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Oleg Serdyuk
  • Rental Property Investor
  • San Diego, CA
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Property management company does not provide previous tenant's social security number

Oleg Serdyuk
  • Rental Property Investor
  • San Diego, CA
Posted May 25 2023, 09:54

A property management company is managing my investment property. The tenant left, owing a significant amount of money. As a result, I am not planning to continue working with that property management company. Now, I am working with a collection agency to recover the unpaid rent. However, the collection agency is requesting the rental application with the tenant's Social Security Number (SSN), but the property management company is refusing to provide it, citing the sensitive nature of the information. 

How can I proceed? 

Do they have the right to withhold this information even though the tenant owes me money?

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Bill Brandt#2 Creative Real Estate Financing Contributor
  • Investor
  • Las Vegas, NV
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Bill Brandt#2 Creative Real Estate Financing Contributor
  • Investor
  • Las Vegas, NV
Replied May 25 2023, 10:21

Maybe they’d feel more comfortable providing it directly to the collection agency? The collection agency should at least know the laws. Why doesn’t the property manager have their collection agency to go after this money. Assuming they don’t. They should cooperate if legally allowed with your collection agency assuming they are are a legal, licensed, bonded company. 

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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
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Nathan Gesner
  • Real Estate Broker
  • Cody, WY
ModeratorReplied May 26 2023, 05:23
Quote from @Oleg Serdyuk:

The Property Manager has a right to protect that information but you have a right to it as the Landlord. I would demand they turn over unredacted copies of all documents, including the original applications, driver's license, etc. If they are pushy about protecting the Tenant's privacy, tell them to send it directly to the collection agency which is legally bound to protect privacy at an even higher standard.

If the PM absolutely refuses, then I recommend you threaten to file a complaint with the State Commission. The threat of a complaint will usually get them to comply.

  • Property Manager Wyoming (#12599)

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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 May 26 2023, 09:47

Aloha,

I am not familiar with CA laws, but there are issues here. First of all, WHO are the parties to the Rental Agreement? If you, as Owner, are not named, what legal standing do you have? What does your PM Agreement state with regard to the authority and responsibility of the PM? Again you may not have any standing, until and unless a separate written agreement transfers that "debt" to you.

Typically an applicant signs a statement giving permission to obtain/inquire regarding the facts of their application, credit history, etc. If YOU have no such signed statement, the PM (depending on specifics of your PM Agreement) is not required to provide this info to you, because again, you are not a direct party to the Rental Agreement. Also, depending on where/how the PM pulls a credit report, often they are prohibited by contract with the provider from sharing reports with the applicant OR others. I have never shared an application package with a Client Owner, and only provide basic details after signing of a Rental Agreement to prevent any Fair Housing issues.

How is it you are working with a collection agency to begin with? The PM should have filed for eviction and/or money judgment. A judgment will likely be required for the collection agency to pursue any funds.

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Oleg Serdyuk
  • Rental Property Investor
  • San Diego, CA
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Oleg Serdyuk
  • Rental Property Investor
  • San Diego, CA
Replied May 26 2023, 10:01

The property is located in Chicago, IL, and the property management company was responsible for its management. After the tenant left, the contract with the property management company was terminated. 

Now, it is my responsibility to work with a collection agency and provide them with the necessary information. I asked the property management company if they could directly provide this information to the collection agency, but they declined.

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John Warren
  • Real Estate Broker
  • 1658 N. Milwaukee Ave Ste B PMP 18969 Chicago, IL 60647
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John Warren
  • Real Estate Broker
  • 1658 N. Milwaukee Ave Ste B PMP 18969 Chicago, IL 60647
Replied May 27 2023, 04:50

@Oleg Serdyuk sorry you are going through this. You should connect with a local attorney here that can advise you. I have never understood personally why a lot of PM companies are so protective of tenant's personal information in these situations. I get not releasing it to an owner, but it seems to be in their client's best interest to release it directly to a collection agency. Crazy. 

Depending on what type of management software they are using, you may ask the PM if they can use the internal collection agency. I know AppFolio has one that we use for all of our collections. I have only had to use it a few times, and it is early to see if it is working, but I have heard good things from other folks about the firm. 

  • Real Estate Agent IL (#475.166619)

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