All Forum Posts by: Andrew Steinhaus

@Chad McMahan

Either party is able to terminate with a 60 day notice. If the owner is the one initiating the termination, the owner is to pay the remainder of the monthly management fees through the remainder of the contract. In this case, 10 months. Their policy is pretty clear, I didn't read it carefully enough. 

Major issue currently is that the move-in inspection was not conducted at move in with both the PM and the tenant present, but instead filled out prior by the PM and has just now been sent to the tenant as of yesterday (6 weeks after move in) to "validate" the marks or ID any discrepancies. 

Correct me if I'm off base, but I don't see how this approach to performing a walk-though ensures the validity and accuracy of the marks identified on the inspection report. To this point, there is no written concurrance that the tenant has seen and agreed to what is documented on the inspection... 

Anyway, case ongoing. I appreciate everyone's input on the matter. 

@Nathan Gesner

Thanks for the distinction. They have done what they are supposed to by the contract (with the exception of the move-in inspection-and then lying about it), they just have not done anything well or without struggle, and are causing stress for the tenant and myself.. not criminal but not pleasant either. I think I know which lane I fall in now, thanks for the input. 

@Marina Loos

In not paying the penalty, what sort of resistance did you get and did you need to get a legal rep involved? My concern is of course, should I pay and be done, or will a legal battle cost more.. looking for minimal damage. thanks

Nathan, Chad, & Richard, 

Thanks for the input. 

@Nathan Gesner Despite the PMA calling for 60 days notice and requiring the remainder of management fees through the contract term, you're saying you will still only provide 30 days notice? Just want to be clear that statement was intentional. I have spoken to a few other PMs to see their take on the matter but still in data collection phase to make sure I'm doing this right.

@Chad McMahan- is your big red flag here the 60 days notice? 

@Richard F. - I agree that I need to cut losses, their service has been sloppy and not what I expected. The accounting issues and now I'm potentially finding that they never conducted a move in inspection with the tenant (in the process of catching them in this lie) are huge flags to me. Upon reading the PMA. the text did not read like a trap until after I started having some issues and went back to re-read it "like a lawyer" might. Although, I see you are in the area, I have called a few other PMs and they too have clauses like this to pay them the remainder of the mgmt fees. Do you see this to be true around the island? 

I chose them initially because communication was my #1 concern and their platform claimed this to be one of their strong suits, reviews were solid, and they were calling me damn near everyday and following up with emails up until the PMA was signed, then things turned south. Ive been told that their office is playing catch up, had a lot of turnover, moving, people on leave etc... all poor excuses for service, but ive tried to salvage what I can. 

Most likely, I am new to this and failed to recognize the nuances of vetting a PM and understanding contracts. The idea to hire them while I still live on island was to make this a trial run before I leave here. None of what I saw early on with out interactions stood out to me as odd or that this co would be difficult to work with. 

All- If I want to draft and send a notice of termination, is there a place of files or templates that I can go to for this, or would you go right to a lawyer for this one? Secondly, I want the tenant to be taken care of, so would you recommend or not going to the home and speaking with them on the issues that they and I have been having, and informing them we will be switching PMs? Please give thoughts on this one. thanks! 

 Noted. thanks for sharing! 

Austin, 

In fairness they have "done" most of what they are expected to do, the issue is that they've either done it poorly or not without headache and hassle. They appear to be overwhelmed with short staff and too many props to manage, plus still accepting new customers while neglecting quality service to existing customers (none of this is an excuse). But yes, we have gotten to a point where I think moving on is best. Just looking for possible approached. They are local and I am 100% more than capable of managing it myself, this was intended to be a test run before I leave the area next year. 

Matthew, 

The clause does not permit mutual termination within the first 30 days, only by written agreement via 60 days notice + all fees due to the PM for the remainder of the contract... this was my first mistake in hiring by locking myself up with them. 

Nathan, 

Yes it is 100% inevitable and since I signed on with them their office has been in shambles, which was a full 180* from when I first vetted them. 

Have you ever had to approach a tenant before firing the PM to get their take or agree to what may come? 

Thanks!

Hello all, 

Long-ish post- reader beware:

Currently having many issues with a PM that is bringing me close to firing them after only three months of the contract and looking for advice. 

Background: Hired PM in October, property was not leased until December 15th. PM failed to "actually" post the property on market for 6 weeks, finally got rented after lowering price at the same time the property hit the mainstream listing sites. Total cost to me (two months mortgage). Upon listing, details were inaccurate, communication was inconsistent (overall frustrating). 

First month of lease, tenant was double charged for rent- sorted out issue, no follow up to see if move in was good (small things that matter to me). 

January- Tenant double charged again, overpayment was pushed to me- took 17 days for response. Found out yesterday that not only have I been having excessive issues with communication with the PMC and getting simple tasks taken care of, coupled with extensive delays in reply (avg 12 days), but upon requesting the move-in inspection report, I found out that the tenant, ALSO requested the move in inspection documents... to which I realized the PM lied to me about having completed it back in December. 

Overall I was not pleased with their service but I wanted this relationship to work out for everyone's sake, but I am finding that perhaps even my tenant is having an equally troublesome time with the PM and that is something that I cannot tolerate. 

Caveat: Based on the PMA- I owe the PM all monthly management fees through the end of the contract if I terminate early, which amounts to about $3,000. I could pay it and be done with this headache, not sure if that's what ill do. 

At the moment, my #1 concern is that the tenant is being taken care of/ the inspection potentially requiring legal recourse due to the PM not performing it at time of move in and there potentially being damage done to the prop-thus resulting in a legal fight that I don't care to get into if not needed. 

The Question: Has anyone ever had this issue where the PM appears to be unable to take care of the property and the tenant? Has anyone approached the tenant to discuss if they are having issues with the PM on the same level that I am and attempted to work out some sort of deal/is this even right to attempt? And if anything similar to this has happened, how have you approached it? 

I am weighing all options for now but need to gather some viewpoints or considerations that I may be missing. This company will be terminated at end of contract no matter what, but I do not want this to snowball into anything worse. The number of incidents/and issues are far beyond the scope of this post so I'm not going to note every single one. 

Please and Thanks! 

Drew

@Chris Seveney 

Or is that what you were implying on note 2? I may have misread that initially. 

Drew