Help with Property Management Issue

[Jules Semanchuk]

I turned my property over to a property management company this year since I was leaving the area. After a long search for tenants, we decided on a June lease start. I have been very prompt in my email responses with the company while the manager takes a week or more to respond. Frustrating but not worthy of firing. 

Then the property manager allowed the tenants to move things in a month before their lease began since they were moving out of the dorms and needed a place for their things. I was not asked or notified until after the fact. When I expressed my frustration and legality of the situation I sent a very upfront but unemotional email stating what he did was wrong and I wanted out of our contract.

Two weeks later he responded

"In the leasing and management agreement you abrogated the rights and responsibilities of tenancy to me. As part of negotiation with the Tenants prior to lease execution and acting in your best interest, I agreed to their request to move a few boxes to the vacant premises upon their required exit from the dormitory. My consent to this reasonable request is within my right to manage and negotiate leases."

I should have asked for a copy of the lease once it was signed so that I could read it over, but at this point do I have a legal standpoint to get out of our contract?

On a side note, he really pushed these tenants on me even though I was hesitant to agree to a lease that left the house empty for several more months. He stated they would be paying double rent through the summer, but really wanted this house so they agreed to begin in June instead of July. I have this in writing from the property manager, but now his writing states that they needed a place to put their things since they moved out of the dorms. Certainly two different stories. Any advice is appreciated!

[Eric G.]

I can't speak to the strength of that particular market, but here in CA we would never hold a property for an incoming tenant longer than 30 days. They "really wanted it?" I'd tell them to check back in when their move in date is 30 days out. And I'd continue marketing. Vacancy is one of the biggest expenses to a landlord, and that is priority number one. Sounds like a lazy manager that just wanted to close the book on your property. Again though, I don't know your market or the condition of your property.

I also think it's irresponsible for them to allow tenants to store items pre start date. I take a hard stance against that as I don't want the liability. And yes! I get that request on the regular. The answer is always no. But if they want to start the lease earlier and pay for the days they are welcome to. Remember, this is a business not a charity.

The untimely response from your manager is also troubling. I'd shop for another one now. My guess is that your current contract has a small cancellation fee, but probably worth just breaking and moving on.