All Forum Posts by: Hira Y.

Tenant stopped paying rent before 2 months of the lease expiring, property manager filed for eviction process but tenant vacated the property before sheriff served the notice. Property manager (PM) 's lawyer continued the case to get the unpaid rent from the tenant.

PMA between landlord and property manager(PM) has also expired so landlord got the property back , but when landlord requested to settle the account and the deposit( there is one month deposit from landlord also), PM refuses since the lawsuit is going on with the tenant, Additionally PM is still charging the monthly property management fees from landlord even though landlord is managing the property.

Landlord is done dealing with PM and requested the PM to withdraw the lawsuit against the tenant ( landlord is aware that he will loose 2 months rent), PM came back saying they cannot withdraw the lawsuit since that will violate fair housing law.

QUESTION:

Does withdrawing unpaid rent case against the tenant violate fair housing law ? if not how can landlord withdraw the case or make PM withdraw the case ?

Can i sue the PM for the landlord deposit in the small claim court ?

Thank you,

H

Thank you Theresa Harris for your input

Thank you Michael Smythe

Thank you Russell Brazil

Thank you Chris Seveney

Hi,

Thank you Michael Smythe for your reply, please find my answer below,

1) Tenant A terminated lease early.

Yes

2) The lease states tenant must pay Early Termination Fee or cover costs associated with finding a replacement tenant.

cover costs associated with replacement tenant, rent and maintenance. but tenant lease states that tenant A should pay all these fees while giving termination notice.

3) PMC found a new Tenant B

yes

4) PMC liquidated security deposit of Tenant A to cover cost of replacement Tenant B

yes

5) Security deposit of Tenant A did NOT cover costs for getting replacement Tenant B

yes.

PMC is not providing financial information breakdown of deposit and expenses, stating it is between PMC and tenant.

Thank you,

Hi

Hi,

Thank you Chris Seveney for your reply , please find my answer below,

1. So tenant A broke the lease and a new tenant, tenant B moved in and the property was vacant for 20 days.

Ans: Yes  Tenant A broke the lease and Tenant B moved in , property was vacant for 20 days between Tenant A and Tenant B

2. The tenant did not pay for those 20 days.

Ans: No , Tenant A did not pay for 20 days.

3. The PM is charging you to lease up the unit for tenant B.

Ans: Yes , PM is charging landlord for new leasing fees, advertisement and re-keying etc, but in tenant agreement lease , it says Tenant should pay all theses fees while giving the early termination notice.

4. There is no security deposit from tenant A

Ans: There was a security deposit, but already spend on other expenses which PM is not sharing the breakdown information.

5. Statement shows money (amounts would be helpful for what was left vs what they charged you).

Ans: Yes ,transaction is in the statement no clarification on what was left from PM side.

6. You asked the PM about this $ and they are not responding.

Ans: PM says ,information about transaction related to security deposit and expenses cant be share because it is between PM and tenant

What does your contract say, who is allowed to keep security deposits them or you? I assume you.

Ans :PM keep the deposit in escrow account.

Thanks

Hi

My previous tenant break the lease and there was break for 20 days between  tenants. When I got the statement , rent is missing for those 20 days and property manager is charging the landlord for new leasing fees, advertisement and re-keying and the reason PM is giving is there is no fund left in the security deposit, so PM is charging the landlord. 

In the tenant agreement , during early termination PM is suppose to collect those fees(new leasing fees, advertisement and re-keying etc) when the tenant give the notice.

In the statement there is $$$ amount for security deposit transfer , and when inquire about that part PM comes back saying that this is between PM and tenant and they cant tell anything .

Can the PM withhold information about financial transactions with the tenant that include rent and security deposit from the landlord and deny rent without explanation ?

Please advise what is my best course of action?

Thank you,

Yes , I am landlord contract with PM for rental . 

Yes , this is in VA, property is under contract with PM for rental and there is no agreement that PM can hold the rent or security deposit during a dispute or investigation .Only thing mentioned is go arbitration route if there is any dispute.