Problems with My “Property Manager”

[admin]

Hey guys I am having a strange in issue with the Property Manger of the house I am renting. Before I get into the specifics, I have these questions.

1. What is typical commission for a property manager in San Diego (i.e. 10 or 15% of rent?).

2. What type of commission or fee would a listing agent receive for listing a rental property on MLS?

3. Would you consider it a conflict of interest for a real estate agent who lists the property (and receives commission in #2) to also act as the property manager? Conflict of interest would be that the agent would want turnover assuming they get fees for #2 while property owner is interested in minimal turnover (i.e. stable rent check).

Basically just trying to get some simple maintenance issues taken care of and in the process she turned bat shit crazy on me.

I’ve been renting this house for 7 years in which time I have direct deposited the rent check into her account on time without hiccup. Basically I am a perfect tenant in theory.

Anyway, she doesn’t really perform as a property manager because she rarely comes to the property or follows up on maintenance work even though she literally lives down the street. Basically the only thing she does is cash my rent check. But lately when I’ve complained about the repairs not getting done (some of which have lingered for years) she is starting to insult me and tell me I should move somewhere else.

So what do you think is going on here? Is this lady just a crazy old bitch or does she have ulterior motives to get new tenant for her own interests? Given the super tight real estate and rental market right now I am thinking may be some combination of both.

Any opinions or advice would be appreciated.

[FlyerInHi]

Look up the property records and contact the owner directly. You have be right to do so. If you can’t get a phone number, write to the owner.

I’ve had a situation where the property manager of the unit above mine wasn’t properly addressing a leak.

[HLS]

It’s all by negotiation.
Is property manager a licensed real estate agent ?
(They do not have to be a Realtor)

Getting 5%-10% of the monthly rent to manage.
Screening/finding a new tenant could be anywhere from a flat fee to 50%-100% of one month’s rent for signing a 12 month lease.
it’s all negotiable. Not a conflict for agent who lists to also be the PM.
Many rentals don’t get listed in MLS.

Do you have a lease OR are you month to month ?
Does your rental agreement address maintenance issues ?

Tenants in CA have a lot of rights. Many property owners or their agents do not know the laws.

Cosmetic issues/wear & tear may not need to be addressed.
**Safety concerns, code violations & habitability issues do. Tenant is also entitled to appliances that work and ‘quiet enjoyment’
What kind of work are you asking to be done ?

Whether you mail your rent check, direct deposit it OR pay in cash makes no difference.

For certain repairs you may be allowed to have the work done and deduct it from your rent payment if they refuse.

CALIFORNIA LAWS:
http://www.dca.ca.gov/publications/landlordbook/index.shtml

[HLS]

This SPECIFICALLY tells you how to deal with repairs
under CA law:
http://www.dca.ca.gov/publications/landlordbook/repairs.shtml

[Anonymous]

[quote=FlyerInHi]Look up the property records and contact the owner directly. You have be right to do so. If you can’t get a phone number, write to the owner.

I’ve had a situation where the property manager of the unit above mine wasn’t properly addressing a leak.[/quote]

Yes I have contact information for the owner and he is ccd on many of the emails I deal with the PM but he is not interested dealing with anything directly. That is why this is frustrating. The property manager is incompetent and becoming borderline hostile.

[Anonymous]

[quote=HLS]This SPECIFICALLY tells you how to deal with repairs
under CA law:
http://www.dca.ca.gov/publications/landlordbook/repairs.shtml%5B/quote%5D

Thanks HLS. The work to be done is fix some paint/drywall in a couple areas where there was leaking and they just completed tiling the master bathroom (used to have carpet that was getting wet/moldy from shower). All in all, simple routine work.

What I don’t understand is why the PM (A licensed real estate agent) wants me out of here. My point on rent is I have paid rent on time, in full 100% of the time for 7 years. From the perspective of the owner, I am an ideal tenant, provide consistent income with out worry.

So on the surface it just appears the PM is incompetent and unable to perform duties of a PM and taking out her frustrations on me. But also wondering if she has ulterior motives to get higher turnover on the unit, particularly since rental availability is tight now.

