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WALLSTREETFIGHTER
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16407
Experience:  14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
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Can I fire my Property Management Co. that I hired about a

Customer Question

Can I fire my Property Management Co. that I hired about a month ago on Apr. 2 for not doing the kind of property management I expect of them? I noticed the agreement ties us up with this lousy company for one year! I didn't know that, the lady that did the presentation to me and my husband didn't mention to us about it at all, she just asked us to sign here and there, initial here and there, after doing a verbal presentation. Believing that the company was legit, we signed and initialed everything she asked us to sign and initial. after almost one month, she emailed me telling me she and her husband are leaving for Ohio, leaving her responsibilities in the company to another property manager. In the meantime, my vacant unit has remained vacant as if nobody really cared about managing our fourplex and guesthouse. Before continuing to lose more money in our rental business, I must fire now this property management company, despite the one-year agreement my husband and I were asked to sign. Please give me your kind advice on this, will you? Thanks a million in advance ! xxxxxxxxx

Submitted: 1 year ago.
Category: Legal
Expert:  WALLSTREETFIGHTER replied 1 year ago.

WALLSTREETLAW :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETLAW :

This is a common situation,

WALLSTREETLAW :

you would be able to break the contract and it may be your only option, in terms of contract law, if one party breaks the contract, by nor performing you can sue them for a breach of contract,

WALLSTREETLAW :

and an argument you would make is that they did not perform their part of the contract therefore it is void.

WALLSTREETLAW :

You could also sue them now for damages and expenses you have incurred by their lack of performance as well.

WALLSTREETLAW :

If you wish, you should consider having an attorney send a letter threatening legal action if they do not pay you for the expenses you have incurred due to their lack of performance of the contract,

WALLSTREETLAW :

and suggest to them you will settle the matter if they break the contract.

WALLSTREETLAW :

If you fire them, and they do try to sue you based on the remaining contract terms, you could counterclaim with a suit for expenses and lack of performance.

WALLSTREETLAW :

If you have any further questions please do not hesitate to ask.

WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
WALLSTREETFIGHTER and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.
The property manager that signed us up took all the keys for our rental units and copies of the rental agreements with our present tenants. How should I ask the guy replacing her in this property management company to return them to me without worrying about the safety of everybody in our building, in case they make duplicate copies of the keys for future retaliation against us?
Expert:  WALLSTREETFIGHTER replied 1 year ago.
The best way is to have a letter sent to them asking for the keys, and then changing the locks. If they actually do attempt to enter the properties or use the locks, that would be a criminal offense.

You can threaten them now with criminal action if they do use these keys without your permission.
WALLSTREETFIGHTER, Attorney
Category: Legal
Satisfied Customers: 16407
Experience: 14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney
WALLSTREETFIGHTER and 11 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Our tenants want to pay their rents due May 1st to me and not to the property mgmt. co. Is that okay? They told me they don't feel comfortable sending their money to that company at all!

Expert:  WALLSTREETFIGHTER replied 1 year ago.
You should notify the property management company that they are terminated, and you should collect the rent from the tenants, that is fine, but make sure the management knows they are terminated.

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WALLSTREETFIGHTER
WALLSTREETFIGHTER
Attorney
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14 years experience in representing clients, current member of legalshield, legal club of america, NYSUT and UFT attorney