Can Property Management Commission apply if you self manage Apts?

Question

Hello,

We have a difficult tenant whose lease we did not renew.  She was just trying to create trouble by filing complaint to Fair Housing for discrimination.  We got enough evidence for that.

Now she took a property manager exam and said she will be meeting with Commission to complaint against our property management practices to start investigation.  My question is, since we self manage can property management commission do an investigation.  I assume if she has issue then she can file with Magistrate like summons and complaint for something.  Btw, its an apartment complex in South Carolina.

Thank you so much in advance!

Andrew Junquet · Answer

Seems like she just doesn't like the changes. Time for her to go anyway if that's the case. You may want to try reasoning with her using the broken lease as leverage. It sounds like you have more of a case with that than she does with what she's trying to do. Personally I would ignore it or push back until I hear directly from the agency that's "investigating". If you do hear from a legitimate agency lawyer up and have them look at it. If you have everything recorded and you didn't do anything wrong it shouldn't be more than your lawyer contacting the agency to put an end to it at most. Take all of this with a grain of salt though. I only have one rental in Columbia so far and am just getting started. This thought process just makes the most sense to me based on what I've read so far on these kind of disputes.

Fred Heller · Answer

Even if you self-manage you are still subject to federal, state, and local laws like Fair Housing. So yes, she can file a complaint. Can she win is the question.

It probably wouldn't be through your state real estate commission. There's probably some other agency that enforces whatever law she claims you've violated. Here in Texas, the Texas Workforce Commission investigates allegations of Texas Fair Housing Law violations. The Attorney General's Consumer Protection Division handles general tenant-landlord complaints.

Good luck!

BTW not giving legal advice. Just passing along an opinion.

Curtis Thomas · Answer

I have rentals in/around the Columbia area as well. Please keep us informed of how this goes.

Ronald Rohde · Answer

In my experience, these agencies are just as lazy and biased as some of the complaints. I would definitely lawyer up, no need to be rude or tough at the first meeting, but this could snowball into a much bigger headache.

Andrew Junquet · Answer

Go see what they say (but see a lawyer first). Have all your records/documents with you. Present a professional front that says you care about the tenant but you run a business. From what you've said so far seems like you were fair about it and they broke their lease because they didn't like that you rented out another unit that the last landlord let go vacant. Personally I wouldn't step down on this. Just my opinion though. Not legal advice. You should get a lawyer to look at it before you have to go in my opinion. Yea you'll pay for the lawyers time for likely a non-issue but it's better than going in unprepared for a $1MM settlement and being ruined.

Fred Heller · Answer

People are crazy. Years ago I lived in a cheap apartment with a crazy downstairs lady. She constantly complained to the landlord that I was throwing wild parties at all hours of the night. But I had to get up for work at 4AM so I was always asleep at the time of the alleged parties.

One night the phone woke me up around 2AM. She had somehow gotten my phone number and when I answered she screamed "will you shut up up there?"

Rick T. · Answer

Fair Housing called for meeting next week.

Rick T. · Answer

We recently took over distressed property and doing renovation.  She lived on bottom floor and never had anyone above her.  Few months ago, we rehabbed unit above and a family moved in.  Existing tenant is African American and new upstairs tenant is Asian.

She always complained that upstairs 4 year old child always bothered her.  I have written record of conversations with both tenants that we tried to investigate both ways.  She would harass new tenant upstairs even if they would vacuum at 1pm on Sunday.  Her lease was expiring and we sent her 30 days notice required by Landlord Tenant Act.   She broke her lease and moved out without giving us any notice.

Now she filed with fair housing that upstairs tenants were bothering her disability (which she never noticed office of any disability) and we discriminated for race since management is Asian.  Also, she said she will meet with Real Estate commission for property management policies not followed.

Can Property Management Commission apply if you self manage Apts?

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