). I want to terminate the prop mgnt agreement, because their practice of not asking approval for maintenance and not notifying me re: prospective tenant.

However, I realized that the property management agreement had a clause that stated it is valid until the tenant vacates or terminates the agreement.

How can I terminate them anyway ? Thank You.


Asked on 2/20/02, 8:01 pm

1 Answer from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: Property Manager does unauthorized repairs

Possibly, if they violated terms of the property management agreement. You may also be able to hold them liable for any losses that you incur from negligent performance of their obligation.

I would need to review the management agreement to give you a better idea.

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Answered on 2/21/02, 2:00 pm


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