All Forum Posts by: Kevin Epp

If this is consistent and/or the first couple months with them, highly recommend switching PMs. I won't double or triple-down on what folks have said above. Their advice is sound.

One thing of note: a lot of folks aks how to switch PMCs in the middle of a tenancy on these forums. It's never because they love their PMC (haha). The communication issues with your current PMC will make that transition harder, but it's well worth it. Especially if you select a good PMC.

Legal recourse: if you say you will report them to the state licensing for [name whatever grievance you can find], that's usually a big wake-up for PMs. Reason being: most states you cannot do PM without a license. If they suspend/lose their license, they're dead in the water. After thoroughly reading your contract, weigh that option.

I had something similar in a property.

Tenant thought there was mold in the ceiling. Didn't want it to be a health hazard.

Owner had the house checked out prior because they had the same concern actually. Didn't have any mold. Was previous water damage (looked ugly).

Tenant was adamant.

Gave tenant number to mold inspector. Mold inspector said there was nothing in the house beyond tolerable levels. Specifically at the spot in question too.

Recommendation:

1) Have them send pictures of the mold. Send this to an inspector near you, smaller company-type. They usually can tell you over the phone if this is an issue. (Once I had a tenant claim mold was in the oven, I went over there...was just residue from where my folks cleaned it).

2) Have tenants hire a professional. Comes up negative? Their expense. Comes up positive? Your expense. Why? You had it professionally cleaned prior and have remedied all obvious forms of mold. No previous tenants or current tenants complain of the mold issue or have any side effects of the mold. If/when it comes up within tolerable levels for humans, it's on them now.

3) If it comes up positive for dangerous mold: now you have a health hazard that would have gotten worse over time. Good. You can solve it earlier now.

Considerations:

I am not a lawyer. But reasonable accommodation is a thing in PM. If they have POTS Syndrome and want reasonable accommodation to ensure they are not affected (I don't know... is that even a thing?), then the cost is on them to outfit the property. I'm just riffing here and trying to think of all solutions or considerations to this.

@Amyson Varughese

I'm a property manager in Pierce and Thurston county.

If you're in Tacoma city limits you cannot evict during the school year if their kids attend, or if their work is affiliated to the school system.

I use Joshua Dabling for evictions. PM me and I'll pass his details.

I recommend only doing the notices yourself, everything else should be done by a professional.

You will have to re-do the notice you did incorrectly. It resets your timeline too.

Communication, Trust, and generate options.

Pick up the phone. Most of the issues that an owner needs answers for don't need to be done within 24hrs, but it makes them feel more comfortable when you pick up on the first ring or respond to email/texts in a few minutes.

Trust. Preemptively talking through issues that may arise (lowering rent, no payment for the month, big maintenance item, accounting error on your end) helps build that.

Bring options to the table and educate the owner. Not everyone is a professional investor or contractor background. Talk through the options the owner has to solve the problem and give them agency to pick the solution they want.

New property manager should be handling all this. At most, keeping you Cc'd on all coordinating emails and asking you for more information when required.

Sounds like you're spun up on the legal requirements for security deposits in your state (needs to be in their own trust account). If a PM does not do this, it's a red flag. Up to you if you're comfortable with it.

Deadlines are there for a reason. No need to hound them (unless, according to you, they have already betrayed trust on this). Once the deadline passes, start with the requisite escalation of legal/regulatory avenues to get them to comply.

Hopefully the next PMC is more professional. Best of luck.

Sounds like it's a live-in PM.

1) on these forums.

2) where you think this ideal PM would hang out in small town California. Bandit signs, door hangers, local folks.

3) on the Facebook groups where you think this ideal PM would follow and be part of.

4) asking other, current tenants if they would be up for the task. Vetting them, etc.

Check with your state as well as local laws. It sounds like you've done both.

Most important is the notification period prior to evicting them (30, 90, 120 days notice etc.)

I've attached a picture how we have to go about serving notices in WA state. This may be different in Arizona. Refer to my first blurb, check your state and local laws.

Lastly, I'm not in AZ, but triple check your laws regarding "for-cause" and "not-for-cause" evictions. Some states/cities legally require you to renew leases if they have not violated one of the "for-cause" eviction criteria (destruction of property, late/no payment, violation lease, etc.)

Reasonable accommodations.

If they request reasonable accommodations to be made to the property for their disability, you must allow them to change the property for their use. At their expense.

They then must return the property to it's original condition. At their expense.

"Reasonable" accommodations is a broad term. I would say (not a lawyer) a door jamb is one of them.

They never notified you or the landlord about their disability, or requested this accommodation. They just destroyed the property.

You're here for people's definitive opinions, not to put their palms up and say get a lawyer. So I'll say this:

Get a lawyer (lol) if you care a lot about this door jamb.

But...

My gut says, if you don't like the door jamb repair on their end, keep the security deposit money required to repair it to it's original condition. Not a new gucci door or door jamb. Be careful there. Original condition.

Reason I say that is they never requested the reasonable accommodation. If they did, different story.

You will need their bank account information to setup an auto-withdrawal.

Do not ever give your bank account information to the tenant, however.

Make sure you have this in writing, and that they consent to it.

I see you're in California. Los Angeles at that.

Make sure you comply with the local law. Triple check.

That's wild.

Would concur to tell tenants to cancel checks if they haven't been cashed yet.

Moving PMs: Don't quote me on legal ramifications of this, but if the contract with your PM has expired, triple check if you have to provide them fees/notice of cancelling the agreement. Maybe do it officially for good measure. Then move to a new PM.

Request security deposits and any other deposits (pet, last month rent, etc.) back from the PM. That is the tenants money.

Can't get hold of them? Start a public records inquiry at the local/county level. Find out where they are. If there are other implications beyond what you're saying here, and absolutely have to get in touch and/or get money (security deposits, etc.)...there's always private investigators.