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Updated over 13 years ago on . Most recent reply

User Stats

186
Posts
14
Votes
Naga A.
  • Investor
  • Atlanta, GA
14
Votes |
186
Posts

I want to fire a property manager, but there is a problem.

Naga A.
  • Investor
  • Atlanta, GA
Posted

I want to fire my property manager because I suspect that he "nickle and dimed" me as I am an out-of-state investor.

But, there is a problem. In the management agreement I signed with him, there is a clause that says if I terminate the PM without cause, I will "pay a sum equal to the commissions due for the remainder of the current resident's occupany".

The current lease won't expire until next June. So, if this clause is enforced, I stand to lose about 500-600 dollars. The contract is governed by Georgia law.

Is this clause enforceable?

Most Popular Reply

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22,059
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14,127
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Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
14,127
Votes |
22,059
Posts
Jon Holdman
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied
August: Electrical, $75 service call.
Sept: Exterior stucco repair $250.
Oct: Landscape $150.

This just isn't right. Why was there an electrical service call? What was done? If the property was properly rehabbed there shouldn't have been any electrical issues.

Exterior stucco repair? What? Why did it need repaired? Again, if this property was rehabbed, this sort of thing should have been fixed. If someone damaged it, they should have paid, not you.

Landscape? At a rental? If the tenants caused the city to issue some violation, the tenant should have paid. If the PM is putting in landscaping, regardless of cost, they should have your approval. In my experience, tenants won't take care of landscaping, so you're just blown $150 on something that's going to be dead a year from now. You lease should state the tenants must take care of the property and landscaping, not you. If they caused a problem, they should fix it or pay if someone else has to do it.

Sounds to me like you've bought a property in poor condition and the PM is nickel and diming you for a little extra every month. I guarantee I could walk around ANY property and find something to fix.

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