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j.techtype, Home Owner in Huntsville, AL

I and a home owner that let a property manager/realtor rent a house for me. They refuse to give me any money for cleanup and obvious damages.

Asked by j.techtype, Huntsville, AL Thu Aug 16, 2012

The tentants paid but they tore up blinds and left the house dirty for starters. The property manager refuses to give me repair money.
All along telling me any damage would come out of their deposit and I sent her detailed emails because I made my own repairs or called a contractor. I am in the state of Alabama. What can I do to get my money. I have before and after pictures and witnesses to how clean the house was when they occupied it.

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Answers

5
Here are some resources which I have found VERY helpful through the years, regarding tenant-landlord laws

http://stucarson.com/landlordsandrenters

Enjoy!

Stu
0 votes Thank Flag Link Fri Aug 17, 2012
Rent less the PM's monthly fee is your income! In your agreement with the PM how long do they have before they must send you the check for what's left? If they don't send you the check on time what does the contract specify is your recourse in the event of their non-performance?

On that note, what are the terms in the contract with your PM for termination? I would assume they have X days to give you all your funds less their fees back.

PM's have real estate licenses with the Dept of Real Estate in CA. If they improperly handle funds entrusted to them there are SIGNIFICANT consequences. It is reasonable for you to ask for the net (after PM's monthly fee) rent check. It is reasonable for you to ask for the initial rental deposit. If your PM will not do that (see if you can get that in writing), it's your decision, but I'd let them know you will be forced to take action.

If they still don't release YOUR funds, and you've educated yourself on the termination terms of your agreement with them... fire them, if you still don't get your funds in the timeframes specified in the contract for post termination... hire an attorney. I can recommend a couple to you.

You could hire an attorney now, but if it was me, I'd try the first couple steps I outlined above 1st.

If you'd like to talk further with me, call. Once we've talked, it might even make sense for me to call them at certain key steps in the process.

Sounds crazy, if I've got the picture right! A property manager withholding your income from you and essentially saying, "we won't let you use rent $'s to do the repairs"?

Stu
408-209-0849
Stu@StuCarson.com
http://www.JustMyProperties.com
http://www.GetRealRealtor.com
0 votes Thank Flag Link Fri Aug 17, 2012
This is the state of Alabama and I called the tenant and lots of things have not been commuicated to them and me. I did find a digital copy of my agree ment that is not much help but I was not told they had 2 cats and the PM admitted they messd up and I have that in writing. My contract said that I could deny or take a pet.....the list goes on but the tenant says they can break 2 mini blinds and on and on. that repairs were not made but they rented the house from pictures and I did do major repairs. They nit picked it to death and the house sat for 2 years but the Realtor knew that.
Flag Fri Aug 17, 2012
Hello~

The damages should come out of the deposit. If you had a lease agreement it should state this. If damages exceed the deposit you will need to contact an attorney to take the tanants to court or submit a letter of damages with option to pay or court. All states are different, if this home is in Alabama contact a real estate attorney.

You could take them to small claims court if they continue not to pay for damages and you feel an attorney is to expensive. Get everything in writing, document letters, calls, voicemails, text message, receipts of all the fixed items, along with the lease agreement and the damages with the pictures.

Good Luck~


Denise A. Szyszlo Realtor
DRE 01441160
Office:: (408) 369-2000 x319
Mobile: (408) 768-7097
0 votes Thank Flag Link Fri Aug 17, 2012
Thanks but I went to the broker and she blew me off.......Their contract says I cannot hold th broker responsible for any damages and they have the lease. I don't. I don't think small claims is an option but I am honest and the house was very clean and nice. I have mini blinds in my house that are 7 years old and not broken or tied in knots.......I do see how they can justify that as normal wear and tear. I have a free attorney trying to advise me but they are sneaky and have lied to me. I think that going to the Board of Realtors or Fair Trade people is a better idea but it will take work to get all the pictures, emails, etc. to gether. It is easier for the to say good condition and move on......but they are being unethical to me when the code says be fair to all.
Flag Fri Aug 17, 2012
You really need to contact a local Real Estate Attorney to find out what the law is and your options.

Good Luck,


Jim Guido,

Realty World/Blue Property Group
Cell: 408-472-2074
Email: jim@jimguidorealtor.com
Website: http://www.jimguidorealtor.com
DRE# 00700635
0 votes Thank Flag Link Thu Aug 16, 2012
Thank you for your question,, Techtype:

This is a legal issue that is governed by the law of the State of Alabama, and is also governed by the local laws of the city where the property is located.

I recommend that you contact an Attorney in Alabama who has a geat deal of experience with Real Estate law.

.
0 votes Thank Flag Link Thu Aug 16, 2012
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