The realtors association and a real estate attorney confirmed that a property manager has agency with the landlord and is working for the landlord. It wouldn't make sense that you lose rights that you would normally have managing a property yourself, just because you hired a property manager. Landlords are liable for whomever is in their property and PM are agents thus require the same fiduciary relationship as in any other real estate transaction. This is what they provided:
My client/landlord is demanding I provide copies of the rental application to him/her. Can I do that or is this information confidential? A2. Let’s break this answer down to extract best practices: First - Look at the Contract! What does your lease agreement say, if anything? If it’s addressed, defer to that. If it’s not, see the second point made here which is…. Second - Set Client Expectations from the Get Go! What’s the client’s expectations? If the property management agreement doesn’t address it, ask your client their expectations and memorialize that in the agreement. Include as part of this discussion how the agent actually protects the landlord by ensuring the application process adheres to Fair Housing standards. Third - Refer and Defer to Brokerage Policy! Refer to your brokerage/broker’s policies and defer to those.
Fourth - What does the law say? NRS 645.252 and 645.254 creates
confidentiality between the agent and the client - that would be the landlord. That
duty of confidentiality needs to be counterbalanced with NRS 645.252(2) which
requires care and skill to ALL parties, which would include the tenant. The rental
application inherently contains personal information subject to NRS 603A: NRS:
CHAPTER 603A - SECURITY AND PRIVACY OF PERSONAL
INFORMATION (state.nv.us). Ask the client/landlord, what’s the purpose of the
request? Is it to file a lawsuit? OK - what information is necessary to do so
(parties legal name, address, etc.) and consider providing just the necessary
information.
The relationship between a real estate agent and a client is called a fiduciary relationship. Fiduciary means faithful servant, and an agent is a fiduciary of the client. In real estate, a broker or a salesperson can be the agent of a seller or a buyer.
Here’s a list of the fiduciary duties that an agent owes her client:
- Accounting: The agent must account for all funds entrusted to her and not commingle (combine) client/customer funds with her personal and/or business funds.
- Care: The agent must use all of her skills to the best of her ability on behalf of the client.
- Confidentiality: The agent must keep confidential any information given to her by her client, especially information that may be damaging to the client in a negotiation.
- Disclosure: The agent must disclose to the client any information she receives that may benefit the client’s position in a negotiation.
- Loyalty: The agent owes undivided loyalty to the client and puts the client’s interests above her own.
- Obedience: The agent must obey all lawful orders that the client gives her.
