Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 4 years ago on . Most recent reply

User Stats

48
Posts
13
Votes
Don Jackson
  • Software Dev/Investor
  • San Jose, CA
13
Votes |
48
Posts

Getting out of PM contract

Don Jackson
  • Software Dev/Investor
  • San Jose, CA
Posted

I have been with a PM in North Carolina for 4 years. He got me sued a few months ago by making a mistake that caused the tenant to get a lawyer and sue me. The PM informed me that I needed to get a lawyer to defend myself for the mistake he made. I lost in court and paid a bundle. Of course I started looking for a new PM. I found one that I like. I then informed my current PM that I would like to cancel at the soonest possible date. He told me that my current contract renews automatically on July 15th, which is less than 60 days from now, so notice today would be less than 60 days. He insists that my contact with him must renew on July 15, 2020 and continue to 7/15/2021. Here is the exact text in the contract:

Duration of Agreement. This Agreement shall be binding when it has been signed and dated below by Owner and Agent. It shall become effective on 7-15-16 (“Effective Date”) and shall be for an initial term of ONE YEAR. NOT LESS THAN 60 DAYS PRIOR TO THE CONCLUSION OF THE INITIAL TERM, EITHER PARTY MAY NOTIFY THE OTHER PARTY IN WRITING OF ITS DESIRE TO TERMINATE THIS AGREEMENT, IN WHICH CASE IT SHALL TERMINATE AT THE CONCLUSION OF THE INITIAL TERM. IF NOT SO TERMINATED, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR SUCCESSIVE TERMS OF YEAR TO YEAR EACH UNLESS EITHER PARTY GIVES THE OTHER PARTY WRITTEN NOTICE OF ITS DESIRE TO TERMINATE THIS AGREEMENT AT LEAST 60 DAYS PRIOR TO THE CONCLUSION OF ANY SUCH RENEWAL TERM, IN WHICH CASE THIS AGREEMENT SHALL TERMINATE AT THE CONCLUSION OF SUCH TERM

It sounds legit to me. It goes on to mention the penalties if I break the contract. So my question to the BP community is, do you see any way out? Do you have a recommendation for a good lawyer that can help me out?

I've already been put through the wringer by this guy and I really want to move to a new PM.

Thanks for any suggestions.

Loading replies...