Okay, I've copied text from a landlord law book, and I have annotated each of my property manager's infractions against the rules set out below. Would CalBre have a case to investigate?
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Licensing requirements:
Owners of real property can perform all leasing activities for their property without needing real estate broker’s license. Similarly, if you hire a manager who lives on the property, that person need not be licensed (1). (B&P SS 10131, 10131.01.) However, your tenant manager can manage only the property the manager lives on (2). If you want this person’s services at your complex across town, the manager will need to take and pass the licensing exam administered by the California Department of Real Estate (or be supervised by a broker explained below).
The rules are somewhat tricky for managers who do not live on the property. For example, suppose you want to pay a resident manager to also manage your second property, or you want to hire your retired brother-in-law, who lives in his own home, to manage your apartment complex. Unless each obtains a real estate license, they cannot take the job unless they will be supervised by a licensed broker or real estate sales person. Even then, they will be able to assume only the following duties, and only at a single location (3):
*Accept signed leases and rental agreements.
*Provide information about rental rates and other terms and conditions of the rental, as set out in a schedule provided by the owner, and
*Accept deposits, fees for credit checks, and other administrative duties, security deposits, and rent
*Provide preprinted rental applications and respond to applicants’ inquiries about the application
*Show rental units to prospective tenants
As you can see, a non-licensed, non-resident manager is limited to performing rather routine tasks that don’t call for initiative or decision making.For instance, this manager would not be qualified to negotiate a lease (4), deal with late rents or other violations of the rental agreement or lease (5), or appear in court on your behalf (6).
(1) My property manager does NOT live on any of the owners properties.
(2) My property manager is unlicensed.
(3) My property manager supervises 10 different properties.
(4) My property manager has negotiated leases for 12 years without a license.
(5) My property manager has dealt with late rents and violations.
(6) Unknown