How to get rid of my property manager?

A tougher stance, would be.

I would send them an email outlining your concerns and ask that they rectify the problems by a certain period otherwise you will terminate the agreement.

If the fail, and since you have contact with the tenant give them new bank account details and get them pay you directly.
Wait until the latest payment from the RE is in your account then send them an email along the lines of ‘as per previous email you have failed to rectify the issues and I am terminating the agreement effective immediately. Since you have breached the agreement by providing sub-standard service, I do not believe I am bound by other terms of the agreement such as any notice period.’

Since you have all the money, and the tenant is paying you directly. They will need to sue you to enforce the contract. Since you sent an email outlining your intention to break the agreement due to their failure to provide services as per the agreement, you should be ok.

A less harsh option would be to contact the RE owner, they might put a fire under them or get you a different agent.

Jade12 wrote:

I have my property manager for a few months now and it hasn’t been pleasant. I received late rental payment and very random amount every single month. Suppose to be paid every fortnight but it has never been on time, sometimes three weeks, with amount not reflecting the weekly rent.

Twice she has charged me the wrong % of fees and additional fees, suppose to be 7 but was charged 8. Told her the first time and it was the same again the next month! Recently, the tenants have trouble with the heating unit; it turned off after 5 mins. She sent me an email asking for permission to get a PLUMBER to check, saying it might need a service.

I rang the tenants to confirm the problem with the heating unit and took the opportunity to ask her about the rental payment. She said she has a direct deposit and it get paid off every single week to the agent. I have a reliable builder in that area who I just rang to figure out the issue and will send someone there to service the heating unit.

I would like to do self manage the property instead of paying a non reliable agent. Can I op out of the contract with the property manager asap? Can’t find the clause on termination the contract in the agreement. Please advise. Many thanks.

Regards,
Jade

Hi Jade,

For written record, email the pm clearly pointing out the discrepancies in your agreement, what action you would like to happen and in what time period to resolve the issue(s). I agree with @ten_burner, 30 days written notice is standard and you should have a termination clause outlining the procedure. Look in your area for a property management specific company who only focuses on property management.

Is your property manager licenced? Bad pm are the worst. Been there done that.

Good Luck!
John

Bennytee wrote:

<div class=”d4p-bbt-quote-title”>TheNewGuy wrote:</div>
A tougher stance, would be.

I would send them an email outlining your concerns and ask that they rectify the problems by a certain period otherwise you will terminate the agreement.

If the fail, and since you have contact with the tenant give them new bank account details and get them pay you directly.
Wait until the latest payment from the RE is in your account then send them an email along the lines of ‘as per previous email you have failed to rectify the issues and I am terminating the agreement effective immediately. Since you have breached the agreement by providing sub-standard service, I do not believe I am bound by other terms of the agreement such as any notice period.’

I believe you will still have to pay their management fees for the notice period, even if you said you wanted everything handed over to you tomorrow. Remember, by signing the managing agreement you have agreed to the terms & conditions on that document.

No, you wait until you get paid and every RE I’ve used pays out the balance every month / fortnight, then you have the money and they have none, so they will need to get it from you. Most importantly though, a contract GOES BOTH WAYS – they provide a service, and you pay for it. If the Real Estate breaches the contract by not providing the service, then you don’t have to abide by the termination clause. For this type of breach though, you’ll need to give them the opportunity to rectify it, otherwise if they do choose to sue you, then you’ll probably be liable.

However, I really do recommend contacting the owner. I’m assuming they’re different people, and you really should bring it to their attention.

• This reply was modified 10 years, 6 months ago by  TheNewGuy.
• This reply was modified 10 years, 6 months ago by  TheNewGuy.

I don’t know why I keep replying, but you’ve completely missed the point. Don’t consult a PM, what would they know? Consult a lawyer, as this is covered by contract law. The PM is the worst person to ask this sort of question as they are completely biased in their opinion.

Contracts need to have ‘consideration’. In this case, the PM will manage the property to an appropriate standard and you will pay them. Pretty simple.

If they don’t provide an appropriate standard of service, then they are in breach of contract. The type of breach (there are a few different types), will determine what remedies you have open to you. That is why I said to give them a written warning that they are in breach of the agreement, and give them the remedies you need them to fix by a set date. If they still fail then you’re in a better position to argue a fundamental or anticipatory breach of contract, which you negate the notice period. This is 100% ethical, and to be clear the PM not providing a service and still charge them the full management fee for this period and try to enforce a termination period… THAT IS UNETHICAL.

If you still don’t get it, then good luck to you, but I really recommend you do some research on contract law.

PS. The reason I know this, other than the fact that I read a lot, is that I had the same problem with one of my PM’s and I consulted a number of lawyers to determine my rights.

• This reply was modified 10 years, 6 months ago by  TheNewGuy.

I suggest you get paid then email the PM, request they provide a copy of the time period and clause relating to terminating the agreement. Explain the situation, then issue notice that you intend to terminate unless matters are rectified. If no results, give notice and move managers.
Good luck.
cheers
the crest