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Updated about 3 years ago,

User Stats

15
Posts
0
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Ashley Hughes
  • Houston, TX
0
Votes |
15
Posts

Shady property manager - Need advice on what to do

Ashley Hughes
  • Houston, TX
Posted

I own a duplex and I have a property manager because I live out of state.  Last January I had a call with my tenant to ask her some questions about her unit.  We chatted about that and then she goes on to tell me that my property manager had been harassing her about  paying for a broken toilet.  She showed me a letter where the property manager was demanding that she pay a remaining balance of $400. She had already paid $200 according to the letter.  At this point I was confused because I wasn't aware that the toilet had been broken. In my contract with the property manager, any repair requests over $200 needed landlord approval or if it's an emergency, the property manager must let the landlord know within a reasonable amount of time. This particular letter that the tenant showed me, had me CCed as a recipient, but I never received a notification from the property manager that this incident took place.  This conversation with my tenant  took place in January 2021 and the property manager had sent the letter to the tenant in December 2020. I found out the actual incident (broken toilet and flooding) happened in June 2020 and that it costed $600 for the toilet replacement and whatever flooding happened. I told the property manager that since he made an agreement with the tenant--to pay--without notifying me about the incident that was over $200, it was up to them to work that out and none of the rental payments would go towards the money he put up front to pay for the incident. I told the  property manager that the tenant sent me picture of the letter. I asked him why he didn't tell me about the incident and CC'ed me in the letter without my knowledge.  His reply was "I wanted to scare her (the tenant) into paying and I knew if I put the landlord (my name) on the letter, she would do it." After some back and forth of discussing the wrong of this situation, the property manager said he would eat the cost.  Fast forward to December 2021.  The same tenant stopped paying her rent from May - December, so the property manager took upon himself to do a rental assistance application and we were able to get her missed payment and additional payment to February 2022.  The check came directly to his property management company.  Not only did he deduct the $400 the tenant owed him, but he also deducted his property management fees from December until February 2022 out of the rental assistance funds.

I want to cut ties with him immediately. Is this incident a true breach in the contract with grounds to fire him and terminate the contract?

See excerpt from contract around repairs.

Let me know how you think I could or should handle this.  

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