All Forum Posts by: VAL A.

I'm out of state and hired a property management firm to lease my home.   I was told last week that I don't have any involvement in tenant selection.   I was told today the home was leased for one year and forms would be sent to me.

All I received was copy of the one year lease agreement and addendums.   Nothing at all about the renters?

 Am I entitled to get a copy of the completed Rental Application on persons they select so I have an idea who's in my home?  

Also,  I stipulated I would only accept lease of 1 year...nothing shorter or longer as I'm contemplating change in plans for the property after one year.   I find it odd that while the lease is for one year----within the lease agreement it states the renters "may cancel the lease agreement" for 1 1/2 months rent.    Who receives this amount if tenant breaks the lease under this provision?

Marcia, 

Thank you for your response.  I contacted an attorney in Albuq NM.   According to him a lease is worthless insofar as tenant being held to what it outlines.  He stated that the Albuquerque courts will simply rule that once the keys to the property are turned over to the owner the tenant has no further responsibility.   My tenant just walked away with about 10 days notice verbally he was leaving.  Owed 1 months rent and late fees as his last month living in property he bounced a check then claimed bank error.  In addition to this other expense rightfully charged to tenant for destruction of appliances.   

His lease was through April 30.  Property did not re-rent until Feb 15.

Did I just get an attorney that didn't want to bother with an $8,000 case or is it true that a legally binding 10 page contract can just be ignored in the courts?

Tenant moved out 11/1/17.  Owed back rent and lease was through 4/30/18.  Severe damage to property, destroyed appliances, etc.  Owes $8,000+  No forwarding add.  Final letter sent to tenant in Nov 2017 certified mail, returned as undeliverable.

I've looked for collections help online and there seems to be one major company Rent Recovery Service with a Glendale, CA address.   Apparently initial phase is they send out "collection letters, do skip tracing, AND report to tenant's credit.    If no results, you then switch over to phase where an attorney is brought in and your fee is 50% of collection.

I talked with person at Rent Recovery and he says I need a collection company that has an attorney in New Mexico.   I had contacted another online company several months back who was in Florida...pretty aggressive with his followups to me but I never followed through as I wasn't sure if it was the right way to go.   In their contract they indicate that they may have to refer to an attorney and of course that changes the picture.

Can someone please simplify this for me?   I did contact an attorney directly in Albuquerque last week.  Their office called and said he would be contacting me--haven't heard back.  

My questions:   

Is there a company I can safely hook up with who will be able to take it through to a reliable attorney in New Mexico?

I have a 10 page lease, states tenant will be responsible for legal fees in this event, do I add that amount to my actual loss of $8,000 or how does that get figured in with the attorney since you don't know going in how much will be collected.

If you go direct to attorney, do they also report to credit bureau?   

I think the credit bureau reporting is important.  The former tenant has a good job of over 8 years with a telecommunications company.

I'm just afraid to sign a contract with a collection company and then find out I've done the wrong thing and I'm tied up with them but they're not legitimate.     

Please offer any WARNINGS along with answers to questions.   Thank you all in advance.

Recommendations for reliable rental collection on broken lease and damages.

Property located Albuq NM.  Tenant left owing 5 month's on lease.   Gave 1 week notice.  No forwarding address.  Have only his email and place of employment.  Damage to property, furniture left inside, appliances trashed.  Owes over 7500.  

Would like suggestion for reliable collection company to place this collection with.   

The tenant was given the name and telephone number of the company and told he would be contacted to set up an appointment to see the pool.    Into week 3 the tenant attempted to make contact by calling the pool company.

Pool liner installed 2 years ago, Albuq NM.   Liner is tearing apart at bottom.   Contact made directly with owner of pool company--4 contacts since June 15--spoke with owner each time.   Promises he will call the tenant.   Tenant has also called him---No response.   Advice please.   I'm out of state.   This company was referred to me.  Today I investigate and see rating is F with BBB.   

What actions might anyone suggest?   

I own homes in another state.   I've leased them out for a number of years and always had the lessee responsible for full maintenance of the property as if they were the homeowner.   The exception to that is I've paid if the repair was what I considered "major"...ie broken water line underground, roof problems of any sort.   Lease reads:  Lessee will, at its sole expense, keep and maintain the Premises and appurtenances in good condition and repair during the term of this agreement.    

Current Tenant is stating that this clause is illegal in the state of New Mexico.   I have always charged less than market rent to tenants which I felt was a fair balance.   Tenant contacted me in early May re a/c issue--stopped.   I sent a/c co out...thorough check of system--$150 charge to me--unit frozen as apparently tenant keeping unit on and set at 68.     Tenant contacted me again late May--I sent out a/c co again--same issue--a/c co advises customer AGAIN can't run the unit like they are doing---tenant says he can set it at whatever temp he wants!     Now tenant again contacted me...a/c has stopped.   I referred him to his lease.  I had paid the prior $300 "in good faith".    

I feel my lease is completely legal---  Comments or thoughts or references to help please?

