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Updated over 7 years ago on . Most recent reply
![Destiny Bowen's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/786763/1694911480-avatar-destinyb6.jpg?twic=v1/output=image/cover=128x128&v=2)
New Duplex Owner; Previous Property Manager Issues, Help!
Hello, all!
I am seeking some advice as I am new to the RE life and am stumped by the lack of professionalism and excess of hassle it has been thus far.
We finally closed on a duplex in the middle of July. One tenant's lease ended 7/31 and the other is in effect until 1/18. The day of closing, I went to the property manager to pick up the keys, leases, and deposits. He told me that I could come pick them up after the first, after he did tenant A's move out inspection.
I thought nothing of it, until the tenant asked for more days as she was not ready to move. Her lease ended 7/31 and was requesting approx. 8 more days. My REALTOR was the one who informed me of this situation, not the property managers (mind you, I did not hire them). Fast forward, it took me 3 hours to get ahold of them to ask about the lease. They said there was no holdover clause, I told them I would be in shortly to get a copy. Long story short, there was a holdover clause, however, by the time I got to speak with the tenant, she was moved out, assuming the answer was no, since the property manager never returned her calls.
Next day, I go to pick up the keys and deposits. I did not mention them doing to move-out inspection, as I feel it should have been scheduled before the last day of the ending month. I was given one $600 deposit and one $510 deposit. Now, the tenant who moved out had a deposit of $775 according to her lease, however, I was only given a check for $510... The property manager stated that they had a verbal agreement that she breached, and he would be keeping $250. The check was already made out when I got there.... When I asked if she was made aware, his exact words were "what she doesn't know won't kill her".
They were also obligated to furnish the empty side with a working refrigerator as part of my contract when purchasing the house. It has been empty for 3 days, I have no fridge, they don't return phone calls and are scarcely in the office.
As for the tenant that remains, she has been there for 10 years. I was given her key, however, they stated that she "must have been there so long, they misplaced the lease"... I have no lease for her, nothing...On top of that, I get an email from this tenant last night that she is going to "explore her options" as her and this property manager discussed her relocating...
What do I do....
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![Deanna McCormick's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/131915/1621418402-avatar-trustbaby.jpg?twic=v1/output=image/cover=128x128&v=2)
First, ask remaining tenant for copy of her lease. If she has it fine if not then your safe to give her a new lease and rent increase, with proper 30 day notice. In the eye of the courts with out written lease she is month to month. But GET that management company under control first,or out. If they steal a client of your you tell them that you'll bad mouth them up and down for conflict of interest / non-compete clause. they can't steal your tenant. without your permission.
Second, all the rents, security deposits should have been part of the closing documents along with copies of all leases / addendum's,, your past that now so not to worry,
the tenant that left if she left on day of closing then legally your possession started the 1st. so any security deposit would be on the seller to deal with, she was out prior to your possession, and you'd not be responsible for doing the security deposit anything. If you were given money by previous landlord for that either return it with written statement from him he's doing the move out, refund or just plain keep it because he was stupid.
The fridge,, on your part did you do a day of just before closing walk thru ?? in not then basically your screwed. put the security deposit money toward the replacement fridge cost, and say the tenant stole the fridge
DID you inherit the property management contract.. ??? IF not I'd start fresh they sound dopey.