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My property manager is using abusive words and I want to…

My property manager is...

My property manager is using abusive words and I want to cancel my contract with them. How do i do that without incurring problem, also they hold the security deposit of the tenant.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Washington

Lawyer's Assistant: Has anything been filed or reported?

I sent an email asking to cancel the contract and hand it over to me personally

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Nope - just want to ensure I am able to come out of the contract wiht the property manager without any problems

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Answered in 4 minutes by:
1/20/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 20,551
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Could you explain a little more?

Thank you for your cooperation.

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Customer reply replied 28 days ago
Hello Phillips, I basically found my own tenant but to avoid the hassle of managing the property, I hired a PM. Things were a little off from the start as they used to delay their payment of rent by 15-16 days after the month started and it was stated 48 hours in the contract. Additionally, a lot of the bills continued coming on my name and when asked for resolution they said they will talk to the city to get them transffered. After a while, I continued receiving the bills and hence contacted the tenant once to inform them that If they did not pay the bills soon then the city would cancel the water connection. This conversation of me with the tenant got them to be rude with me and mentioned that they will cancel the contract. I said, i did this out of good will and since the PMs were not responding in time, i contacted the tenant directly. Now fast forward 2 months, issues remain and Now when i contacted regarding bills contining to come in my name, they said it was my duty to change which they never mentioned until now. Also, they sent a mail in a very rude tone and when i called he used F* words and hanged the phone. I then asked that we cancel the contract and called them again for which he continued using the F* word and said somewhere in February they will cancel. I want to cancel right away as they are not doing anything but taking money for a bad service.

Thank you for the information.

Kindly give me a few minutes to review the information and prepare my response.

Thank you for your patience.

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Thank you for the information.

You do not have to put up with this. You can and should cancel the contract immediately for their breach of fiduciary duty and for not doing what they were hired to do and instead insult you for trying to mitigation your damages. You should also request that the Tenant's deposit be transferred to you.

You should hand-deliver the notice to them and of course retain a copy for your records.

If they try to sue you for early termination of contract, you should countersue for breach of fiduciary duty.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

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Customer reply replied 28 days ago
What kind of written notice should i provide and choice of words ? Also on what basis can they sue me and how can i ensure i am able to countersue... I dont want to spend so much money, is there a easy resolution. Thanks a million for your help. Can i send you the contract so that you can point of anything that I need to know before cancellation ?

Unfortunately, you cannot send me the contract to review because I cannot review contracts under this thread. The site however does offer contract review under premium service for additional fee. I do not participate in that program. However, if you want the service, you can request it and any interested Attorney would get back to you.

Kindly give me a few minutes to prepare the rest of my response to your questions.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 20,551
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Legal Specialists are ready to help you
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What kind of written notice should i provide and choice of words ?

Response 1: You need to follow the instructions given in your contract for providing a notice to provide simple notice that you are cancelling the contract effective immediately because of their breach of fiduciary duty and failure to perform services they were contracted for. Because I am not your Attorney and more importantly, because this side prohibits legal representation, I cannot tell you the specific words to use in your notice of termination of the contract.

Also on what basis can they sue me

Response 2: For early termination of the contract.

and how can i ensure i am able to countersue... I dont want to spend so much money, is there a easy resolution.

Response 3: When someone sues you, the law gives you the opportunity to countersue for any grievance you have against the person. In this case, you would countersue them for not doing their job as provided in the contract: "...delay their payment of rent by 15-16 days after the month started and it was stated 48 hours in the contract. Additionally, a lot of the bills continued coming on my name and when asked for resolution they said they will talk to the city to get them transffered."

As for easy resolution, unfortunately, there would be none if they decide not to accept the termination and sue you for early termination of the contract.

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Thank you for the positive rating.

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Customer reply replied 28 days ago
Thank you so much ! One last question - there is no mention of early termination in the contract. So would that work out in my favor. Also should i send the cancellation in an email as that is how i have been communicating. Also i signed the contract using docusign initially

Thank you so much ! One last question - there is no mention of early termination in the contract. So would that work out in my favor.

Response 1: Yes, it would if there is no penalty for early termination in the contract.

Also should i send the cancellation in an email as that is how i have been communicating. Also i signed the contract using docusign initially

Response 2: Check the contract very carefully on how to send the cancellation notice. Even if you did a docusign, where and how to give a notice of termination may be different. Look under Notices in your contract for the specific instructions.

Best wishes,

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Customer reply replied 25 days ago
Philip
I have one more question. My property management company is not responding to my emails to my request to termination of contract.Also they hold the DEPOSIT Cheque - How do I ensure they send it to me ? What if they don't provide that money to me ?I provided the rating to you earlier, but doing it for each of your response now. Thanks a lot.Thanks
Narayana Mukkala

I have one more question. My property management company is not responding to my emails to my request to termination of contract.

Response 1: As long as you have used the proper procedure to give the notice, you do not have to receive a response from them in order for the termination to be effective. You need to make sure however to send notice to your Tenant to send rents directly to you from now on.

Also they hold the DEPOSIT Cheque - How do I ensure they send it to me ? What if they don't provide that money to me ?

Response 2: You need to request for the deposit check to be turned over to you. If your request is ignored, then you would have to file lawsuit to force them to turn over the check to you. You should also ask the Court to order them to pay for your Court costs.

As for ratings, the site only allows one rating per thread. So, it does not matter how many answers I give in a thread, I only get one rating and paid once for the answers. So, you need to open a new thread for future questions to ensure that I am given credit for my efforts.

Thank you for your cooperation.

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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 20,551
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Experience: B.A.; M.B.A.; J.D.

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