Recently, I had several clients end their Property Management Relationship with a company. There were many reasons but failing to communicate with them and very poor books and records seemed to be the key factors.
When my clients have these issues even after close of escrow, I try to step in to help.
I wanted to be sure that no one feels that they are a prisoner of the Property Manager.
In this case when transitioning there are items that not only you need to be sure that you obtain, but many Property Managers make the transition as hard as possible. They should not do this as this is a small world and breaking ties is not always the wisest thing to do.
Here is a list of items that are yours to obtain:
- Copies of the leases with any addenda and or extensions
- Copies of the Tenant Applications (all people that live in the unit that are over 18)
- Copies of the Move-In Move -Out sheets
- Payments made to any referrals
- Tenant Ledgers
- Security Deposit disbursements
- OF COURSE a check for you existing Security Deposits
- Tenant Full information including cell phones and email addresses
- Keys
- The Property Manager has 30 days to for your final disbursement of funds (not including security deposits)
What you are not at any time entitled to:
- CREDIT REPORTS-at no time unless you have written authorization from the tenant can you even see the credit report-this is a federal violation of the Fair Credit Reporting Act
What many do not realize is that many of the above items are required for the Property Manager to have in their possession and this is UNDER ARS Statute required to be given to the owner when the contract is at an end.
I have been working with several clients/owners to obtain these from this property manager and have heard every excuse including statements in an email falsehood. What a world we live in.
If anyone wants to discuss this further please see the link at the top of the website to make a time to visit.
I have also included the Statute here for you to read and certainly quote if you are having issues. I actually checked with the attorney to be sure and he sent me this:
The statute is ARS § 33-1321. The portion regarding move-in checklists may be found at subsection C, which states:
“C. On move-in, a landlord shall furnish the tenant with a signed copy of the lease, a move-in form for specifying any existing damages to the dwelling unit and written notification to the tenant that the tenant may be present at the move-out inspection. On request by the tenant, the landlord shall notify the tenant when the landlord’s move-out inspection will occur. If the tenant is being evicted for a material and irreparable breach and the landlord has reasonable cause to fear violence or intimidation on the part of the tenant, the landlord has no obligation to conduct a joint move-out inspection with the tenant.”
Here is a link to the full statute-
https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/33/01321.htm
Hopefully, this lessens the confusion for you.
Call me I answer my phone 602-688-9279
Linda
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