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Updated almost 6 years ago on . Most recent reply
![Tony Castronovo's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/550860/1724625897-avatar-tony69.jpg?twic=v1/output=image/crop=1080x1080@0x0/cover=128x128&v=2)
Being taken advantage of by my property manager
So I recently ended a very bad relationship with a property manager (large company) on the 11th of last month. I've been waiting for everything to clear on my ledger to get my final distribution. Earlier this week I saw that they charged me a full month's management fee (we were on a flat monthly fee), despite that they only managed the property for 11 of 31 days. When I questioned it they said they deserved it because they collected tenant fees for the month. I claim that they only worked 1/3 of the month....and to be honest, if tenants are paying without having to chase them down then there isn't much to collecting rent.
The problem is that they have my money and just deducted it from my account. It''s not like they sent me a bill and I have the right to refuse payment. I have absolutely no leverage here. It's obviously not enough money to take it to court.
Do I just need to get over it? Or is there something I can do? Is there anything you put in your contracts to avoid/mitigate this situation?
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![Jim K.'s profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/1005355/1718537522-avatar-jimk86.jpg?twic=v1/output=image/crop=1497x1497@0x136/cover=128x128&v=2)
Ah, I get it. So the first PM is being fired and the second PM is doing a good job. The first PM obviously understands that this is the end of the line for them and is now carrying out a get-what-you-can action with nothing to lose,
This I definitely have some good advice for.
I was once on a bus driving on a crowded highway and the bus driver, inching along in traffic, didn't allow this dude in a hot car to come out of the parking lot he was in. The guy beeped his horn, got out of the car, strutted to the bus's door, and banged on it.
The driver opened the door and said, "What? What's your problem?"
The dude climbed on the bus, reared back, and punched the bus driver in the face as hard as he could, stepping into the punch. He then turned around, got into his car, and buzzed off down a side street, cool as a cucumber. License plate showing, assault and battery, didn't matter.
The bus driver was in his late fifties, early sixties. He fell out of his chair. Apparently, the guy had something in his hand to help along with that punch, his keys, a roll of quarters, brass knuckles, something. The driver claimed later he lost 70% the hearing in his right ear and half the vision in his right eye.
I know this because I was the only passenger on that bus who stayed with the driver. I was in Greece in 2006, and everyone else on that packed bus, maybe a hundred and fifty people, all had better things to do and jumped off that bus before the cops came. A miserable fact I will always have to bear witness to when speaking of my fellow Greeks.
The first thing the bus driver said when he came to was, "I'm going to get that guy. I'm going to find him, and I'm going to kill him."
And I said to the bus driver, "I understand and appreciate how you feel. Don't say anything like that to anyone else, especially the police. Later, you'll be able to make better decisions about this and carry out those decisions. Right now is not the time."
So my advice to you is very simple, Tony. I understand and I appreciate how you feel. Right now, there's nothing you can do at this time. You should definitely research the right language to put into your contracts in the future. I like Matthew's suggestion, too.
Later, you'll be able to made a good decision about this particular incident and carry it out.