Hi, Sorry, as my name says, I new to the property investment game so please excuse me if I don't ask this right.
Can an owner ask for and get from their property manager a copy of the lease with the tenants details on.
We are not happy with our current managers and have signed up with someone else to look after it for us and they take over next month.The lease on the property also expires next month and the old managers refuse to pass on any information to our new managers until then.
I read the PAMD (Qld) and it says that the managers should act in our interests, but I believe they are not.
The old managers have told the new people that when the lease expires they will hand it over vacant – its our problem because we are not staying with them….
The new managers want to contact the tenants to see if they would be interested in staying with new managers. There has been all sorts of issues with the old managers.Can I make them give this to me or am I stuck until the end of the lease?
Thanks
Hi,
We have always been given a copy of the lease at the very start. The managers may have trouble handing over the property vacant, I know I wouldn't move house purely if the property management was changing hands.
Have you thought about going the other way and sending the tenants a letter informing them of their right to stay in the property and that you are only changing the management and they do NOT need to move out. The property management cannot evict them against your wishes but they may be putting the hard word on the tenant.
Good luck hope it all works out for you.
D
DWolfe | www.homestagers.com.au
http://www.homestagers.com.au
Email MeWow! Great Prop Manager you had there! No wonder your changing.
You probably need to read your agency agreement that YOU had with your exisitng PM first (not the tenant lease). Sometimes agents will put a clause in there that says they have up to 90 days to hand over a file once you say you want to change property managers. This really just makes them another 3 months of management fees and gives them a chance to get you to stay. I've seen this and its really poor form from a property manager. So if its in there I suspect your stuck with them to the expiry date. If it isnt you have every right as far as I know to rock up to their office and request the file OR your new PM can do that if your a bit uncomfortabloe about it.
Thanks for the advice DWolfe and shakenbake.
I'm going to contact the managers to get my copy of the lease.
Ther'e's no clause in the agreement that I have with them so there should be no problem, I just wanted to ask someone else before going ahead so that I wouldn't be put off by my inexpirence if they put up a fight.The new manager tried to get a copy for us and the old managers wouldn't talk to them.
I'll instruct them to cooperate as it is in our "best interests" and remind them of their obligation to us. After all they are making money from me…
I've only have this property 6 months and have had all sorts of problems and this is just about all I want to take from these guys.
I'll let you know how I get on.
Yes, i think you should be able to. The agent is your ágent' which means that they are acting as if you. so what they have is really yours.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I have also received a copy of the lease agreement when my houses have been leased. I agree with on eof the previous posts, write a letter to your tenants advising them of your decision to change agents, if you are happy with your tenants give them the details of the new property manager and invite them to stay on in the property. Make it clear that you appreciate the way they ahve looked after your property thus far and let them know that you don't want them to be inconvenienced by ahving to move and find a nre property to rent.
let us know how you get on
cheers
Sonya
apologies for the typos in the previous post
sonya
Hi Sonya
check wih the your local rental/tenant authority in your state, here in SA it is the residential tenancies tribunal. They should be able to guide ou on local obligations of landlords and tenants.
Definitely get a copy of the lease if the agents don't give it to you speak to the REI the tenants should also have a signed copy.
It would also be worth getting a copy of your ingoing inspection sheet from the current agent, they are usually required by law to perform an nspection and provide copies to land lord, and tenant.This agent sounds like a real painin the proverbial. Remember the tenants are your clients and not theirs to own etc.
I do like the suggestion above about approaching the tenant directly..creative thinking andsomething we all need as property investors. Who knows the tenants may also have had issues with this agent. There are a lot of good tenantsout there so stay positive about all thisWarm regards
SueMIT | Owen Real Estate
Email MeHi Sue,
I wasn't the original post on this thread, simply someone replying like yourself. However, i agree that this real estate agent is someone to get rid of quickly, they are certainly not fulfilling their professional obligations.
Cheers
SonyaAn update on my previous posts.
Moved to new managers, but tenants moved out.
We went to the property to have a look at the state that the property (townhouse) was left in after they ended their lease to find that they had painted the walls to cover up marks they made when the had moved in using paint provided by the old managers. The paint doesn't match and now we have to get all of one level of the place repainted !!!! Also the tentants left oil stains on the garage floor and never really cleaned the place up at all. We are now looking at legal action against the old managers for what has been doen and what they have let happen….Fighting any refund of the tenants bond until we get it sorted out.
Will update as it goes on.
I woul also make sure that you have photo documentation of the damage before you carry out any repairs or cleaning. Also can you get a copy of the original leasing agreement where the tenant and property manager notes any existing marks on the wall and carpet etc? This may also support your case for with holding their bond for more than fair wear and tear.,
Good luck
Sonya
Thanks Sonya
The place was brand new and these were the first tenant here….
Just found out also from the old managers that the tenants had a blocked drain (3cm hair ball) and flooded the upstairs bathroom. They took $250 out of our final payment for this. A check of the so called tradesman's invoice looks like he's not even a registered trades person (checked online with BSA), so now something else to look into…..
It really make you wonder if its worth it.
New2
Handyman doesn't need to be licenced if it total cost is below $1k (or some small number).
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