Some further background.  I handle the property for my daughter because I have been successful at it for years....have never had this kind of issue with a tenant....but the homes I own are in a different price bracket.   Hiring of this PM occurred because when the tenant became a problem I had just brought my sister, with terminal cancer, to my home to care for her.   The emotional and physical drain and the daily details necessary to  care for her caused me to reach out as fast as I could to find a person to step in for me.   I put him in charge of two properties.   He handled rentals for two other out of state people.   His resume to me looked good...and honestly I took a chance on him.   What he apparently does with his other rentals is collect the check made payable to him, take what he's owed for any fee plus work, materials etc and then send the balance to the owner.   That is just not I was comfortable doing.   My lease instructs the tenant to deposit directly to a bank account.   I pay the PM.   The first month he rented the house monies were deposited directly to my account--check from tenant.  Second month however, he went to the tenant and asked them to pay HIM and tenant wouldn't do it.  They contacted me.   I told him payment was NEVER to be paid to him from my tenants.    My sister passed 1/3.   I'm now dealing with her affairs and my grief.    I send a check to PM for $300 well over and above court fees to file for eviction.   That was in Feb and it's just now April I'm able to finally get a receipt for what he paid to the court.  Things settle down and money is obtained from the tenant and he's current without going to court.  In March my dau decides that due to snail mail delay of the PM check she will just set up online deposit to PM for his monthly fees.    She initiates that----and apparently the PM didn't follow thru with his end.   I never hear a word from him and I finally talk to him first part of April because yes the tenant is in jeopardy once again.   I ask if he got his PM money.  He said no.  I ask if he had contacted the bank?   He said no.   This was the first I knew that he hadn't claimed the money.  I guess the set up is Sure Pay thru Wells Fargo and first time out the recipient has to actually "confirm or acknowledge" they want to receive payment (not sure what they need to fill out on their part--probably provide bank account they want it to go to).   In any event what I ultimately found out this week is the email notifying him of money sent had a 3 week time frame or it ended.   He still doesn't understand apparently how this money can be received and is jumping up and down about us not paying him and told me he's not going to accept payment by "Western Union"!   He was to meet with the tenant a week ago Friday....I prepared  the Pay Rent or Quit papers along with an Addendum of what was due.    I also prepared a paper for the PM outlining exactly what was to occur and advising the PM that NOTHING on the Quit paper was to be altered.     I also again stated to my PM that payment was to be made out to me and deposited to my account.    I did this because---at the beginning of April tenant was again late....and the PM got a check from the tenant "made payable to him" stating he wanted to make sure it was good.   That check bounced.

PM met with tenant on Friday to have him make good on the check.  As I said, I made it clear payment was to be made to me--not to PM.   PM had tenant make out money order to him.   As it stands today....PM took the funds a week ago....states he's taking his fees out and will deposit the rest.     It took me 4 days of calling and emailing PM to even find out that money was collected last Friday.....and nothing has been deposited to my account.

I've talked with the delinquent tenant twice in the last two days.   I've advised him that no money is to be given to the PM who no longer has a position with me.   He is to deposit directly to my account as stated in his lease.    I will call the other tenant tomorrow.  

As of this morning I received another email from the PM.   He was pretty hot headed in this email telling me we're either going to do things his way or not.   He gave an accounting of what he was going to deduct from the money he got from my tenant.....I wrote back that he hadn't included any reference to the $300 I sent him in Feb and his final email gave me a partial credit but still hot headed reiterating as I said earlier "his way or not".  

I responded to him without going into any responses to any of his thinking.   Simply told him I'm ending the relationship as of this date.   Please deposit money due me in my account and send my keys to me.   There was no signed agreement ever.

What I suspect is he will either drag his feet ever making a deposit of my money or he will never deposit.   Nor do I expect to see any keys.  

I'm managing my daughter's condo in another state for her.   I hired someone thru a referral to oversee two properties at $200 per month.  Issue with the condo, tenant late for past 4 months and resulted in court papers being filed in Feb for eviction, Notice to Pay or Quit just served one week ago.  Tenant to bring all past due current by the 1st of May.

Issue is that the person I hired (not a formal property management company) has now collected money from the tenant as of last week...and had the tenant make the money order payable to "him" instead of my dau as the lease calls for.  A week has passed and the PM has not placed any money in my daus account.   He diverted these funds claiming he's owed money for work and charges in connection with court filing that I've never seen  receipts or proof of.   What is my legal recourse here?  He was only given authority to meet with the tenant, serve papers, and receive monies payable to my daughter----not to divert funds to himself.    

Court date 7/22/14.  Non payment of rent since June..hot check..etc.  Judgement in my favor $1800.    Judgement for Restitution states Writ will be issued on 8/1/14.  Judge gave the tenant until July 31 to move out and tenant told the judge "I already have a new place".  

Tenant had the nerve to call me today and ask if she could remain in the condo through Sunday.  I told her nope...at which point she called me a f.....ing ***** and hung up.  

I know I'm to get the Writ and file with the sheriffs office for them to meet me at the property and literally evict her but of course that's another 5 days I'm sure.  

MY QUESTION:  Am I able to legally go into the unit as of 8/1/14 and change the locks?