All Forum Posts by: Patricia Steiner

Terminating a PM relationship is commonplace. Here is a solid summary from an internet search that will give you all you need to move forward:

"A notice to terminate a property management agreement is a written communication to the property management company that informs them of the intention to end the contract. The notice should include the date of termination and the reason for ending the agreement. Steps to take

1. Review the contract: Understand the terms of the agreement, including the notice period and any termination fees.
2. Send a written notice: Send the notice by certified mail to document the date of termination and proof of receipt.
3. Plan for a smooth transition: Respect the notice period and prepare for any potential disputes.
4. Retrieve important documents: Request copies of all records and documents, including security deposits.
5. Verify tenant notification: Confirm that the property management company has notified the tenants.

What to include in the notice

• The name of the property manager
• The date of termination
• The reason for termination
• A statement that the notice is in accordance with the contract

What to consider

• Most property management agreements require a notice period of 30 days or more.
• Some contracts may include a termination fee.
• If the notice period is not respected, the property owner may be accused of breaching the contract."
• (End)

The first step is to know the contractual term of termination.  An attorney is not needed provided your not making a claim of fraud or misconduct/damages are being sought.  Keep in mind, termination can take 30 days so you'll want to provide notice prior to the termination date.  Send the notice by Certified Mail AND a separate mailing with 'proof of delivery required' (a cheap date with the post office).

Hope this helps.  

Contact the Title Company; it is their responsibility to 'settle' the transaction at closing. Sellers sign a settlement disclosure regarding rent and escrows that is enforceable.  Let Title put the heat on the seller to remit through them. In some states, the Title Company would be responsible for paying the rent out of their pocket for failure to settle.  But bottom line: January rent is due to you provided the tenants were informed of the sale on or prior to closing.  The early-paying tenant owes you the rent; paying the seller was their mistake and theirs to resolve. I would let the tenant know that you're attempting to resolve this further with the Title Company on their behalf however they should remit rent to you immediately and file a small claims filing against the seller to recoup the rent. 

Hope this helps...

Only two things matter:  the lease and your state law on termination of lease without notice.  Assuming your property is in Utah (like your profile indicates), here's the state law from a basic internet search:

In Utah, a tenant who abandons a rental property without notice is liable for the lesser of the following:

• The rent remaining on the lease
• The rent plus the difference between the fair rental value and the agreed-upon rent
• The cost to restore the property to its original condition

The landlord can also remove the tenant's belongings and sell them if the tenant doesn't claim them within a reasonable time. What can a landlord do if a tenant abandons the property?

• Send a notice: The landlord can post a notice in a visible place and send a notice by mail to the tenant's last known address
• Remove belongings: The landlord can remove the tenant's belongings and store them
• Recover costs: The landlord can recover the costs of moving and storage from the tenant
• Sell belongings: If the tenant doesn't claim their belongings, the landlord can sell them at a public sale

(End)

Please only communicate with the tenants - all of them - in written form only so it can be used in any collection/court engagement.  The Notice needs to be sent to each tenant by both proof of delivery required service from the post office as well as by certified mail to the last known address. This will serve as proof of notice sent.

I encourage you to do this today.  The sooner you regain control, prove that you fully intend to enforce the terms of your lease, and that you will not be 'played' by their recall of events or documents, the more effective this action will be.  

You got this...

Please feel free to message me if you want to walk through some logistics.  My clients who invest in Section 8 housing do so in 'not quite' transitioned communities but that have low crime rates. The later is critical to protect your investment. Rental demand in our market is off-the-chart; the shortage of properties continues to hit historical lows year-over-year. As such, getting a Section 8 tenant and subsequent delays has not been an issue.  To minimize delays, it is important that you get approval to be a section 8 landlord from each housing authority. We have chosen one municipality to do Section 8 due to the relationship we have established with the director, case workers, and inspectors. For each property listed through a Section 8 website, over 100 requests for application are received within the first couple of hours. It's simply overwhelmingly nuts.  My recommendation would be to get approved as a Landlord, contact the director's office and request that an inspection be completed before a tenant is selected (sometimes they will do this as long as you select a tenant within 14 days - which you want anyways), and have an online application and screening resource in place.  

Hope this helps.  

Please do this first:  contact the local Housing Authority office in your market area and obtain the landlord package. It's available online in most municipalities.  Section 8 can be a profitable and reliable resource but it is 'their ball, their court' so know the rules first. Also, you need to be prepared to screen prospective tenants yourself and verify vouchers before committing to lease. Do your homework first - then you'll be ready for a more meaningful conversation with a landlord.

Best...

Below is a link to the rent assistance program in Canton, Ohio; I would collect the current rent from the family and then provide them with this resource for help with future payments.  Hope this helps...

https://www.starkhelpcentral.com/rent-utilities-assistance

@Zach Howard

There is no legal requirement for landlords to actually witness lease violations firsthand. Most properties are remotely managed by owners/PMs and what was suggested would be an impossible and unrealistic standard to set - much less enforce.  A report by a neighboring tenant is admissible in court.  Unfortunately/fortunately, my clients and I have both been a position where we were armed with tenant reported violations only and acted accordingly and successfully.  Kudos to tenants who care about the property enough to report violations...grateful.

No...there are many reasons why installing it over the carpet will prove to be a nightmare in a relatively short period.  Value your time and money more. Take the dang carpet out (it's thin - you can use a razor blade to remove it).

Best.

Let it go...you're not getting it. The police report will be enough to move forward. And, moving forward is what you need to do - for your sanity and ROI.

The joys of real estate investing...

A study recently completed showed that most squatters are attracted to two properties: vacant and those listed for rent stating 'for immediate occupancy' or vacant.  And, the longer you wait to act, the longer the squatter stays - and even gains some legal protections to stay while your waiting on a slow court system to act on an eviction.  First thing is to call the police.  Report breaking and entering - as well the occupation.  Install cameras around the parameter of the property today; post no trespass signs; change your for rent listing.  You may have to evict which is generally the course it goes but do something/everything (legally available) to cure this quickly.  You won't be getting the property back undamaged so brace yourself...acting quickly is your best option.