Property Management companies not releasing Security Deposit

Property Management companies not releasing Security Deposit

Real Estate Agent · Oakland, CA · Member since 2020 · 4 posts · 1 vote

HelloI have a question, in regards to Property Management in Kansas City, MO. I just recently changed Property Management companies due to many complications with the company, one being they would apply late fees before the owner disbursement. They also had maintenance fees (not approved by owner) "charged to the tenant" leaving a balance while changing over companies. With the transfer, they are now withholding the Tenant's Security Deposit and will not released it to the New Property Management Company. Stating that the Tenant has an open Balance for Repairs, in which they kept March rents to cover some repair cost. Can they Legal keep the Tenant's Security Deposit?

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Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
6y
Originally posted by @Kimmie Cole:

HelloI have a question, in regards to Property Management in Kansas City, MO. I just recently changed Property Management companies due to many complications with the company, one being they would apply late fees before the owner disbursement. They also had maintenance fees (not approved by owner) "charged to the tenant" leaving a balance while changing over companies. With the transfer, they are now withholding the Tenant's Security Deposit and will not released it to the New Property Management Company. Stating that the Tenant has an open Balance for Repairs, in which they kept March rents to cover some repair cost. Can they Legal keep the Tenant's Security Deposit?

 It's hard to follow your post as there is limited information. One thing to note though, typically when a Property Manager charges something such as a repair to a tenant and the tenant doesn't actually pay for it, it's up to the owner to pay it.

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  • Peter TverdovBusiness Member
    Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
    6y

    No one on here is going to know that answer without having your agreement. Read your agreement.

    If the management company performed the work to turn over the unit and it was due to damage from the tenant, I would imagine they can't just hand you a check and swallow that cost.

  • Real Estate Broker · Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH · Member since 2013 · 30k+ posts · 20k+ votes
    6y
    Originally posted by @Kimmie Cole:

    HelloI have a question, in regards to Property Management in Kansas City, MO. I just recently changed Property Management companies due to many complications with the company, one being they would apply late fees before the owner disbursement. They also had maintenance fees (not approved by owner) "charged to the tenant" leaving a balance while changing over companies. With the transfer, they are now withholding the Tenant's Security Deposit and will not released it to the New Property Management Company. Stating that the Tenant has an open Balance for Repairs, in which they kept March rents to cover some repair cost. Can they Legal keep the Tenant's Security Deposit?

     It's hard to follow your post as there is limited information. One thing to note though, typically when a Property Manager charges something such as a repair to a tenant and the tenant doesn't actually pay for it, it's up to the owner to pay it.

  • Real Estate Broker · Kansas City Metro · Member since 2015 · 2k+ posts · 1k+ votes
    6y

    @Kimmie Cole Depends on the agreement between PM and you as the owner. Who are you using for PM in KC? Great ones are hard to come by. Bad ones are a dime a dozen. 

  • Robin HunterPro Member
    Real Estate Agent · Raymore, MO · Member since 2015 · 72 posts · 22 votes
    6y

    The company I used to work for years ago did that. If they sent a repair person out to fix something and it turned out to be the fault of the tenant, rather than arguing about it with the tenant and telling them they have to pay for the service call, they would just take it out of the security deposit when the tenant moved out. What they need to do in this case is provide copies of the invoices that are being deducted. It should be for work already done. That way your new PM can provide these copies to the tenant to show what has been deducted from the deposit when they actually do move out. I'm not sure if this is the "legal" way to do it or not, but they need to provide a paper trail if they are trying to keep the funds.

  • Real Estate Agent · Oakland, CA · Member since 2020 · 4 posts · 1 vote
    5y

    Everyone thank you so much for your input! Every little bit helps. Learning something new everyday! :) 

  • Investor · Tampa, FL · Member since 2017 · 589 posts · 251 votes
    5y

    They must keep track of all invoices to be charged towards the security deposit outside the scope of normal wear and tear. Check over management agreement as stated above. 

  • Real Estate Agent · Oakland, CA · Member since 2020 · 4 posts · 1 vote
    5y

    @Zachary Ray

    Thank you so much! And the security deposit disposition letter still has to be sent out even if the security deposit has been depleted correct?

  • Robin HunterPro Member
    Real Estate Agent · Raymore, MO · Member since 2015 · 72 posts · 22 votes
    5y

    Yes, the disposition letter must be sent out within 30 days of them moving out/lease expiring whether there is a refund or not. That letter can even state that they owe additional if they caused a lot of damage that the deposit didn't cover. However, good luck collecting that additional amount. If I ever put that, its just to show the tenant that they can't complain about not getting any deposit back because obviously they caused way more damage than what it even covers. 

  • Real Estate Agent · Oakland, CA · Member since 2020 · 4 posts · 1 vote
    5y

    @Robin Hunter Got it! Thanks so much! Yes in California it’s 21 days after the final move out date. Good to know across state differences. 

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