[spdrun]

She either doesn’t like you for some reason, is incompetent, or has a contract with the owner that lends itself to churning tenants.

If you wanted to hit back, you should have reported the mold to the city inspector’s office as a health hazard. Paint/drywall? Unless lead paint is peeling, it’s a rental. Either touch it up yourself or just forget about it. It’s a rental.

[HLS]

Some landlords prefer a tenant who is always late and pays late charges 😉
You are an ideal tenant only in your eyes….

Do you have a lease OR month to month ?

You have rights. Contact the Consumer Affairs bureau.
I wouldn’t bother involving the owner. The PM represents them for a reason.

Is it worth it to you to have the work done at your expense?
Do you have any attorney friends who could write PM a letter ?
You could file a complaint with the Bureau of Real Estate
http://dre.ca.gov/Consumers/FileComplaint.html

A rental agreement is a contract.
You have legal remedies but
If the PM is an idiot you have limited options trying to
deal with them. Take it to the next level.

PS: You could win the battle but lose the war.

[Coronita]

[quote=HLS]Some landlords prefer a tenant who is always late and pays late charges 😉
You are an ideal tenant only in your eyes….

Do you have a lease OR month to month ?

You have rights. Contact the Consumer Affairs bureau.
I wouldn’t bother involving the owner. The PM represents them for a reason.

Is it worth it to you to have the work done at your expense?
Do you have any attorney friends who could write PM a letter ?
You could file a complaint with the Bureau of Real Estate
http://dre.ca.gov/Consumers/FileComplaint.html

A rental agreement is a contract.
You have legal remedies but
If the PM is an idiot you have limited options trying to
deal with them. Take it to the next level.

PS: You could win the battle but lose the war.[/quote]

I thought the legality of late fees in CA was challenged a few times…

http://www.caltenantlaw.com/LateFees.htm

[FlyerInHi]

[quote=deadzone]
So on the surface it just appears the PM is incompetent and unable to perform duties of a PM and taking out her frustrations on me. But also wondering if she has ulterior motives to get higher turnover on the unit, particularly since rental availability is tight now.[/quote]

I don’t think the pm wants you out.
She’s likely not getting paid to deal with small stuff so she doesn’t bother. And the landlord hides behind the pm. Not a good situation

Read the laws. Write letters, provide notice and then withhold rent if you wish. But that might cause your lease not to be renewed. Depends what your objectives are.

[Anonymous]

[quote=HLS]Some landlords prefer a tenant who is always late and pays late charges 😉
You are an ideal tenant only in your eyes….

Do you have a lease OR month to month ?

You have rights. Contact the Consumer Affairs bureau.
I wouldn’t bother involving the owner. The PM represents them for a reason.

Is it worth it to you to have the work done at your expense?
Do you have any attorney friends who could write PM a letter ?
You could file a complaint with the Bureau of Real Estate
http://dre.ca.gov/Consumers/FileComplaint.html

A rental agreement is a contract.
You have legal remedies but
If the PM is an idiot you have limited options trying to
deal with them. Take it to the next level.

PS: You could win the battle but lose the war.[/quote]

Lease is month to month. What is frustrating is the pm saying crazy stuff including telling me to move. But I have no idea what are the owners feelings. The pm is is clearly a senile old bitch. But if the owner cannot see this for himself, perhaps he too is a senile old fool.

My objective is to stay in the unit, not move. So I’m thinking my best option is to try to ignore her and coordinate maintenance activities myself. If it were just painting I would let it go, but the current issues are water damaged drywall from leaks, rain, etc. That should be dealt with by a professional.

[spdrun]

Report the home to the building inspector as having toxic mold….

[Anonymous]

[quote=spdrun]Report the home to the building inspector as having toxic mold….[/quote]

The bigger issue is that the process of going through this lady to report problems and get anything done is worse than getting a root canal.

It would be much easier if I could just bypass her completely and coordinate the work myself.

[spdrun]

No. I mean sic the city on them and watch the fur fly.

[Coronita]

Just move

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