What is the name of your state? RI
After failing to find a suitable tenant for my rental property I hired a rental mgmt co to simply find and screen potential tenants for me. Prior to finding a tenant they informed me of some items they thought needed repair to make the units more appealing. I completed all days before the lease signing,except for a hole in one of the closets wall (fallen plaster from a roof leak). I didnt get it done because the mgmt co has a construction dept which completed the other repairs for me but wanted to overcharge me about $240 to cover a 2.5X3.5 area hole in a closet which is hardly visible due to its location on the corner of a slanted wall. I did tell them(const co) that I would take care of it soon through someone else. They also promised me photos of the repairs done and I have yet to see anything.
At the signing of the lease with the new tenant she refused arguing to the mgmt co that the unit had too many items (wanted new vinyl windows, new door lock/keys, new doors, new knobs,etc) and also feared that her 2yr old child would eat the debris which was left on the closet floor. THey apologized and stated that the tenant was playing games with them too because she had changed her mind 4 times in 3 wks (they never informed me of this before) and that it appeared she wanted to go live with her stepfathers house for less money. They also claimed that they never promise the applicants that any repairs will be done but rather inform the owner/landlord about items and is up to the owner to complete the repairs.
I was upset since I wasnt aware that this issue would be a deal breaker since
I completed all repairs they sent me via email except for the closet. tHey said they could talk to the applicant and suggest to her to allow me some time days to complete the necessary repairs that may make the unit unsafe. I changed my mind and called back advising them that I was no longer interested in the applicant. THey insisted and I later agreed with taking the tenant under the condition that the tenant would move in and allow me time to do any necessary repairs.
She signed on 5/2 and on 5/3 when she appeared to move in the tenant again calls me and the mgmt co arguing she was lied to about the unit's condition and didnt want it. Her husband (she was aledgedly a single mother)calls me to argue about how the mgmt co only wants to get paid and his wife was lied to and that the mgmt co went to her current house to sign the lease and she never saw the apt prior to signing. They were also promised all repairs were done. I informed them that they needed to resolve the issue with the mgmt co. THe owner of the mgmt co calls me after realizing the tenant was going to sue and file complaints and insisted that I take care of any items that may be a health/health hazard. I agree as long as I had a 30 days period of time to complete these repairs deemed necessary or making the unit untennantable. He added that he had scheduled an appt with the tenant to do a walkthrough the apt again to find what was deemed necessary repairs according to code. I told him to fax/email me the list for me to review.
To my horror what I received instead is a signed agreement between the tenant and the mgmt co acting as my "agent"/on my behalf agreeing to over a dozen new petty/cosmetic repairs ranging from new knobs, clean window sills, new refrigerator grid,etc( nearly all were new items that were never brought up prior to the lease signing-except for the closet) and none appearing to be any type of hazard. they claim I needed to do the repairs to make the unit tenantable.THe agreement also stipulates that if the repairs are not completed in 30 days I would have to return their deposit of $800 which they (mgmt co)collected and still have but I used as a credit towards the repairs the const co did on the apt which totalled $720) so all thats due to me is $80, and they would keept the tenants 1st month rent $800 as their fee.
How can they do that if they're not my prop managers, the contract I signed clearly states they only screen/find . How can they act as my agent witihout my knowledge, consent and authorization???? Is this legal just because they found the tenant. I can understand how they can make a new contract after the lease signing to avoid returning the tenant anything.
I am sure they did this to cover themselves and not have to return any of the fees they collected.They know I cant possibly complete all those repairs in 30 days, they also know I am financially unable to do this repairs now (except for the closet) and dont feel they are warranted. surely its a good idea to get these items done for maintenance but are not required nor affect the quality of life of the tenant.
My other issue is I am selling the property too, so if I agree to anything with the tenants is the new landlord/owner required to honor any agreements prior to his ownership???? Or would the tenants be able to sue. I have agreed to give the new owner $17k in cash for repairs on the house which includes new windows and other items he wants since he intends to live there too. I havent inform anyone the tenants of anything yet because of fear that we dont close or anything happening which could prevent the sale to complete.
Last issue, I didnt sign the lease yet, they faxed it to me signed by the tenant however I was to sign it and return it back but havent as yet. Could I use this to void the lease/contract.??? WHat are my options /choices right now.??
THanks in advance for any advise you can provide!!!!What is the name of your state?
