How to fire my PM
Greetings
I need to fire my PM and am looking to dot my "i"s and cross my "t"'s - with your help! I have a SFH in Milw. WI.
The PM has failed in their responsibility on many levels:
1) our contract states that the PM will notify me and receive approval for all repairs unless it is an emergency service for tenant (e.g. furnace); he hired a plumber to fix a minor problem after I told him I'd stop by the house and check it out (I just happened to be in town on other business and was available).
2) failed to do a proper move-in/move-out and I've lost about $ 600-800 worth of property (drapes, blinds - lots of little things - most expensive a dehumidifier) when the tenants moved out. He took pictures of the house before move-in - which include most of the missing items; now can't account for them after the tenant moved out. Said I didn't tell him these items were "attached to the house" - uhhh . . the blinds were "attached to the house" and they're missing . . . what made him think the stuff was free for the taking! From what I can tell, he also failed to provide a correct 'move-in checklist' per a new WI law (2012); his form says 2006.
3) After the tenants moved out his email communication to me has been contradictory: house looks good - house needs cleaning; can charge for cleaning - can't charge for cleaning; can't charge for painting - can deduct for unauthorized 'modifications (painting), etc etc.
I'll spell all this out in my letter to him and am seriously thinking of asking him to reimburse me for missing property. Thoughts? If nothing else - I want him to return 4 months of 'management fees' he deducted from rents received for his services - mostly since he has not abided by our contract and has failed in his responsibilities.
Our contract states: "Agent shall not be liable to the Owner for any loss or damage not occasioned by Agent’s own negligence or failure to comply with its obligations." Seems pretty clear to me he IS liable.
He has found a new tenant - move-in date of Oct 1. I want to get rid of him before the new tenant arrives and hopefully have a new PM in place. I am hesitant to keep him on until after the new tenant moves in and let him collect $$ (rent and sec dep) I'll have to get back. Advice?
I'd like to change the locks the day I send the letter. The contract states either party can terminate with 60 day notice, but since he didn't do his job, I'm not waiting. He charges about $100/mo for management. I'll pay him the new lease fee for finding the tenant. I imagine we can squabble about 2 months additional fees afterward.
Do I need a lawyer?
thanks in advance
Kelly