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Updated about 2 years ago on . Most recent reply

User Stats

23
Posts
9
Votes
Lisa W.
  • Investor
  • Portland, OR
9
Votes |
23
Posts

Lease renewal validity amid change in management

Lisa W.
  • Investor
  • Portland, OR
Posted

Hi there.  In mid-November I 'fired' my property manager and resumed self-management of my duplex.  The property manager had sent the tenant a lease renewal in October, to be returned by end of January.  I recently pinged tenant with a reminder, as I haven't received it yet.  She wrote 

"At no time in the process of separating from [mgmt company] did you mention that we were going to continue any of the contract elements. I recycled the rental agreement assuming that if you wanted to have one with me that you would let me know. I believe that you are obligated to write your own, one which identifies you specifically as the landlord."

I believe she's incorrect in her assumptions, in that the management company was acting as my agent. 

Would appreciate confirmation (or not) from folks here.  Thanks much!

Most Popular Reply

User Stats

23
Posts
9
Votes
Lisa W.
  • Investor
  • Portland, OR
9
Votes |
23
Posts
Lisa W.
  • Investor
  • Portland, OR
Replied

Thanks @Theresa Harris and @Richard F. The tenant had been on a yearly lease and the PM was supposed to send them a lease renewal at end of May (for a September renewal). They dropped the ball though and didn't send the renewal until October. They screwed up on lots of other things too, so I severed our relationship in November and communicated the new management (me) to the tenant. In retrospect it would've been cleaner to wait for the new lease to take effect, but there were reasons for my madness. 

My understanding is that here when a fixed term lease expires it changes to month-to-month by default, so that's the current status.  Per your feedback I'll send her a new renewal notice with effective date in 90+ days. At least the security deposit transferred to me OK, and I promptly notified the tenant of the new bank info where it's held.

Thank you both for very helpful advice!

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