Am I in trouble? Issue with property manager

[Sharon R.]

Hi, 

I wish to give a warring- this one is long. The short version is at the bottom of this post. 

I heard a few different opinions on what I am about to write to you,
so I need a very specific advise here, if backed by some kind of law background, that is even better :)

So here goes,
In the mid of December I bought a house, a condo (no HOA) in Decatur GA

The house was tenant occupied. it is a 2 beds, 2 baths, it is 1990 built, beautiful street. The rent is currently 704$ , I bought it 6 months ago, like I said occupied with a nice US veteran man that has been living there for many years.

I was told he gets government support aka - sec 8, of 50% and I would get it. The broker who sold me the house and the closing agent failed to put it in the closing so the rent for half December - I never got. I tried but the seller and his agent just ignored our calls. I gave it up.

The broker introduces me to a woman who said she manage a lot of the broker's clients' houses and pushed me to sigh a contract with her. I was very suspicious about her bus she said - I will make it easier, give you good terms so you have an easy start in Atlanta.

so i signed, (I think it was the 29 of Dec). Big mistake.

Things were not looking that great a few days right after, I asked for instructions regarding paying the city tax, it took her months to answer that, finally I got the URL from her and saw that it was paid in December (by the previous owner), or when I asked for insurance contacts... she promise she would look for it - never got it from her.

so I just let it go.

as long as she takes care of the main things, that’s not a big deal, I will deal with it myself.

she said she will go to take care of the sec8 and every time she said something else.

(you will have the excuses followed, but wait)

At the beginning of Febthe door at this house was broken by a burglar, they did not come in but it was damaged - send 400$, i did asked for the vendor recite but never got it. Later on I was told by tenant that it wasn't properly fixed and although he had told her about this.

mid Feb she asks me to have this document signed by a notary, I send it when is was ready. i think is was in the 20th or the 24th I am attaching the doc because I think this gives her permission to day light steal my money....

Beginning of MarchI am writing to PM-

how are things moving with sec8? please keep me updated, and I haven't received the rent for this month from the tenant yet. Also, I know that there is a yearly tax to be paid,
can you tell me where is the bill being sent to
and to whom do i need to pay?

___________________

She replied -

The Housing Authority lady over the approval.

_______________

The 8th of March -

I just checked my account

I haven't received the rent yet.

She writes back -

I was in eviction court all day. I will deposit in the morning

and then a few hours later -

Hi there!

What is your account number? I thought I had it in my favorites but I can't find it. I was getting my deposit slip ready for tomorrow.

on 1 April,(I have almost everything in text for what it's worth...) after i have been asking again and again about the sec8 money

she wrote to me -

"The check for December and January went to previous owner but they reissuing a check for December, January and February by next Friday. "

I asked about March sec8 part of the rent and she said that she isn't sure if the tenant will still get it. Because his income from the Army was raised.

I asked for any formal paper from sec8 that they might have given her, like a number of file or anything, she said she does not have it but she will ask for it. (Never got it)

at the same time she said she will go to get the check and papers when she will be there on Friday.

on the 9th I emailed her regarding the rent money from the tenant,
she replied -

I got the days mixed up and I have them depositing the money in your account on the 15th. The tenant has to pay full rent starting next month. I will collect from him on Monday because he left to go out of town 4/2/16. Sorry for the mix up!

I texted back -

"So he is 4 days late. Do you agree to that?
I don't.
This Will become a habit and that's not
acceptable. Next time he is late charge
late fees as written in the contract.

Please let me know the names and phone
numbers of the people you spoke with
in sec8, i want to have it ready in case the
payment in full won't be deposited on
the 15.

This long wait is ridiculous ."

She did not respond.

I texted her on the 11th of April that I haven't received the rent and

got this test back -

"Hi there!I'm just getting back from Spring Break with my daughter and I will have it tomorrow"

7 hours later she texted again:

"the tenant is going to be late and will pay late fees."

A few texts later and she said she will pick it up from him on Saturday.

She also said - he is not trying to skip payment, he was out of town and still is. Later on I heard the other side of this story, turns out the tenant called the PM around the third of the month to come take the rent, she said she would come but she didn't.

Let’s go back to the sec8 money - another text from her on the 16 April saying that they are reissuing the check on the 15th, probably takes a week or so till it's in my account.

