Tenant has legal right to contact owner?

Question

I am a property manager for my Dad's properties. None of my tenants know our relationship and all communication and maintenance requests go through me. I have an issue with a tenant, complaining that we aren't fixing her issues when they were literally all just finished... I think she is just upset we raised her rent upon her lease renewal (which she obviously agreed to) but ever since then she has been a huge problem to deal with. She is demanding to speak to the owner and claims she has a legal right. I can't find that anywhere in my research, and Brandon's take on not telling his tenants he is the owner, makes me think she does not have a legal right to contact the owner but I wanted to make sure before I push back. We are in Kentucky if that makes any difference.

Greg M. · Answer

The following appears to be the current law. Seems to clearly say owner or person authorized to act for and on behalf of the owner, which would be you. If the tenant disagrees, ask them to cite the KY civil code that states otherwise.

KY § 383.585 Disclosure.

(1) A landlord or any person authorized to enter into a rental agreement on his behalf shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of:
(a) The person authorized to manage the premises; and
(b) An owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and receiving and receipting for notices and demands.
(2) The information required to be furnished by this section shall be kept current and this section extends to and is enforceable against any successor landlord, owner, or manager.
(3) A person who fails to comply with subsection (1) becomes an agent of each person who is a landlord for:
(a) Service of process and receiving and receipting for notices and demands; and
(b) Performing the obligations of the landlord under KRS 383.505 to 383.715 and under the rental agreement and expending or making available for the purpose all rent collected from the premises.

Dan H. · Answer

>A tenant speaking with the owner seems like a perfectly reasonable request. I cant imagine a reason why someone would not allow this.I can.  When I pay a PM, I expect the PM to deal with these types of items.  The PM is the Property Manager.  Tenant has issues, it is the PM's responsibility to deal with those issues.BTW we self manage our LTRs and use PM on our STRs.  However, if I used a PM on our LTRs, my feeling would be the same.  I pay the PM to handle these issues.  I do want the PM to let me know of any significant tenant issues, but I do not expect to have to interact with the tenant (I pay the PM for this).

Russell Brazil · Answer

Is the tenants contract/lease with the owner or the property management company?

A tenant speaking with the owner seems like a perfectly reasonable request. I cant imagine a reason why someone would not allow this.

Chris Seveney · Answer

@Dan Heuschele

I agree with Russell, I have PM’s as well and have had to get on a call with a tenant prior - not ideal but at end of day even hiring PM’s does not mean real estate is active, few things pop in my head on this

1. If the PM is doing a bad job I may find out about it (this case it’s family but who cares there is no family in business)

2. This tenant is going to be a pain and cause a lot more problems the longer they are rejected.

If they file a lawsuit then the property owner will be involved then, so why let it potentially get to that point.

Nick C. · Answer

I doubt it, but you can double check. Google landlord tenant laws for Kentucky. If you’re going to manage property you should familiarize yourself with those laws anyway.

Ned J. · Answer

Legally they have no right to contact the owner directly.... if the tenant insists they do, have them cite the legal ruling...

The big issue is "how do you resolve the conflict"? I'm paying a PM to do that..... but if I'm confident the PM is doing a good job, and its still not resolved, then I would have no issue with a conference call with the tenant and the PM all on the call. No emails or direct calls between me and the tenant....it ALL goes through the PM.....And there is a strong likelihood I'm going to 100% back up the PM on everything that has already been stated and put in place. Sometimes the tenant just has to hear it from both parties.  Its like the little kid running to mom when dad said NO..... you provide a unified front. Even if there are some things that you may do different than the PM, you keep your mouth shut in front of the tenant. You stick together....any discussion between me and the PM is muted or off the call....

Prior to the call I would have a long conversation with the PM on the plan and what has been said/done before.

Dan H. · Answer

I expect the PM to inform me of any/all significant issues.  If I want to get involved with a tenant issue, I want it to be my choice.

If a PM gave tenant my contact info without my OK, I would have a discussion with the PM on their role, my expectations, etc.

my role as owner/asset manager is to manage the PM and make certain decisions that are beyond the scope of the PM.  I definitely agree that residential RE is not passive even with the use of PM.

Kelly Cook · Answer

Typically the property manager is the contact for the tenant and that's where it stops. You represent the owner & therefore they get to talk to you only, not the actual owner.

James Wilcox · Answer

This is the correct answer to this. PM contact and owner address if needed for a lawsuit. Not necessarily to talk to them directly about any issues with the property. That is what the PM is for.

Tenant has legal right to contact owner?

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