Legal Question in Real Estate Law in California
Terminating Contract with Property Manager
In May of this year, I entered a one-year contract with a property manager to oversee my rental property.
On Sept. 28th, the owner/ broker of the property management company initiated (via phone conversation) that we termintate the contract by Oct. 1st, because it wasn't ''beneficial'' to either party. I agreed, and the next day i faxed, and mailed via certificate of mailing, the notice to terminate the original agreement based on our verbal agreement.
The broker received and acknowledged the notice, and said that after they receive payment from me for attorney fees accrued for an eviction they assisted with, that they would sign my notice to terminate.
The payment was made to them the next day, and the check cleared the following day, and I have yet to receive the notice signed by them. I sent another fax stating that the check was already deposited and my obligation to them was complete. It ends by saying that the termination is made final by either their signing of the notice sent or by them failing to reply at all by Oct. 6th. No response from them as of yet.
Is there still a contract between the property manager and myself?
If so, may I move to cancel it based on ''non-performance'' or ''breach of contract''?
1 Answer from Attorneys
Re: Terminating Contract with Property Manager
I would say that you have done everything you can to terminate the agreement, and that the ball is in the PM company's court. I would take one additional step, which you may have already done - send the tenants in the property a letter indicating that the PM company is no longer managing the property, and that they are to contact you directly (or a new PM company). If the previous company does attempt to continue managing the property, collecting rents or anything of that nature, I would then contact an attorney.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