After failing to find a suitable tenant for my rental property I hired a rental mgmt co to simply find and screen potential tenants for me. Prior to finding a tenant they informed me of some items they thought needed repair to make the units more appealing. I completed all days before the lease signing,except for a hole in one of the closets wall (fallen plaster from a roof leak). I didnt get it done because the mgmt co has a construction dept which completed the other repairs for me but wanted to overcharge me about $240 to cover a 2.5X3.5 area hole in a closet which is hardly visible due to its location on the corner of a slanted wall. I did tell them(const co) that I would take care of it soon through someone else. They also promised me photos of the repairs done and I have yet to see anything.
At the signing of the lease with the new tenant she refused arguing to the mgmt co that the unit had too many items (wanted new vinyl windows, new door lock/keys, new doors, new knobs,etc) and also feared that her 2yr old child would eat the debris which was left on the closet floor. THey apologized and stated that the tenant was playing games with them too because she had changed her mind 4 times in 3 wks (they never informed me of this before) and that it appeared she wanted to go live with her stepfathers house for less money. They also claimed that they never promise the applicants that any repairs will be done but rather inform the owner/landlord about items and is up to the owner to complete the repairs.
I was upset since I wasnt aware that this issue would be a deal breaker since
I completed all repairs they sent me via email except for the closet. tHey said they could talk to the applicant and suggest to her to allow me some time days to complete the necessary repairs that may make the unit unsafe. I changed my mind and called back advising them that I was no longer interested in the applicant. THey insisted and I later agreed with taking the tenant under the condition that the tenant would move in and allow me time to do any necessary repairs.
She signed on 5/2 and on 5/3 when she appeared to move in the tenant again calls me and the mgmt co arguing she was lied to about the unit's condition and didnt want it. Her husband (she was aledgedly a single mother)calls me to argue about how the mgmt co only wants to get paid and his wife was lied to and that the mgmt co went to her current house to sign the lease and she never saw the apt prior to signing. They were also promised all repairs were done. I informed them that they needed to resolve the issue with the mgmt co. THe owner of the mgmt co calls me after realizing the tenant was going to sue and file complaints and insisted that I take care of any items that may be a health/health hazard. I agree as long as I had a 30 days period of time to complete these repairs deemed necessary or making the unit untennantable. He added that he had scheduled an appt with the tenant to do a walkthrough the apt again to find what was deemed necessary repairs according to code. I told him to fax/email me the list for me to review.
To my horror what I received instead is a signed agreement between the tenant and the mgmt co acting as my "agent"/on my behalf agreeing to over a dozen new petty/cosmetic repairs ranging from new knobs, clean window sills, new refrigerator grid,etc( nearly all were new items that were never brought up prior to the lease signing-except for the closet) and none appearing to be any type of hazard. they claim I needed to do the repairs to make the unit tenantable.THe agreement also stipulates that if the repairs are not completed in 30 days I would have to return their deposit of $800 which they (mgmt co)collected and still have but I used as a credit towards the repairs the const co did on the apt which totalled $720) so all thats due to me is $80, and they would keept the tenants 1st month rent $800 as their fee.
How can they do that if they're not my prop managers, the contract I signed clearly states they only screen/find . How can they act as my agent witihout my knowledge, consent and authorization???? Is this legal just because they found the tenant. I can understand how they can make a new contract after the lease signing to avoid returning the tenant anything.
I am sure they did this to cover themselves and not have to return any of the fees they collected.They know I cant possibly complete all those repairs in 30 days, they also know I am financially unable to do this repairs now (except for the closet) and dont feel they are warranted. surely its a good idea to get these items done for maintenance but are not required nor affect the quality of life of the tenant.
My other issue is I am selling the property too, so if I agree to anything with the tenants is the new landlord/owner required to honor any agreements prior to his ownership???? Or would the tenants be able to sue. I have agreed to give the new owner $17k in cash for repairs on the house which includes new windows and other items he wants since he intends to live there too. I havent inform anyone the tenants of anything yet because of fear that we dont close or anything happening which could prevent the sale to complete.
Last issue, I didnt sign the lease yet, they faxed it to me signed by the tenant however I was to sign it and return it back but havent as yet. Could I use this to void the lease/contract.??? WHat are my options /choices right now.??
THanks in advance for any advise you can provide!!!!What is the name of your state?
