Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated almost 6 years ago on . Most recent reply

User Stats

19
Posts
1
Votes
Janet Lancaster
  • Investor
  • Merlin OR
1
Votes |
19
Posts

Did property manager do the wrong thing?

Janet Lancaster
  • Investor
  • Merlin OR
Posted

Hello All

In March, a rental property I own in AL that is professionally managed by a sister company of the turnkey company I bought it from in 2015 had a fire. It will likely be a total loss. 

Property management company refunded tenant their full security deposit that day. Tenants have left 2 burnt out cars on the property. Insurance is not going to pay to remove other peoples' property. I believe PM should send me tenant security deposit so I can have cars removed.  Thoughts appreciated.

Most Popular Reply

User Stats

28,305
Posts
19,324
Votes
James Wise#5 All Forums Contributor
  • Real Estate Broker
  • Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH
19,324
Votes |
28,305
Posts
James Wise#5 All Forums Contributor
  • Real Estate Broker
  • Cleveland Dayton Cincinnati Toledo Columbus & Akron, OH
Replied
Originally posted by @Janet Lancaster:

Fire was March 19. Insurance is still working on claim...State Farm. The lease - which they were in breach of because of 3 additional people living there without permission - states landlord is not responsible or liable, etc. I don't know any lease that would provide for landlord to provide housing if house burns down. That's why there's renter's insurance. PM gave prorated rent back, which is not the issue. The issue is the deposit and me having to remove their property. They were also in breach of lease because there was a torn up car in the carport area where fire may have originated..... they did not keep the property up per the lease. 

 I think you're way to caught up in the weeds on this one. Other people living there & possible lease violations are pretty irrelevant here. Beyond that what your lease does or does not say is not always going to be the highway. Landlord tenant law is going to supersede any lease agreement. Judges can & do find clauses & entire leases unenforceable all the time. In some situations when a property is damaged the landlord is legally required to pay for a tenant's housing.

If you ask me you should drop this & be happy the tenant's are gone. Getting rid of the cars isn't really that big of a deal. The Property Manager probably has several tow truck companies that they can call. You always find that one who'll take the car away, no questions asked.

Loading replies...