Shouldn't Prop Manager handle eviction?

[John Lubin]

My property manager is saying an eviction will cost ~$1000 for a lawyer.  Shouldn't the property manager handle the eviction process themself, otherwise, what am I really paying them for?  

Tenant paid last month ~ 20 days late, and short paid, and still hasn't paid this month (it is now the 21st), so they are basically 2 months overdue.  

PM only put a 3 day notice on their door a few days ago, and continues to just ask them to pay rent and let them make excuses.  I would have assumed we would start the eviction process on the 5th after they missed rent for a second month, so we have the option to remove them as fast as possible if they continue to not pay.  

Very unhappy with this PM (I already took over handling maintenance because of the ridiculous amounts they were agreeing to pay contractors) and won't be using them moving forward, but was hoping to keep them on to handle the eviction.  

[Chris Grenzig]

@John Lubin we own and manage our own MF properties in Jacksonville. We've bought 150+ units and we currently own and manage 51. We also do 3rd party management for other owners too. We've been managing our own properties for 4 years and for other owners for the past year.

We use an attorney because this is a legal process and I want to make sure the right person is doing everything correctly so that we get possession back. We usually post no later than the 12th which we can then send to court on the 5th day (The day of posting doesn't count as the 1st day and you have to give them 3 full days, so that's why the 5th day). 

If you want to tell me what you were quoted for repairs I can give you my opinion on the cost, we're processing dozens of work orders every month. 

The cost of stuff today is absurd, especially since we only use licensed and insured vendors who don't require deposits upfront for work. 

Why no deposits? It means I know they're not running off with our money and the work doesn't get completed. (Sometimes larger jobs do require deposits, but we are working with companies we have used many times in the past or have some sort of draw schedule as work is completed). 

Happy to talk about any aspects of PM from both the ownership side and as a PM operator side if you think it would be helpful, but I would want my PM to use an attorney and I would be happy to pay it. 

[John Lubin]

Quote from @Chris Grenzig:

@John Lubin we own and manage our own MF properties in Jacksonville. We've bought 150+ units and we currently own and manage 51. We also do 3rd party management for other owners too. We've been managing our own properties for 4 years and for other owners for the past year.

We use an attorney because this is a legal process and I want to make sure the right person is doing everything correctly so that we get possession back. We usually post no later than the 12th which we can then send to court on the 5th day (The day of posting doesn't count as the 1st day and you have to give them 3 full days, so that's why the 5th day). 

If you want to tell me what you were quoted for repairs I can give you my opinion on the cost, we're processing dozens of work orders every month. 

The cost of stuff today is absurd, especially since we only use licensed and insured vendors who don't require deposits upfront for work. 

Why no deposits? It means I know they're not running off with our money and the work doesn't get completed. (Sometimes larger jobs do require deposits, but we are working with companies we have used many times in the past or have some sort of draw schedule as work is completed). 

Happy to talk about any aspects of PM from both the ownership side and as a PM operator side if you think it would be helpful, but I would want my PM to use an attorney and I would be happy to pay it. 

 Thanks, Chris.  I'll reach out.  Would be good to connect regardless.

[Tim Baldwin]

Many PM companies use attorneys to file evictions. Some have retainer agreements with attorneys who specialize in evictions to pass on savings to the property owner. It's certainly a much smarter decision to use an eviction attorney. 

Plus, in FL, property managers are very limited in what kind of an eviction they can file. What's more, PM's cannot file an eviction at all when the property owner is a company. 

With an attorney handling the eviction, you can not only ensure proper handling but also take advantage settlement agreements to prevent having to restart the process if the tenant were to default again and get automatic final judgment when the tenant defaults on the settlement agreement. 

Best wishes.

[David Dobbs]

@Jeremiah Dunakin yeah but what does 'manage it' mean? Do you mean they need to do carry out the eviction themselves? that they over see an eviction? Are they also responsible for paying your mortgage from rent proceeds? etc. etc. ---- just a blanket catchall statement that they should 'manage it' is not quite right. Their management agreement should cover what they do and dont' manage, if it's not listed they probably don't manage it. But honestly it sounds like you are not willing or don't want to manage your properties but at the same time are also not willing to pay someone to manage it and I have news for you -- if you're not willing to do it or it's too much of a hassle or headache for you to do it ---- what makes you think they would do it for pennies on the dollar? 

[Jeremiah Dunakin]

Quote from @David Dobbs:

@Jeremiah Dunakin yeah but what does 'manage it' mean? Do you mean they need to do carry out the eviction themselves? that they over see an eviction? Are they also responsible for paying your mortgage from rent proceeds? etc. etc. ---- just a blanket catchall statement that they should 'manage it' is not quite right. Their management agreement should cover what they do and dont' manage, if it's not listed they probably don't manage it. But honestly it sounds like you are not willing or don't want to manage your properties but at the same time are also not willing to pay someone to manage it and I have news for you -- if you're not willing to do it or it's too much of a hassle or headache for you to do it ---- what makes you think they would do it for pennies on the dollar? 

You are making quite a few wild assumptions. I do not think it’s a hassle or a headache. Maybe an inconvenience once or twice a year. 

The very fact that you said that I’m not willing to do it is the most absurd unfounded thing I’ve ever read. You are just pulling statements out of the air to seemed enlightened. I remodeled complete rental myself. I lined up all contractors that was needed, as well as doing all doors flooring concrete trim painting cabinets etc myself.. I did this while working 80/84 hours every single week 12 hours a day 7 days a week. I take very good care of my rentals and treat them and tenants with the upmost respect. They are in great shape.

I run them like I run my house. When my air conditioning breaks at primary residence I do not pay someone to call someone for me. I look at AC and if I can’t fix it I call hvac. Same as refrigerator or ceiling fan. Do you pay someone to call an electrician at your primary house when your lights don’t work?

I have not had to deal with an eviction yet. When the time comes I will follow the local laws to do it. The process to start it is no harder for me than it would be to random Joe to start. I can google something just as easy as they can. 

If someone chooses to use a PM great. I just always get attacked when I say I think for local properties they are overrated for a smaller portfolio.people always say etc etc etc…… but can never actually tell me what that etc etc etc actually is. It’s like a politician saying they are gonna do this and that but never actually tell you how.