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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35769
Experience:  16 years real estate, Realtor. Landlord 26 years
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We live in Oregon and own rental homes in Fernley, NV.

Customer Question

we live in Oregon and own rental homes in Fernley, NV. Recently hireD on the phone LL PROPERTY MANAGEMENT IN FERNLEY. NO CONTRACT, NO EXPLANATIONS ON HOW THEIR BUSINESS WAS CONDUCTED. THEY HAVE CONTRACTORS THEY WORK WITH, GAVE ME 2 ESTIMATES, I PICKED ONE. THEY WERE SUPPOSED TO GET PICTURES OF THE PROPERTY WHEN CLEANING UP INTERIOR AND OUTDOOR WAS FINISHED. DID NOT HEAR FROM THEM OR GET SAID PICTURES. I CALLED THEM YESTERDAY THEY HAVE THE HOUSE RENTED, TO A LADY THAT PAID A YEAR IN ADVNCE. I WAS TOLD, THEY HAVE TO HOLD THAT MONEY, IN CASE 'THE HOUSE BECOMES UNHABITABLE" THEY WOULD NEED TO REFUND. ALSO TOLDME THEY PAY CONTRACTORS OUT OF THE FIRST MONTHS' RENT, CONTRATORS OK WITH INSTALLMENTS. AND THEY DISPERCE RENTS LESS THEIR FEE OF 10%. ON THE THIRD WEEK OF THE MONTH. THEIR FEE AND MY CONSENT TO HIRE THEIM, AND AUTHORISATION OF REPAIRS WERE ONLY DONE OVER THE PHONE. I WAS NEVER GIVEN ANY INDICATION HOW THEY HANDLE THEIR BUSINESS. NEVER SIGNED A CONTRACT WITH THEM. IT SEEMS TO ME THAT WOULD BE REQUIRED. WE WERE READY TO PAY CONTRACTERS UP FRONT, THEY DID TELL UUS YESTERDAY, WE COULD IF WE WANTED TO. WHAT DO YOU THINK AND RECCOMMEND WE DO.
IS THIS HOW ALL MANAGEMENT FIRMS DO BUSINESS?
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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I don't like it....period. If the management company is telling you how they are going to handle your property, that is a reversal of the roles here. They work for you, not the other way around. And I wouldn't feel very confident in letting them keep a year of prepaid rent because management companies have a way of disappearing with tenant money and then leave the landlord holding the bag to be sued.

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Holding the money in case the house becomes uninhabitable is a ridiculous excuse for them to use to hang onto your money.. If something like that happens, you get sued, not the property management company. So if they want to deduct their fee and refund you the rest up front, fine. But it sends up red flags for me if they want to keep all the money and dole it out a little at a time to you, the owner. They may be using the funds for improper things and then just assuming that more money will come in to pay you each month...

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With that said, I think I would fire them and find a property management company that was a little more concerned about working for you rather than dictating terms.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister