All Forum Posts by: Peter Sik

Quote from @Lauren Robins:

This type of situation is a common gray area in rental property management, where it's unclear whether the cost should fall on the tenant, the property manager, or the owner. Since the tenant is new and was unable to access the mailbox due to a broken key in the lock, it initially appeared to be a maintenance issue—possibly due to wear and tear or misuse. However, after the vendor's inspection, it was suggested that the tenant may have simply been trying to open the wrong mailbox, which complicates who should bear responsibility for the $75 service fee.

If the issue was caused by the tenant using the wrong mailbox—especially if they were given the correct key and number—then the tenant should reasonably be responsible for the service charge. On the other hand, if the property manager gave the tenant incorrect mailbox information (e.g., the wrong box number or key), then the manager arguably caused the confusion and should absorb the cost. If no one is clearly at fault and the issue resulted from a simple misunderstanding, it's often the case that the landlord ends up footing the bill, unless they push back or have a policy in place.

In your case, the fair and prudent course would be to ask the property manager for clarification: Was the tenant provided with the correct mailbox number and key at move-in? Was there any actual damage to the mailbox or was the key simply inserted into the wrong lock? And who made the decision to dispatch a vendor before confirming those basic details? These questions can help determine where the fault lies and, consequently, who should pay.

If the answers point to tenant error, it would be appropriate to ask that the tenant be charged. If the property manager provided inaccurate information, you can request that they cover the cost or at least share in it. If no conclusive evidence exists and this seems like a one-time, honest mistake, you might choose to pay it as a goodwill gesture—but make it clear that tenant-caused service calls in the future should be billed directly to the tenant.

Ultimately, you may also want to use this opportunity to establish clearer procedures with your property manager for how similar situations should be handled in the future. Setting expectations now will help you avoid unnecessary expenses and confusion going forward.

Note: This information is for educational and informational purposes only and does not constitute legal, tax, financial, or investment advice. No attorney-client, fiduciary, or professional relationship is established through this communication.

Thank you so much for taking the time to provide such a well-thought-out and balanced response. I truly appreciate the depth of your insight—it’s clear that you understand the real-world nuances of property management, especially when it comes to these “gray area” situations.

You helped me see the issue from all sides—tenant, property manager, and owner—which is incredibly valuable. What stood out most was your suggestion to focus on key questions: whether the tenant was given the correct mailbox information, whether there was any actual damage, and who authorized the vendor visit without confirming the details first. These are exactly the questions I need to bring up, and your structured approach gave me a confident and fair way to follow up.

You also made a great point about using this incident as an opportunity to set clearer expectations with my property manager moving forward. It’s easy to overlook the importance of proactive communication and defined protocols until something like this happens. I now see this as more than just a $75 bill—it’s a chance to improve how things are handled in the future.

Thanks again for sharing your experience and taking the time to help a fellow landlord navigate a tricky situation. Your response made a big difference, and I’ll definitely be applying your advice in my communication with the PM.

Hi everyone,

Looking for some advice regarding a mailbox issue and an unexpected charge.

A new tenant just moved into my rental property. Shortly after moving in, the property manager informed me that the tenant was unable to access their mailbox due to a broken key lodged in the keyhole. Based on that, I assumed it was a maintenance issue—possibly wear and tear or tenant-related.

Later, I received another email from the property manager's maintenance team saying a vendor was sent to inspect the issue. They now believe the tenant may have been targeting the wrong mailbox, which could have caused the confusion. Despite this, a $75 service fee was charged for the inspection.

Now, the property manager has sent me an email asking me, as the owner, to pay the $75 bill.

Since the tenant is new and may have been given incorrect mailbox information, I’m unsure who should be responsible for the charge—the tenant, the property manager (if they gave the wrong info), or me.

Has anyone dealt with a similar situation? Who typically covers this kind of cost?

Thanks in advance for any advice!

Captivate reasonable benefit for landlord:

1. Why PM does not inquire to bring potential tenant to view occupied property upon tenant agree? I know some PM do, which is good for shorter the vacancy period.

2. Why does PM start promoting the property only after existing tenant moved out and property fixed (small repairs)? I know some PM start fixing (small repair job) after new tenant moved in.

3. Is it too much to ask PM send me the application to review and let me pick the one look good to me? I have 2 PM, even I asked they not sending me application for review. They just select a tenant that the one they like.

Thanks for your any comment.

Do you see any new rental property up in the market has increased rent since L.A. fire issue?

Quote from @Adam Bartomeo:

It sounds like your PM gets the full amount of the late fees, unethical from my standpoint but it is common. It also sounds like they want "their" fees paid ahead of yours. Again, from my standpoint unethical but still common. They are probably aware that the tenant will stop paying at some point in the next 2+ years and they want to recoup their money ASAP. You will have to look through your PMA to get a better understanding how this works for your scenario.

"It also sounds like they want "their" fees paid ahead of yours." this is where I don't agree. This is not their fee, PM is just helping landlord collecting payment. Why the whole late fee goes into PM's pocket? Should just take 10% to be fair. In fact, there should have no such late fee existing after judgment decision made.

@Adam Bartomeo thank you for your information. The agreement didn't mention about how to handling the late fee that helped by collection agency. Usually, PM take 10% of the late fee in normal circumstance. 

One thing I don't understand is the late fee is belong to landlord and PM take portion of it as service fee. PM is helping landlord collecting payment from tenant ideally. How could PM take the whole cake??

