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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55608
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We have a contact with a rental property management company.

Customer Question

Hello, my name is***** have a contact with a rental property management company. they have not paid us for 4 months and are in breach o the contract in my opinion. There is a 120 day cancellation clause, is this enforceable if they have not performed? Thansk
JA: Where is the property located?
Customer: Kissimmee Florida
JA: Has any paperwork been filed?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Richard replied 10 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 10 months ago.

Hi Mark. You don't have to wait 120 days if the property management is in default. A 120-Day cancellation clause would only be enforceable by the management company were they in compliance with the agreement. But, if they are in default, then you have the right to terminate them for cause immediately. They don't get to benefit from a cancellation clause when they are the party in default.