Help! Property Management Question

[Jenny Keffer]

My husband and I own one property which we hired a property management company to manage. From the beginning, it has been problems with the management company. We decided to wait until after the first of the year to take steps to eliminate the company.

The company selected the tenant and the lease began in July. Rent is due the 1st of each month and the property management company then mails us a rent check towards the end of the month (in case of repairs throughout the month.)

At the end of November, the rent (due Nov. 1) never came. Two weeks into December, I asked where the rent check was? The company said the check must be lost in the mail and mailed another check.

At the end of December, same thing...no rent check. A week into January, I ask where is the rent for December?

The property management company ignored me for two days then said the renter never paid December's rent...or January's. They had not noticed that December was not paid until I called them.

They said they would go to the magistrate. For several days, she kept saying she would go to the magistrate (it is in the contract for them to do so.) Then she received a check from the tenant for December (but none for January) with a letter promising that January's rent would come the following week.

The next week comes...no rent Friday. I ask...did you go to the magistrate? No, we had another property emergency. Monday...I ask, did you go to the magistrate? No, it's a holiday but we're going first thing in the morning. Tuesday, did you go to the magistrate? They ignored me. Wednesday...did you go to the magistrate? No, we were busy Tuesday. And today we thought we'd wait until the mail came and see if they send the rent. Meanwhile, the rent is 3 weeks late, $200 in late fees, and February's rent almost due. I asked them to forward the copy of the tenant's lease to me for my lawyer. They agreed but have not done so.

First of all, I do have a call into my lawyer. What are my options for proceeding at this point? I want to fire the property management company and proceed to the magistrate myself and take over the handling of the property myself. The property management company has exhibited negligence and is in violation of their contract multiple times over.

All advice appreciated!