On the 18th I still didn't get the rent from the tenant, I texted and got the reply -

"Good morning! I was at my daughter truck meet yesterday. I will handle the tenant today. "

the next day I texted her again and got more excuses.

on the 19th I sent an email -

Hi T,
Didn't get the rent from tenant. You said Sunday and it is Monday already. If it's not deposit by the end of the day please start eviction process or whatever it is called.

Sent from my iPhone

I asked for a copy of the "late rent" notice.

I asked her to send one and she just didn't replay.

still on the 19th, another email to her -

1. like i texed you earlier , even if the tenant is "on his way to pay"

it is absolutely necessary that you will give him the "late payment"

letter today and please send me a copy. I am asking that because
if he still doesn't pay i will need you to file for eviction and like you

know, it isn't possible without the one week after letter of "late payment".

2. I haven't received the 8sec rent from mid of December,
it is almost 5 months that I am waiting for it. I asked you before to send me the documents that you serve them and that you got from them and I still didn't get them. please send them to me.

3. also, i was reading in the internet regarding reason for not receiving rent from the housing authority and I was thinking that is it possible that the rent from sec8 is being held because the account is in abatement?

Sharon

I did get a respond to this one -

I will have every answer for you. My car wouldn't crank when I was leaving the house and I am at the shop getting it fix. I'm not trying to avoid you but I'm pissed about my car right now.

and this was going on and on... all kind of excuses

I was fed up. didn't know what to do.

I called the tenant. He remembered me because I was there in December

to see the house.

He said that the PM did not come for the rent before the 5th, so he left for a vacation and when he was back his car was on fire and he needed the money for new car since he has major leg problems.

He asked me for a few more days. He said he just got an extra job that would help him pay. he said he was told by PM yesterday that he needs to pay 75$ + the rent for April, he asked if I could help by giving him till the 2nd of May (the date of his army money coming in) and he will deposit 1400$ directly to my account. He has a Welles Fargo near his house, he said that if I can not do that he will just move out. I knew he doesn't want to move so I did the quick math in my head -

An eviction means one month empty house for finding new tenant, that's 700$ worth at least, a 700$ fee for broker to find new tenant + filing fees...

That’s about 2K easy.

On the other hand…

A nice army veteran man, 65+yo , lives in this house for 5+ years,
had not received his usual balance this month, car on fire…and he has family members (he mentioned them on the conversation… in my line of business I listen well…)
… well. Idk,
he will pay.

I gave him my account number. My email. He wrote me -

“Mamm, thank you for working with me I will not let you down…”

Oh and I did waved the 75$ late fee. (yes, I know what you think… )

Guess what?

He paid.

But, he still owes me 377$ for the half of March (sec8 told him they are not paying for March and I was not sure about it) which he asked to pay in two payments, one on the 23rd of this month and the other half with the rent of June.

I had told all this to the PM the next day.

I said - sorry, but if you don't take care of my stuff, i need to do it myself.

She replied - I don't get involved if two grownups get along.

I asked her to send him the "late payment" anyway. She did. He got it.

He email me asking what to do, I wrote back saying that she needs to do that because he is late and this is the law, but if i get the rent he doesn't need to worry she won't act without my permission.

so like I wrote before - he paid.

On the 21 April I asked PM again for any docs from sec8

on the 22nd I asked again

on the 26 of April I got this from her -

Hi Sharon,
1. The tenant received email but didn't reply back yet. I texted and he said he received it but that was it.
2. I went to the Housing Authority. I have to take proof of my business license because you are not a broker or real estate agent. I will be finished with this after Wednesday.
3. They say owed to you is $353(December), $353(January) and $353(February).
Sent from my iPhone

I replied -

1. If he said he got the mail, that is enough for now. If he doesn't pay by 16:00 2May then I will tell you and please file for eviction. I believe he will pay.

2. You wrote "went to the Housing Authority. I have to take proof of my business license because you are not a broker or real estate agent.."

So that must also mean you won't be authorized to file for eviction either. Ok, so please, just do me this favor, since we are both stuck in this mess together...(I believe you did not know that you be needing a license for that...) Please call the eviction office or give me their number, so we find another way of being ready for the eviction process if we need it.

3. AHA, give me the phone numbers and names of the people you talked to over there (sec8), and even better- from which departments And i will contact them directly , it can be faster, let me try at least. We work both fields and make it happen.

Sent from my iPhone

Yes, I was trying to be nice. Not to insult her.

she answered -

Yes I can file for a eviction. I have business license and I work under a broker.

I don't know if you understand but I file evictions for my other clients if needed. The Housing Authority is different from court.
I will give you another update on Wednesday. I am about to workout and start my day.

