Rental Basics in Columbia>Question Details

Tara, Home Owner in Columbia, SC

Need advise on whether to file a complaint against a property management company.

Asked by Tara, Columbia, SC Tue Jul 26, 2011

I hired a property manager to manage my property in Columbia SC. The house was leased for one year. At the beginning of the year the tenants informed the property manger that they would not renew the lease. I also informed the property manager that I would not renew my management contract. Both lease and contract ended 30 Jun. I also asked the property manager if they would work with another company to start showing the house to potential renters. The property manager turned over the keys to the current property manager and stated that they were instructed to do so. The tenants paid rent for May. On May 16th, the property manager discovered that the tenants had moved and disconnected the utilities. The property manager informed me that the tenants intended to pay for June. The house was rented out to new tenants between 23 Jun and 1 July. The former property manager refuses to return deposit for nonpayment of rent dure to a breach of contract. Is this correct?

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This sounds like an issue between the previous tenant and property manager. If they are withholding the deposit they must provide a reason. In SC failure to pay rent is not a reason to withhold a deposit. The deposit is used for repairs and cleaning after a tenant moves out. It is illegal to hold a deposit for back rent. The previous tenant can sue to get their deposit back. I hope I am understanding the issue correctly and this information is helpful. Good Luck.
0 votes Thank Flag Link Fri Aug 2, 2013
I would definatley contact an attorney. There are breach of contract laws however there are also ethics involved. I would take a copy of the management contract, the lease, & any letters or emails (documentation) with you to the attorney to find out your options. Good luck.
Christine House
Century 21 Broadhurst & Associates
0 votes Thank Flag Link Tue Jul 26, 2011

I recommend taking a copy of your agreement and this information to a real estate attorney. Without having a copy of the rental/mamagement agreement, it is diffidult to say who is in default.

For example, why does he think you are in breach? What term does he say you violated, and was it written in the agreement that he could keep the deposit if you did breach the contract?

Page Latham
Real Estate Professional
Russell and Jeffcoat Real Estate
Web Reference:
0 votes Thank Flag Link Tue Jul 26, 2011
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