Should I report property management company to BBB?

Question

Tenant told the property management company that she was moving out of the country, and waiting for the movers to arrive.
They made the decision to not file for eviction WITHOUT CONSULTING ME.

Tenant skipped out on 1 1/2 month rent.

Tenant has been very manipulative and as soon as I found out I told them to file for eviction, because I doubted her story. I recently texted the tenant to ask if she had the pool key, and she texted back, so I doubt she's in another country, but that's a different issue.

Advice?  Comments?

Kevin Sobilo · Answer

@Karen Young, the PM saved you money and you are complaining?!? I agree they should have done as you asked but the fact that they didn't ended up saving you money.

What you should be taking away from this is that you should LISTEN to the professionals you hire! That's why you hired them.

Aaron Lewis · Answer

Karen:Don't be a 'Karen.' Think about it. If tenant moves out of the country, what would an eviction do? 1. Eviction means to 'evict' the tenant. It means to regain possession of the property. Your tenant is breaking the lease by moving out early. You have possession. There is no basis to evict. It would be a waste of your money and the judge would laugh your PM out of the room for evicting someone who's already gone. 2. A US court can't do anything about someone in a different country. The US only has jurisdiction over the US. That's why people flee to another country sometimes. And I don't think it's worth the CIA's time to tack down your tenant who left 6 weeks prior to the end of their lease. 3. As others have mentioned, you presumably have 1-2 months worth of rent held as security deposit. You're probably already whole, or close to it. You should thank your PM for not wasting your money on such a nonsensical proposition as a eviction to regain possession of a property s/he already has possession of, against a person who isn't in the country, when you already have a security deposit to cover most or all of the vacancy. And you're asking whether you should 'report' them to BBB? Puleeze. Be better than that, Karen. PS: we manage properties for out of country owners. We text them. They text back. That means nothing. If you can't get over your trust issues you probably aren't cut out to be a investment property owner.

Michael Smythe · Answer

When you say, "Tenant skipped out on 1 1/2 month rent", was tenant behind on rent or did they leave early?

If tenant was behind, then yes, the PMC should have started an eviction.

Otherwise, you really CANNOT evict a tenant that has already moved out. Any judge will toss such a case. So, your PMC did NOTHING wrong!So now, you may want to pursue money judgment against the former tenant, but most PMC's don't handle this. You'll need to hire an attorney.

Richard F. · Answer

Aloha,

What does your Management Agreement state? Is the PM your employee, or were they hired to "manage" the Rental unit, including marketing, renting, negotiating, etc.?  Were your instructions to evict in writing? Do you know what the costs, in time and money typically are for an eviction process initiated by a PM, which  here, must use an attorney. Are you aware that also here in Hawaii you cannot collect legal fees of more than 25% of the unpaid rent from a Tenant?

Theresa Harris · Answer

If the tenant is out and you have possession of the property, why file for eviction?  If you want the 1.5 months rent-first did they return her deposit-if not, use that to offset the lost rent.  If you are still short, then try small claims court, but you are unlikely to ever see that money.

Whether or not she replies to your text has nothing to do with her location.

Bjorn Ahlblad · Answer

@Karen Young Tenant is gone already and owes 1.5 months rent?  Eviction would cost more money and you would not get any rent back. I agree with the PM company descision, from what you have shared.

If you have a PM let them handle things or fire them and get another PM. Owner getting involved confuses the picture and generally PM has more experience anyway. I txt with my daughter in Spain daily it is just as if she were a few miles away. All the best!