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Just have to ramble

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mamarex 1
Are we done yet 5
Bama Girl 1
OnARoll 1

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Are we done yet --- 12 years ago -

This is going to be long.

We bought a property in Kansas in 2012 right after we closed we came down on orders. The property is a duplex. Well when we moved our renters also moved due to pcs also. So our duplex sat empty. .

July 1st is when both us and the renters moved. The renters side address 823 they fixed up that property and what not charged them like 500 something out of their deposit for carpets binds and whatever else and we were charged the normal wear and tear paint ECt. Which was another 8-1000 dollars. Ok whatever I understand it takes money to get a property ready to rent. That side got rented very end of August. So it sat empty for a month. Not bad. Because we owed money when ever the renters would pay we wouldn't get any money because they would hold it for themselves to pay what we owed, in November we finally started seeing renters money since we got them all paid off.

Our side 825 once again we moved out July 1st actually to be exact we moved out June 25th. We painted before we left, but didn't get time to finish. When we left all that needed to be painted was the trim in the hall way and trim in one of the bedrooms. And also one of the bathrooms walls and trim needed painted (which were all going to be 1 color gloss white) We left the paint and supplies in the garage so they could finish. We told he manager this when he did the walk though. Mid September we had not hear anything from managers rather they got that side ready to rent or not. I finally emailed the manager he goes ya it's almost ready to rent. Mid October i send another email asking again. Only to be told as of October 15th we got a new manager. New manager tells me she will go down and look at peroperty. She goes down comes back and says the property has been vacant. Our records indicate you were the last people to live there can you tell me when you moved out because our records don't show we are managing that side of the duplex only the 823 side. I came back with we handed the keys in on June 25th the day we left kansas blah blah blah. She straightens paperwork out ECt and tells us almost November that they will get the painting done and stuff so they get get it rent ready. Ok not problem. December hits and we get a bill for almost 2 grand with 900 dollars of it being for the paint. Wth?? How can you charge us 900 dollars for paint when 1 you didn't have much left and 2 we left the paint in the house to do it!!! So we went rounds with them and their maintenance crew/ paint crew. We did get them to drop that about 150 dollars.

Middle of January we get renters on the 825 side. Yay both sides are rented!! The 825 side likes to prepay. In January since they only had to pay like 6 or 800 for moving in mid month they also prepaid for February's rent. But the managers held onto that so that way we would get something every month. Not big deal as long as I know I'm stil getting my money. End of January we get a notice saying our renters are moving out of the 823 side at the end of February. They told the tenants that because they are breaking their lease and its not due to pcs they would be forfeiting their deposit and also in addition pay for any fix up costs to get t it rent ready again. Renters agreed.

February our 825 prepaid again for march. This time they didn't hold the prepay they paid it to us and didn't tell us. When the march statement comes out it says 1215 forfeited depsoit 1215 rent which adds up to 2430. But then it said minus 1215. They subtracted 1215 because they paid us march rent in February since they prepaid. So tell me why you would hold the prepay one time give us the prepay another? It doesn't make since, so we were only going to get the depsoit forfeited but we didn't.

The renters that moved out they did the fix ups and our monthly a managment plus fix ups and whatever else came to almost 1270 dollars. Ok so if all we are getting is the deposit then but we owe you 1270 then we would be in the hole almost 50 dollars. But for some reason for the month of march we got 150 dollars for rental income from managers. Not sure why what ever.

So I emailed them and I said what happened to making the tenants pay for fix up costs. They told me that they took it out of the deposit forfeited till the previous tenants pay. They sent them a notice and they have 30 days to pay it.

Basically we are tired every time someone moves out we get slammed with a 1000-2000 dollar bill. So we are fed up. i know fix up costs but dang!! Not to mention the management company has horrible review and they cant even get people in their own property because no one wants to rent fron them. We are looking into a new manager and found one we like but only issue is our current manager says because their are tenants in the one side we have to pay them the remainder of the 10% that they would make off the property for the remainder of the tenants contract so from April- December which is 1093 dollars. We were Iike crap we are screwed.

We got to looking over the contract that we have with them. It's not a binding contract.
#1 it says owner appoints agent to manage on owners behalf the property known as......... That blank is not filed in with the address they are managing

#2 says this property agreement shall be for 30 days after the closing of the sale beginning on December 28th 2011. Um we didn't start looking into buying the property till mid January of 2012 and didn't close until February 27th 2012. So dates are wrong.

And #3 most importantly they didn't sign the managment agreement. The only 2 signatures on that management agreement are my husbands.

So before husband takes action he has an appointment with legal to get advice on if he has the right to demand them to give up management since they didn't do the above things I listed.

My husband said if we bring up these points to them and they don't give up the keys to new managers willingly then my husband will take leave take spaceA back to states and take them to court. Then after he wins he will also try to fight them to pay our travel expense, and possibly even see if they can make their company pay back the 10% for all the months that they managed since there was no binding contract!! So they would be better off just giving up the keys! 

OnARoll --- 12 years ago -

that sounds like a huge headache- and why we don't buy yet. 

Bama Girl --- 12 years ago -

Renting your property is a pain. When we pcsd here we rented our house out and the tenant moved out about a year later and had done $1500.00 worth of damage to the house. JAG will not help with real estate issues. They will give your husband the name to attorneys that deal with real estate law in the state the house is located in. They do this because each state has different real estate laws. I know this because I went to JAG about our property issues and that was all they did. 

Are we done yet --- 12 years ago -

But they should be able to tell us what makes a legal binding contract. Of they say it has to be signed by both parties ECt then we will take further action with them. We are not asking them to help us get out of ur managment contract. We just want know its a legal contract since they never signed it. 

mamarex --- 12 years ago -

check if they have a contract that is signed. 

Are we done yet --- 12 years ago -

 

Are we done yet --- 12 years ago -

The contract is not signed by managers. That's why we are checking into see if its a legal binding or not sense its not signed before we take further action. You would think something like that would have to be signed by both parties
For it to be legal 

Are we done yet --- 12 years ago -

My husband is wiling to make a civil agreement with them. If they give up the keys to the 1 half of the duplex (ones with no renters) we are willing to let them manage the other side till the end of that tenants lease. The person that can answer that was out of the office on Monday (had been on leave for 10 days) We called back on Tuesday and the lady goes we haven't found out your answer yet she has been on leave and she is really busy today since its her 1st day back. He is like ok i'll call back tomorrow but I got a question.

He asked the girl he talked to (our accountant for the house) What the date under the terms means? She goes that's the date we started managing your house the day you closed. He goes I didn't close on dec 28th 2011 i didn't close till very end of feb or 2012. She goes uh well um. ya well that's when you started the process of buying your house. HE goes no it wasn't i never started burying till mid january.(which doesnt matter you cant start managing someones house before they own it) and she goes um ya well that's our previous manager that did that he no longer works with us. She was stuttering bad. So they are probably getting worried because they now know we are digging into the contract a little further. 

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