I have had a PM manage my property over the last couple of years and now looking to switch. Based on the lessons learned as I am reviewing the property manager landlord agreement it seems very much lopsided in favor of the PM..I would love to hear from landlords who have been able to make some modifications to these agreements such that landlord also has more say in their own property.
I am thinking of hiring an attorney to review clauses I believe are totally not in my favor to see how it can be modified even if it would be added to an addendum.
Hiring an attorney to review it is a good move, and it helps to walk in with a short list. Landlords often ask to change the termination terms and notice period, who approves repairs above a set dollar amount, the fees for leasing and renewals, and whether you get monthly statements and access to your own tenant files.
When you talk to the new manager, ask for a markup or an addendum before you sign, since many will agree if you raise it up front. I'm not a lawyer, so have your attorney confirm what's allowed in your state. Which clause bothers you most?
@Anitha Bala Disclosure: I run a co-hosting business managing STRs for other owners, so I've been on both sides of these agreements.
When I owned long-term rentals, I had property managers handle some of them. A lot of their agreements read like cover-yourself language. I get why managers want some of that in there, since they're the ones on the hook when something goes wrong. Now that I'm on the manager side with my co-hosting, I want my owners to feel like they have control, and with the way we set things up, they do. It's a delicate balance, and the agreement is where that balance gets set.
I agree with Judith on having an attorney review it. Here's what I'd want spelled out, in an addendum if needed:
Who touches the money. In Florida, a manager who collects and holds your rents is doing licensed property management. Ask where the rent and security deposits are held, when you get paid, and what statement you get each month.
Your guidelines in writing. A good manager works within the owner's guidelines. If you have screening standards, a pet policy, a minimum rent or a repair approval limit, put it in the agreement. Then it's a requirement, not a preference.
Termination. The notice period, any fee to leave, and what happens to a current tenant's lease, deposit and records when you switch managers.
If you convert to STR or MTR. You mentioned in your Snowbirds thread that you're looking at converting the Auburndale house. If this manager would run it that way, also spell out who owns the listing and the platform account. When I co-host, I work inside the owner's Airbnb account, so if an owner isn't happy, the listing, reviews and booking history stay theirs. And make sure you can see the pricing settings, even if you're not the one setting the rates.
I'm not an attorney, so run the final language past yours.
Having a Florida real estate attorney review it before signing is worth considering. PM agreements aren't necessarily set in stone, and it's better to work through the terms now than deal with surprises later.
A few things I'd pay close attention to:
Maintenance approvals: How much can the PM spend without your approval?
Termination terms: What does it cost to leave, and how much notice is required?
Repair markups: Are there additional fees on top of vendor invoices?
Owner access: Can you easily get inspection reports, invoices, and property records?
Those are the areas where I'd want clear expectations in writing, whether that's in the agreement itself or an addendum.
Hi Anitha, getting an attorney to look at it is a good call. One thing I'd add: before you sign with the new manager, ask them straight up which clauses they're willing to change. A good one will usually work with you on the termination fee and the repair approval limit. I'd also look closely at any fee on lease renewals, because that one sneaks up on people. And if you end up running the Auburndale house as a furnished mid-term like you mentioned in your other thread, make sure the agreement actually covers that. A lot of long-term PM contracts don't. Happy to share what owners I talk to here in the Panhandle usually push back on if it helps.
thanks Melissa. Yes I am going thru Identifying all my questions and then planning to ask them. In the interest of time and research needed I may just do LTR now and then spend the year researching on MTR.
I am mostly stuck on how little they are willing to share about the future tenant and yet they want to be discharged off all liabilities..
SAVE HARMLESS AND INDEMNITY-HOMEOWNERS POLICY: OWNER further agrees to save the MANAGER, MANAGER’s owners, directors, officers, agents, independent contractors, and employees, forever harmless from all liability, damage suits, or claims in connection with the management of said property, except in the case of gross negligence or illegal act by MANAGER, and from all liability for injuries to any person or property suffered or sustained by any person whomsoever, and to carry, at OWNER’s own expense, public liability insurance (homeowner’s insurance) in sufficient amounts to protect the interest of parties hereto, which policies shall so be written to protect MANAGER in the same manner and to the same extent as OWNER. Owner shall have liability insurance of not less than $100,000/$300,000 per occurrence. OWNER agrees to indemnify MANAGER for any damages suffered as a result of any lapse in or failure by OWNER to maintain insurance coverage.
Quick take from the insurance side: yes, that clause is very common. Since it's a rental, make sure you have a landlord (dwelling) policy rather than a homeowners policy, and ask your agent to add the manager as an additional insured. Many owners carry more than $100K/$300K liability or add an umbrella, since a single tenant or guest injury lawsuit can easily exceed those limits and your personal assets could be on the line.
Anitha, the clauses I'd look at first when you switch: how you can end it (30 days' notice with no termination fee is a fair ask), who owns the listing and its reviews if you go short term, a cap on repairs they can approve without you, and monthly statements showing gross, fees and net. If a manager won't put those in writing, keep looking.