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Lilith M Haas
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Property Manager fees during eviction

Lilith M Haas
Posted Sep 2 2022, 20:07

I recently went through an expensive eviction with 'tenants' that never paid a security deposit on a month to month rental from October 2021 to July 2022. I had a property manager who took a bad check and never even informed me until 2 months later after the fact of this problem with tenants who subsequently created an nusaince deliberately flushing rags and excess tampons down the drain, complaining about mold, refusing to let in the plummer, threatening my manager etc... He was paid a flat fee each month from the rent until I told him to give them a 30 day notice (which he did wrong the first time because he didn't read new real estate rules) and then I had a deposit of a few hundred $$. He referred me to an attorney who charged me almost $8,000. to evict them who was so incompetant they didn't even call and inform us of the sheriff's lockout which added an additional 2 months to get them out. I overlooked many of his mistakes and decided not to file a separate lawsuit because this was so expensive and he made mistakes. Now he has sent me a bill for almost $500. for the day of the lockout and new locks which he installed so poorly my husband replaced them as soon as he could. I feel that my manager was incompetant to not get a cash or money order for the security deposit before he presented these bad tenants to me and I am so frustrated with myself for trusting him and by things he did, I don't want to pay him any more money. I have a loss of almost $30,000. Do I have to pay his fee?  I would appreciate any input on this. Thank you.

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Greg Cook
  • Investor
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Greg Cook
  • Investor
Replied Sep 2 2022, 20:13

All depends on the wording in your contract. If you can find a way they broke the agreed upon terms, you could have a shot with a lawyer. 

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Richard F.#1 Tenant Screening Contributor
  • Property Manager
  • Honolulu, HI
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Richard F.#1 Tenant Screening Contributor
  • Property Manager
  • Honolulu, HI
Replied Sep 2 2022, 20:43
Aloha,

Is the "property manager" even properly licensed and insured in the State the rental is in? If they are, file a complaint with the appropriate State licensing or Consumer Protection Boards. Who vetted and placed the tenant, the "pm", or someone else? Was the "attorney" a Real Estate or Landlord/Tenant focused attorney?
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Theresa Harris
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Theresa Harris
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#3 Managing Your Property Contributor
Replied Sep 2 2022, 21:36

Given all of their mistakes, I'd report them and ask who is responsible for the failure to get the deposit.  I'm hoping you also fired them.

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Lilith M Haas
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Lilith M Haas
Replied Nov 9 2022, 17:48

Thank you for these answers. I never realized this actually posted. I decided not to pay him and told him if he keeps sending me the bill, I will write him a review with all his mistakes on Thumbtack where I originally found him, but I do need to file a complaint. I am not renting the property again anytime soon or working with him. The costs going to court are just too high for me even though I do believe he is in breech of our contract.