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Tax, SDIRAs & Cost Segregation

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Eric Everstine
  • Las Vegas, NV
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Dispute with Property Manager

Eric Everstine
  • Las Vegas, NV
Posted Aug 11 2015, 22:10

Hi, all, I'm just looking for some guidance here.

I moved from my residence a few months ago and rather than sell, I decided to hold onto the house as a rental property. I hired a property management company for an initial fee ($245, one-time only), an advertising fee ($400 any time they have to get a new tenant) and then 10% of the monthly rent. They required three months notice if I cancelled their service, or there'd be an early termination fee of three months' rental fee (the 10% of the rental amount).

I hired them with over two month's lead time before the place would be available, figuring that would be plenty of time to get a tenant. They were sloppy from the beginning, not following through on a scheduled inspection until two weeks late, then never getting back to me on any recommended or necessary work (which there definitely was). The "professional photography" was some guy who couldn't care less coming by and snapping a few pics on his iPhone (no flash!) before driving off asap. The pics were awful, and it still amazes me that anyone could post grainy and blurry pics of random parts of the house online and expect it to sell.

It took weeks and many emails/texts and revisions on their part to correct the ads (and I had to take my own pics) and with two weeks to go, it still had not rented. In fact, only one person had even LOOKED at the house in the entire two months they had been advertising it. 

I then notified them that I was terminating our agreement immediately. I felt they didn't live up to their end off the bargain. I figured I'd eat the initial fees ($645) but since the place never rented, and they didn't live up to their end of the deal there would be no early termination fee (I really thought I should get EVERYTHING back but I figured I'd have no chance getting a dime from them without litigation). I discussed this with them, but they were noncommittal. 

Fast forward two months, and they've just sent me a bill for the early termination fee PLUS their monthly rental fees for the meantime.

How can I handle this? The amounts involved seem too small to be worth getting a lawyer involved, but I need to resolve this somehow, and they clearly aren't interested in being remotely fair. What can they do if I don't pay? What options are available to me to resolve this? 

Thanks for any and all advice/opinions/thoughts.  

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