My name isXXXXX and am an co-owner of a farm in Hawaii. In 2008, my husband did a one page lease letter allowing the onsite manager to lease the farm for 10 years and also gave the onsite manager the authority to manage all tenant issues including but not limited to rental collections, rental agreements, maintenance, leasing. This authorization is effective so long as she remains on the farm.This on-site manager is also leasing a produce house for her business and pays her monthly rent to us and gets commission for management fee. During the earlier part of this year, I discovered the onsite manager neglected of maintaining the property, mingling tenants security deposit for personal use, bounced almost every monthly rent check that sent to me, pocketed tenants monthly rent before sending it to me, etc.... Therefore I designated a new interim on-site manager in June 2012 to manager the farm. For Hawaii law, is on-site manager consider an employment of contract? please advise. thank you.Julieanne PhanXXX-XXX-XXXX (phone)
Country relating to Question: United StatesState (if USA): California
Thank you for the post, I am happy to assist you by answering your questions. No, it is not considered an employment contract. It is considered an independent contractor arrangement similar to what would be the case if you hired a plumber or contractor to repair the property. Am I correct to assume that your contract with the property manager did not call for you to pay taxes and the manager exercised his/her own judgment on how to make repairs?
Please see this letter below from my husband to the onsite manager.
March 24, 2008
To whom it may concern:
From: Mr. Thien Phan (my husband)
Huntington Beach, Ca 92646
RE: Farm Lease Agreement
This notification is to inform Vicky Domingo that she is authorized to act as Property manager owner on my property. This authorizes her to manager and any and all tenant issues including but not limited to rental collections, rental agreements, maintenance, leasing, and agriculture burning. This authorization is effective so long as she remains on the farm.
Also, this is to notify that Vicky Domingo is authorized to continue to lease the farm for no less than 10 more years or until she feels she is unable to perform her duties.
If there are any questions please feel free to call me at XXX-XXX-XXXX.
Signed by Thien Phan
Based on this letter, the onsite manager has a 10 years lease. Does this letter also mean that she has 10 years as property manager ? I terminated her being property manager in June 2012. The onsite manager had already filed a lawsuit against me for wrongful terminate her on-site manager position. What rights do I have? Please advise. Thank you.
The letter is too vague to be enforceable. A literal reading grants a leasehold interest and property management rights no matter whether the person breaches the lease agreement or neglects to manage the property in a prudent manner. Based on your description, you had the right to terminate the property management arrangements based on breach of fiduciary duty, breach of the terms of the agreement, and general negligence.
Negotiate, Draft, and Review many complex commercial agreements each year.
Thank you for your prompt reply. The onsite manager was notified with a written letter from me regarding her termination of onsite management in June 2012. I also sent out notification to all tenants to send their rent directly to me in June 2012. Vicky Domingo was informed not yo collect any tenants rent. July & August 2012, Vicky Domingo deliberately collected rent from two tenants in cash of $1600. She then bought a money order for only $1200 and sent to me. Vicky also took all tenants security deposits and was asked to return them to me. Vicky responded to me that she does not have the money. What is your advise and my legal action on this? Thank you.
You should sue her for the money owed to you.
Thank you. I definitely will sue her for the money owed to me. Based on the lease agreement letter, if I were to sell the property later, will her remaining lease must continue with the new owner? Can the new owner start a new lease with her or the new owner is compel with the remaining lease term? It is important for me to know these facts before I can sell this property in the near future.
Not necessarily, if it is determined she breached the terms of the lease and you want to terminate as a result you are free to do so. However, if you do not terminate, then the lease runs with the property.
My husband signed a lease letter with the tenant for 10 years and she now has a remaining of 6 years left. My husband has been dealing with the tenant with all issues for the past 4 years. I recently decided to deal with the tenant for the remaining 6 years. The tenant completely refuses to deal with me and request that my husband must give the Power of Attorney to me before she can deal with me. She indicated that I own 50% only and cannot deal with me. I really don't understand since both my husband and I own the property, either one of us can deal with her. If that is the case, wouldn't the lease letter that my husband signed for the tenant require my power of attorney to my husband? What is your opinion on this? What rights do I have ?
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