I have a town house in another state, I have a property manager to manage it.
If my tenants move out a month before their lease ends and fail to pay that month's rent, is my property manager obligated to pay me for that month's rent?
The tenents did leave a deposit, but also left the town house in need of some major repairs that the deposit isn't going to cover.
Isn't the advantage of having a property manager so they can take care of these things legally? Will I be able to recover the month's lost rent? And use that deposit towards repairs only.
I need some info before I talk to my property manager about this. Someone please help.... Thanks!
2007-02-25 01:35:17 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
The property is in South Carolina, and I live in Oklahoma. I'm not sure what my agreement with the property manager is.
The tenants did give 30 days ( prior to the lease ending) but left at the beginning of that 30 days and I don't think they are going to pay it.
I don't think it's worth getting a lawyer, since I'm not even in the same state. Trying to do it that way would not be worth it.
If I don't get the payment, then I'm sure it will go on their credit report. The money would be nice, but atleast I have my health. Thanks for your alls help so far!
2007-02-25 04:16:50 · update #1
That really depends on two things
1.) What liability is inherited by the manager pursuant to the terms of your contract with him/her
2.) What the landlord tenant act in the state the property is located in says.
Use additional details and tell us what state the property is in and I'll come back and give you the links you need.
Buena Suerte
Additional details:
You really should look at your contract with the agent if you can't find it ask that one be provided to you.
Here are the links that you need. For sure look at the one that says landlord tenant act, in case you want to check the licensee I've included that link.
LOOK UP LICENSEE: http://www.arello.com/ArelloWeb/ShowPage?command=main
REAL ESTATE COMMISSION: http://www.llr.state.sc.us/POL/RealEstateCommission/
STATE’S WEB SITE: http://www.sc.gov/
LANDLORD TENANT ACT: http://www.scstatehouse.net/code/t27c040.htm
Cities Web sites: http://www.naco.org/Template.cfm?Section=Data_and_Demographics&Template=/cffiles/counties/citiesstateall.cfm&STATECODE=SC
2007-02-25 01:47:17 · answer #1 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
What was your agreement with the property manager? I'm guessing that in their property management agreement, they did not agree to reimburse your for tenants moving out early.
I'd start there and see what you agree to with the management company.
You can recover the months rent by suing the former tenant. However, it might not be worth it if it's going to cost you more to track them down just to get one months rent. Whether you can recover it from the manager or not depends on what your agreement with them was.
2007-02-25 02:16:34 · answer #2 · answered by Faye H 6 · 0⤊ 0⤋
The property manger is not the owner or tenant of your building. The manger only process the paperwork for you, rent out the units, take care of the maintenance and handle complaints.
If the tenant moved out without a legal notice of at least thirty days, then they are in valuation of their rental agreement. They forfeit their security deposit, and any charges over that amount you can take them to small claims court. The collection item will appear on their credit report, and this will block them from renting from someone else until they have paid you in full; including all legal fees.
We had a tenant who moved out without giving a thirty day notice, and we took them to small claims court. They did not come to court, so we won by default. It showed up on their credit report after they had already rented another unit. Three years later they wanted to purchase a house, and they called us wanting to clear up this unpaid balance of $360.
So make sure that you follow through with legal actions to collect the money that is due to you. Do not waste your money by turning it over to a collect agency, justice is served by having a noncollectable item on their credit report.
2007-02-25 02:10:17 · answer #3 · answered by D S 4 · 0⤊ 0⤋
I can only offer this. You have alot to lose. I'd talk to a lawyer and not rely on answers from people on yahoo. Even if you do get correct information from some, things often depend on the state laws. Spend the money and get professional advice. And when you do find out, I'd put it in writing for the property manager.
2007-02-25 01:44:24 · answer #4 · answered by ME 4 · 1⤊ 0⤋
your property manager is just that,a property manager. the deposit will take care of damages,but for back rent you will need small claims court
2007-02-25 01:46:18 · answer #5 · answered by bullhillroad 3 · 0⤊ 0⤋
No! your sources supervisor wasn't the single to break the hire...Your tenants broke the hire! your sources supervisor became into employed to regulate the valuables (to no longer hire it themselves). in the journey that your settlement specifies it, your tenants are obligated to pay for something of the condominium era. some agencies fee a flat fee (often called a "reletting value") to renters that harm their rentals early. in case you probably did no longer specify this on your settlement (hire settlement), they do no longer seem to be legally certain to pay you for the entire condominium era (deliquent quantities basically).
2016-10-01 23:05:36 · answer #6 · answered by matchett 4 · 0⤊ 0⤋
it all depends on the contract you signed with the property management company.
2007-02-25 04:42:32 · answer #7 · answered by Fort-Worth-Texas-Realtor 1 · 0⤊ 0⤋
Take the renters to court! You are the owner!
2007-02-25 01:43:58 · answer #8 · answered by Gerry 7 · 0⤊ 0⤋