Sent from my iPhone

On the 28 of April -

Hello Sharon,

Everything is done but I got to go to my bank where my business account and get a check(void) on it. The reason for this is because you are not licensed. They will direct deposit in my account and I will put it in your account.

I realize if you accept whatever he give you on his rent and it is not full amount. He will not be able to get evicted. You should never have given him your account number because once you accept money and it's not the full amount. We can not start eviction until the next month. This is why I told you from the beginning I pick up rent and I give them a receipt.

Sent from my iPhone

On the 3rd of May-

I asked "Any updates"
Got this -

Hi Sharon
I haven't received anything as of Wednesday. I will check my account today and if I did I will deposit
Sent from my iPhone

On the 9th of May – I wrote:

Hi T,

I assume they didn't send the money,can you call find out what is wrong?

She replied -

Hi Sharon

I will know tomorrow because I'm on the road back home from out of town for Mother's Day.

Sent from my iPhone

On the 10th of May -

So I guess you didn't get the sec8 money to your account yet,
so please call them, let me know what they said, and what is the excuse this time...??
For the next house I will come personally to
their office, it's sooooo annoying!
If you did get it, please deduct 100$ which I owe you for May and April,

Thanks

The answer -

Good morning!

The other house I will send you the paperwork so you can go ahead and get started. I am already on file with Atlanta Housing Authority but they are a lot easier.

The reason it took Dekalb County so long because they has to get the money back from the old owner for December and January. If I would of known it was Section 8 when you first started it would of been better,Sent from my iPhone

now, when she said "the other house" she means a house she knew that I was in DD for buying. (she knows my agent)

13 May – I wrote:

It's been two weeks since you said they are about to send you the money

(after you gave them your cancelled check,

did you call? what they say in sec8?

and her replied was -

Hello Sharon

I didn't see your email because I have been at the hospital since Thursday at 10am. My daughter was coughing up blood. I'm waiting to get her discharge the morning. I am going up there first thing Monday morning. I will email you back or have you call me on Monday with some great news. I apologize again I thought I sent you a text letting you know why I haven't responded to anybody.

Sent from my iPhone

I was trying to be as human and understanding as possible and said -

Ok, I will wait for tomorrow.
I cross my fingers for your daughterto feel good again.

So 3 min later she sends this -

Thank you... I'm not feeling to good now. I think I got a stomach virus. I don't like hospitals or stress it makes you go to the bathroom

Sent from my iPhone

so I am like... OK, is she preparing me for another delay?

I wrote back -

OH, wow,

Ok listen,

do me a favor, transfer me to one of the people in your company
to follow up on this matter and get it done tomorrow.
I need to get it done ASAP, so if god forbid you are not feeling too well tomorrow I can still get it handled.

I believe you that you have legit issues that you need to take care of,
But it seems that there is always another reason for more delay.

Maybe this is just bad luck of circumstances
but I spoke to other investors, they never waited 6 months for money from AHA even when there was an issue with previous owner,
And please remind me never to buy a sec8 tenant house again

She replied -

They are not AHA this is Dekalb County. I told you Atlanta Housing Authority is a lot better. It's nothing wrong Section 8 it's the fact you didn't tell me know everything when you closed.

which is BS because she knew everything that happened at the closing firm ( that they didn't include what I had coming rent wise, but it has nothing to do with the fact that I am not getting the sec8 money. and yes I always get them (AHA and sec8 confused) but again that is hardly the point.

On the 18th of May – She emailed me -

Hello

They send out one payment on 5/17/2016. As soon as hit my account will forward to your account.

I did not answered that. First, she wrote “one”, why one?

I am due to get all of those payments, why one? Sounds like another way to stole time… second… I don’t believe she wants to send anything.

I am at the point of over fed with BS,

yes, I am in Tel Aviv now. there is a limit to what I can do.

I think she decided to take the money to herself.

Not sure I will ever see it.

By the way, I am sure not 100% though that she hasn't any real estate license.

and her logo doesn't appear anywhere online.

so my questions are these:

1. can I fire her?

2. How do I do that?

3. what do i need to write?

4. have I breached the contract by contacting the tenant myself? does that make me loose

my stand against her?

5. how do I get my 880$ from sec8 ?

6. Can I ask the tenant for a deposit (I don't mind getting it in 4 payments but I do want to have a deposit)

7. Any other idea to resolve this?

Thank you and may God bless all of you for reading this post with a will to help.

Sharon