Property Owner name on Lease Agreement with Management co?

Property Owner name on Lease Agreement with Management co?

Investor · Costa Mesa, CA · Member since 2014 · 39 posts · 7 votes

This is the first I've seen this and can't find a definitive answer, hoping someone smarter than me can share input.

I have recently switched management companies for one of my properties and now that we have a new tenant in place, this management company is insisting that my name and initials are on the lease as the landlord.

I've worked with 3 management companies across 2 states and have never had a request for me to add my name and sign off on the lease agreement. I obviously don't want anything personally identifiable on the lease for a variety of reasons.

This management company is suggesting this is the law but can't provide the actual law. Now stating it's their "policy".

Anyway, has anyone else experienced this? It's a first for me for sure...

Thanks

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  • Jared ColeyBusiness Member
    Property Manager · Terre Haute, IN · Member since 2018 · 18 posts · 4 votes
    8y
    Curt, This is the first I have heard of this in my 11 years as a professional property manager. Defintely not common practice in my market area. The last thing I want as well as my clients, is the tenants contacting the property owner or even knowing who they are. A good PM handles all tenant relations.
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    8y

    Half  of one, six dozen of another.

    First off, many states require the Landlord to be named on the contract. Second, my lease agreements are written between the Landlord (owner of the property) and the Tenant. If you look at the Texas Residential Lease Agreement on Google, you'll see it's written the same way. The tenant is renting from the Landlord; the Property Manager is just acting as the agent of the Landlord.

    Can you write the lease agreement between the Property Manager and the Tenant without mentioning the Landlord? Maybe but I would check your state law and talk to an attorney to make sure.

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  • Real Estate Agent · Saint Paul, MN · Member since 2016 · 14 posts · 15 votes
    8y

    Hi @Account Closed and speak with an attorney on the matter to see what your legal obligation as owner is with representation by property management. 

  • Investor · Costa Mesa, CA · Member since 2014 · 39 posts · 7 votes
    8y

    Update - this is not the law as they initially mentioned, simply their policy... I can work around this by using an entity but still not the desired result...

  • Dick RosenPro Member
    Property Manager · Gilbert, AZ · Member since 2009 · 1k+ posts · 451 votes
    8y

    All of our leases are written as tenant leasing from the landlord or property owner. Management Co is listed as the agent for the landlord. Only variance from your situation is we sign and initial everything as the landlords agent. Standard practice in AZ

  • Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
    8y

    Originally posted by @Account Closed:
    This management company is suggesting this is the law but can't provide the actual law. Now stating it's their policy


    This could be because the person is not licensed to handle property management.  Believe in MN you need to have a realtor license to engage in property leasing transactions.  Not sure what state you are dealing with but in MN it would be a license law problem and that may be why it is "there company policy"...

  • Investor · Costa Mesa, CA · Member since 2014 · 39 posts · 7 votes
    8y
    Originally posted by @John Woodrich:


    This could be because the person is not licensed to handle property management.  Believe in MN you need to have a realtor license to engage in property leasing transactions.  Not sure what state you are dealing with but in MN it would be a license law problem and that may be why it is "there company policy"...

     This is in PA. I don't think that's the case here. They are a pretty large management company with over 2K properties under their management (supposedly) but I suppose anything is possible!

  • Flipper/Rehabber · Minneapolis, MN · Member since 2016 · 1k+ posts · 1k+ votes
    8y

    @Account Closed if they are large it wouldn't surprise me if they have unlicensed staff.  When I was in classes back in the day there were people who worked as property managers who were finally looking to get licensed.  I also have a couple clients with staff members who should be licensed but aren't..

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