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Updated over 6 years ago,
Property Manager released from contract after tenants moved - BUT
I'm in Indiana. I one one property that I've rented out myself for the past 16 years. This past year, for the first time, I signed a property manager.
I got a text a couple of months ago that due to leaks in the roof, and the ants they can't get figured out, the tenants want out. Horrified, I agreed. This was the first I'd heard of these things - the response was that she hadn't wanted to worry me.
The day after the tenants moved out early (3 months early), I drove the 1 1/2 hours to where the property was. The property had never been raked. Leaves and sticks up against each side of the house. The gutters had little trees growing out of them. Roof full of leaves and sticks. I spent all day as well as each of my kids, cleaning the neglect. I took a ton of photos and texted my property manager that I'd like to have a meeting about the neglect of the home. In the leaf piles I found mounds of ants. Watched them crawling into the house. My next trip in, 2 days later, I sprayed. Never saw them again. We had 3 days of torrential rains in the past month. I drove in again to view the leaks that caused them to move out. After 18 hours of non-stop rain, I finally saw a drip every 30 seconds within the laundry room.
I had quite the conversation with the property manager. Told her I agreed to the early release of the tenants, only because I assumed that the property had been maintained and that it was a legitimate request. The property manager got mad, and then ignored my texts for the next week. She then materialized and requested a mutual release. I agreed shortly thereafter.
In the meantime, on the interior, the tenants damaged the carpeting that had been BRAND NEW when they moved in. The property manager said, "what do you expect when you put in Berber"
We have a strict law here dictating 45 days to return the deposit. I've asked the manager to send me the deposit 3 times so I can handle this. She told me no, she would do it and fulfill her obligation. I pointed out that she was no longer part of the contract and had no obligations as such, that she needed to send it to me. She is now refusing. Said she won't give anybody the money until she determines that it is fair. Fair being that I give her receipts, and that there was no damage, only the carpet. And this also isn't even true. She owns her own company, is the only broker there, having only an assistant.
There are 2 weeks left before the 45 days are up, and I'm desperate for guidance: do I need to write something up and send the remainder of the funds myself?