I just received second email from PM saying:

"Hi , looking at the account , there are late fees for July and August. These were some of the existing unpaid charges submitted to the Attorney and before the Judgement took place. Funds collected as the result of the collection judgement are applied beginning with the charges in arrears. Late fees are flat fee charges while the 10% will be against any unpaid rental amounts.

It appears that the actual unpaid rent has been satisfied now, this is why those funds collected were applied to the late fees next. Soon the funds collected will be paid to you less, the 1/3 Attorney fee, without the flat fees or the 10%."

After took some time of understanding this email. My question is why there were some existing unpaid charge before judgement took place? The judgement claim balance is $7,569.33 then focus on this amount, should not mention any more number. Keep it simple....

After pm forwarded my case (tenant did not pay rent) to collection agency, the judgement claim balance is $7,569.33. The debtor will make $200 monthly payments until paid off.

1/3 of the $200 goes to the agency, and 2/3 goes to my account and within this 10% of 2/3 goes to PM as service fee. Simple and fair.

First month received that $200 and was distributed as above, Everybody happy.

Second month received $200 on time and PM break down that amount and claim there is $45 late fee, and all that $45 goes to PM account. Means I received less then I expected. So, I sent email asking PM why there is late fee existing? And they replied:

"Hi ,the total judgement not only includes physical damages that you had to pay initially to secure another tenant but also includes outstanding rent balance if any and late fees if any and any other charges that may have been charged against the previous tenant. The $45 is most likely a late fee.

So, as the funds are received from the Attorney, they are applied to all charges in arrears. Eventually you will receive funds less the 1/3 collection fee from the Attorney forwarded to you."

After sent them third email and finally got reply but that did not answer my question. Any idea what PM trying to do? Why not just following the distribution of the first month?

Update: Just got email reply from PM. 

"Hi , looking at the account , there are late fees for July and August. These were some of the existing unpaid charges submitted to the Attorney and before the Judgement took place. Funds collected as the result of the collection judgement are applied beginning with the charges in arrears. Late fees are flat fee charges while the 10% will be against any unpaid rental amounts.

It appears that the actual unpaid rent has been satisfied now, this is why those funds collected were applied to the late fees next. Soon the funds collected will be paid to you less, the 1/3 Attorney fee, without the flat fees or the 10%."

After took some time of understanding this email. My question is why there were some existing unpaid charge before judgement took place?  The judgement claim balance is $7,569.33 then focus on this amount, should not mention any more number. Keep it simple....

Second, the late fee is belong to landlord, PM can only take 10% of it. Not whole. 

Want to hear from you guys. What is this PM doing, is it making  sense? Thanks in advance

After pm forwarded my case (tenant did not pay rent) to collection agency, the judgement claim balance is $7,569.33. The debtor will make $200 monthly payments until paid off.

1/3 of the $200 goes to the agency, and 2/3 goes to my account and within this 10% of 2/3 goes to PM as service fee. Simple and fair.

First month received that $200 and was distributed as above, Everybody happy.

Second month received $200 on time and PM break down that amount and claim there is $45 late fee, and all that $45 goes to PM account. Means I received less then I expected. So, I sent email asking PM why there is late fee existing? And they replied:

"Hi ,the total judgement not only includes physical damages that you had to pay initially to secure another tenant but also includes outstanding rent balance if any and late fees if any and any other charges that may have been charged against the previous tenant. The $45 is most likely a late fee.

So, as the funds are received from the Attorney, they are applied to all charges in arrears. Eventually you will receive funds less the 1/3 collection fee from the Attorney forwarded to you."

After sent them third email and finally got reply but that did not answer my question. Any idea what PM trying to do? Why not just following the distribution of the first month?

Quote from @Jordan Myer:

Quote from @Peter Sik:

Quote from @V.G Jason:

Quote from @Peter Sik:

i have a rental property at Murrieta, CA sitting in the market for 2 months, the condition is good and the rental price is at the lowest. Have requested my PM to host an open house but they do not offer this service. Want to know what should i do to get it rented. thanks

 It's a winter market, so likely slower but even so for 2 months to be sitting the PMs need to be more proactive. You need find a better PM and re-do this, in my opinion. Likely off in price, but could also be a more advertisement. They should have told you around Day 10, hey leads are low from what we are seeing and figured out how to adjust. No later than 3 weeks some firm adjustment should've been done.

Find new PM, one that's proactive!

 Thanks for fast reply. At the very beginning, the PM wanted to list BELOW market price, I didn't agree. So it was listing at medium to high market price until now adjusted to lowest market price but still higher then their suggested price. I mean with such PM experience, what they can only do is lower the price under market price to get a tenant? Where is their marketing skill?? 

 Sounds like the problem could be that the price was lowered too many times. Potential tenants will see this as a red flag ( is there something wrong with this property). They should take down the listing for a few weeks and re-post

The price only adjusted one time.

Quote from @Bill B.:

You’ve already lost 16% of rent with the two months vacancy. If it goes another month or two you could have listed it 25% lower and been ahead before counting utilities. If you don’t think it’s the quality of or the location of the listing (picture quality, ad copy, or websites.) it’s the price. Adjust the price to whatever it takes to get a renter in there with a lease that ends at a better time of the year. 

 Yup, i have to get it pushy. Just got PM msg saying they are going to check the property next week to provide opinion.