MGMT issues: What are the consequences?
Hello everyone. Here is my lease/contract question. There are three parties: Prop mgmt. co., myself the owner, and my tenant.
1) I terminated the mgmt agreement with my prop manager for their violations of the agreement. The management co. put a tenant in my property without disclosing info to them. Now that I've fired them, they want to void the lease (as does the tenant) so they can free themselves of liability. And even though I fired them several days ago, my tenant just recently told me that my mgmt company "confirmed (via email) that your property management agreement with them is being terminated with mutual consent. They are falsely claiming to represent me and my properties at this point. What legal issues are they opening themselves up to? It also appears that they have used my money (they have been fired already) and despite the fact that the tenant is in my property they have given the tenant his deposit back.
2) On another property they opened my mail without authorization, most likely shared the default notice with my tenant who moved out immediately (8 months short on the lease contract). And of all things, there is a $631 cleaning estimate provided for the property, yet no deposit. I am certain that they informed my tenant and returned their security deposit, now I have no deposit with which to take care of cleaning / repair work. Is the mgmt co. responsible for the remaining 8 months plus deposit on this lease?
3) The mgmt company is refusing to transfer over my security deposits and my December rents so far. They are actually stalling as long as possible and haven't refused to, they just haven't done so yet. They also offered to "collect any outstanding bills, pay what is owed and send me the remaining amounts from rent." I responded by telling them they don't have the authority to do anything since they don't manage anything for me.
4) They are trying to make it seem like this separation is "mutual" so they can void the leases. But even if we still used them they don't have the authority to void a lease or return a security deposit without my consent.
On a side note:
5) If I want to make my previous mgmt company do as much work as possible within my legal rights what can I request of them? (for example, I know that I have the right to request a copy of all of my monthly statements going back to 2005. I also know that they won't be able to produce all of them, they can't even find my mgmt agreement for two of my properties (but have confirmed via email that they are exactly like my other ones). That won't help them in court.)
6) Since I have terminated their services what other documents should I be requesting from them? i.e. All checklists, tenant info sheets etc??? What am I overlooking?
7) Which agencies (i.e. Attorney General) will be the worse ones to send complaints to in order to make the biggest impact on them?
P.S. In the name of public awareness, do I have the right (I'm sure I do but want to confirm it) to use their company name and post my complaints online along with any of their ridiculous statements from their emails? Can I pretty much say anything I want so long as they are facts backed up by documentation so as to avoid them claiming libel? I would also like to contact their website affiliates if it's not a legal issue in doing so. I don't want to create any extra issues for myself but I would love to expose their ridiculous business practices in the name of "protecting other landlords" from companies like them.
Thanks again....
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