staggering late fee of rent charged by PM

staggering late fee of rent charged by PM

Plano, TX · Member since 2017 · 151 posts · 5 votes

We recently acquired a property with tenants who have been perpetually late paying rent. It didn't dawn on us that our PM has been charging hefty late fees until recently when they sent a statement with the late fee unsuppressed. 

They've always been suppressing this late fee charges. They verbally mentioned it but I was never clear how the late fee impacted us.  

How this late fee works is: If the tenant is late for Month 1, the late fee will be deducted from their month 2 rent and kept by the PM. Now since the rent is now partial - with the late fee deducted, when month 3 rolls around, their month 3 rent will be partial again with the late fee for month 2 deducted. This could go on infinitely... 

They've been charging $350 per month for late fee per tenant. So let's say if the rent is $1000, we only get $650 - management fee - repair.

Now they said that they cannot go back and reverse the late charges if payment has been sent out to us, due to some accounting issue. 

I wanted to work a solution out with them before considering switching, as I always feel like switching PM is an inconvenience for my tenants. 

I would like to hear suggestions and advice. 

P.S. The contract does say the PM keeps the late fee. But it doesn't specify how. In my opinion, late fee can be kept by PM only if full rent is collected for the month. 

Anyone knows solid PMs please recommend as well. 

Thanks!

0Reply
217 views

Most Popular Reply

Russell BrazilBusiness Member
Moderator
Real Estate Agent · Washington, D.C. · Member since 2012 · 17k+ posts · 30k+ votes
7y

Suggest to them they are improperly handling trust funds and you will be reporting them to your states real estate commission. That will light a fire under their a**.

See this reply in the discussion

55 Replies

Jump to latestLatest
  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    7y

    Does a property manager have to be licensed?

    Answer:

    ... A license is also required for any person who controls the acceptance or deposit of rent from a resident of a single-family residential real property unit. See TRELA §1101.002(1)(A)(x) and Rule 535.4(h)

    This is from TREC website, you need to file a complaint with their sponsoring broker. If you manage property for others, you absolutely need a license.

  • Ronald RohdePro Member
    Attorney · Dallas, TX · Member since 2016 · 5k+ posts · 2k+ votes
    7y
    Originally posted by @Mary M.:
    Originally posted by @Zoe Lee:
    Originally posted by @Michael King:

    So what y'all are saying, is that there are some people or companies working in real estate that are unscrupulous?

    You got to burn that PM company, and fast. Then google review the crap out of them.

    How do I do that? Cannot pinpoint which state department regulate property management conduct in TX. I will definitely consult a lawyer for small claims.

    google review for sure, anything else? BBB? Local TV station?

    TREC is the oversight agency you need to contact. Why? To be a property manager you must be a licensed RE agent/broker. Agents/brokers are regulated by TREC. At least give them a call in the AM.  

     You're right, but just as a technical point, the employees don't need to be licensed, the company just needs to be sponsored/affiliated with a TREC broker. Same result, but Zoe talks about her PM contact separately...

  • Plano, TX · Member since 2017 · 151 posts · 5 votes
    7y
    Originally posted by @Ronald Rohde:
    Originally posted by @Mary M.:
    Originally posted by @Zoe Lee:
    Originally posted by @Michael King:

    So what y'all are saying, is that there are some people or companies working in real estate that are unscrupulous?

    You got to burn that PM company, and fast. Then google review the crap out of them.

    How do I do that? Cannot pinpoint which state department regulate property management conduct in TX. I will definitely consult a lawyer for small claims.

    google review for sure, anything else? BBB? Local TV station?

    TREC is the oversight agency you need to contact. Why? To be a property manager you must be a licensed RE agent/broker. Agents/brokers are regulated by TREC. At least give them a call in the AM.  

     You're right, but just as a technical point, the employees don't need to be licensed, the company just needs to be sponsored/affiliated with a TREC broker. Same result, but Zoe talks about her PM contact separately...

    Thanks Ronald, so property management conduct is also being overseen by TREC?

  • Plano, TX · Member since 2017 · 151 posts · 5 votes
    7y
    Originally posted by @Michael King:
    Originally posted by @Zoe Lee:
    Originally posted by @Michael King:

    So what y'all are saying, is that there are some people or companies working in real estate that are unscrupulous?

    You got to burn that PM company, and fast. Then google review the crap out of them.

    How do I do that? Cannot pinpoint which state department regulate property management conduct in TX. I will definitely consult a lawyer for small claims.

    google review for sure, anything else? BBB? Local TV station?

    Zoe, I'd google review and yelp but leave the rest alone. Just me, but I wouldn't want to start what I would think to be a smear campaign. That said, some here have pointed out that if they are charging $350 a month in late fees, yet billing the client and not the tenant, then you are the one being screwed. And the BS about the accounting can't be switch. Oh give me a break. 

    Check your lease. It probably says you have to notify them in writing with 30 days notice of terminating your contract with them. Just find another PM, even Renters Warehouse if they exist in your market. 

    I'd start a new thread asking for PM recommendations where you are. I miss Texas, and I miss TexMex food!

     Yes Mic

     Yes Michael, 30 days notice.  If we switch, do we need to transfer the  tenant leasing contract to the new PM?

  • Plano, TX · Member since 2017 · 151 posts · 5 votes
    7y

     A little update:

    We have contacted an attorney, he's reviewing the contracts, should hear from him soon about whether we have a case or not.

    Another accidental discovery: our contract with the PM shows a termination fees upon termination. It says:

    12. FEES UPON TERMINATION: At the time this agreement ends, Owner must pay Broker:
    A. all amounts due Broker under this agreement; and
    B. if the Property is leased to a tenant on the date this agreement ends and Owner terminates this
    agreement, an amount equal to the lesser of:
    (a) the management fees that would accrue over the remainder of the term of the lease; or
    (b) $ .As per 12 B a
    If more than one property or unit is made part of and subject to this agreement, this paragraph applies
    only to those properties or units then leased and applies to each property or unit separately.


    My understanding is: If we wanted to terminate close to contract ending date to avoid this fee, we have to end the contracts with them on 4 different dates (we have 4 units which all have different contract ending dates). How can we arrange a smooth transition with the new PM to take over with dates all over the place? Has anyone dealt with this before?

    Appreciate any feedback, thoughts, as always.  

Join the conversationCreate a free account to reply, vote on answers and follow this thread.