All Forum Posts by: Sally Alcala

Thanks for all the feedback. My new property manager (PM) is now involved, and I’m hopeful this will be resolved soon.

Over the past year, I've encountered numerous issues with this company. Before that, I was generally happy with their service. They’re a large PM company, operating in about half of the U.S. states, but lately, the local turnover has become a real problem. They've replaced accounting staff and managers several times. One of the former managers even stole tenants' money order rent payments, rented to friends and family who didn’t meet the minimum requirements, and managed some owners' properties on the side without authorization.

I’ve tried to be patient, waiting for them to get things back on track, but the situation has only worsened. The supervisor they assigned to this branch frequently cites non-existent laws, delays owner payments, and the list goes on. Given their size, I’m sure the broker of record has little oversight over the staff. After digging into state requirements, I’m starting to think some of their practices may not even comply with Department of Real Estate laws. At this point, I’m eager to cut ties with them completely.

I did interview several other PMs before choosing a new one. Interestingly, they weren’t the only ones who don’t hold deposits. For me, it’s not a big deal. I’ve always held deposits for my other properties. To clarify for anyone curious, in California, PMs must keep a separate account for deposits, but owners aren’t required to do so. I confirmed this with the DRE and CAR, and it seems the rules haven’t changed.

After way too much frustration, I decided to switch property managers, but the process has been a nightmare. The old property management company said they needed 45 days to close out my account. They did send me the final rental payments early, but they’re still holding onto the tenant deposits.

Two weeks ago, I asked when and how they would send me the deposits. They said they would "look into it." I followed up six days ago since I hadn't heard anything, and this time I got no response. Today, I emailed and called again. They reminded me that they have 45 days to wrap things up (there are 5 days left now) and mentioned they’re "looking into the legalities" of giving me the deposits. Apparently, they think they might have to return the deposits directly to the tenants, which makes no sense to me. The tenants are still under lease, so why would they get their deposits back?

They also said they might have to send the deposits to my new property manager. Again, this doesn’t make sense because my new manager has already said they want me to hold onto the deposits.

On top of that, they’re now claiming that I legally need to open a separate account to hold the deposits. I've never heard of any such legal requirement, and at this point, I feel like they’re making things up. This whole situation just confirms how bad this company is, and I can't wait to be done with them.

Here’s my question: What should I do if they miss the 45-day deadline? I’m thinking about consulting a lawyer to get a letter sent, as it feels like they’re inventing laws. Also, are there any legal requirements that they must return the deposits to the tenants during the lease? They’re arguing that the deposits belong to the tenants, but I’ve always understood that the deposits are mine until the tenants move out and the unit is inspected.

Any advice would be much appreciated. I’m beyond frustrated at this point.