Property manager extended lease on my home without permission?
What a mess. I leased my home through a property management company for a one year term. About 3 months into that lease, I asked the property manager is the tenants might be interested in staying another year after their 1 year was up. She said possibly. I indicated I would be open for going another year.
We are now at the 7 month mark and our other home sold, so we are preparing to relocate across the country to our leased home in 5 months. I send her an email to let the property manager know we will be moving and to let the tenants know. I figured a 5 month notice is polite. Well this is when she dropped the bomb on me. She has already signed a new lease agreement with the tenants for an additional year!!! She said I approved it in the 3 months mark email and now I have to live with it. This is a mess as we have to reside in our home. What legal aoptions do I have? I never agreed to this in writing, she casually mentioned it in an email. Any help is appreciated.
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Tags: Lease Agreement, New Lease, Property Management Company
lease property | , 6 Mar 10
By Dr. M, March 9, 2010 @ 10:13 pm
check this website, it has links to attorneys as well that specialize in your situation….it’s a nice quick search…..he deals with a LOT of this stuff…..maybe this can get you started….
By Landlord, March 12, 2010 @ 2:51 am
You can break the lease w/o any repercussions. Your manager is lousy if she did not point this out to you. Real estate law forbids a renter from renting if the property owner wished to reside in their home themselves. Your manager should know basic real estate law and should have told you this.
Have her give notice, they have to leave. You can not be made homeless while you own property.
By Gudy, March 12, 2010 @ 6:54 pm
you’ll have to check with a lawyer but if you gave the management company authority to sign contracts you are probably stuck unless the tenants do something to violate the terms of the lease(if the rent is a day late start eviction process). although you may be able to buy them out which may end up being cheaper.
By charlotte q, March 13, 2010 @ 9:45 pm
If YOU did not sign the lease agreement then it is not a valid lease.
By Expert Realtor, March 15, 2010 @ 5:43 pm
Saying you would be ‘OPEN’ to going another year is not the same as saying, “YES, I agree to go for another year.”
She had no legal right to make a decision like that on your behalf, because you may have elected to raise the rent due to costs, change other policies (which is your right) or other issues that should have been addressed and you should have been given the opportunity.
Just because she claims you are stuck with it, doesn’t mean that you are…b/c she, of course, is trying to get another 12 months of management fees.
I would terminate her services affective at the end of the first 12 months and see a real estate attorney about what legally happens when a management company renews a lease without the owner’s permission…I don’t use a management company on my rental properties and have never actually known someone that this has happened to.
Why don’t you call the tenant directly and explain the situation….it won’t hurt and they may be willing to move without a legal mess.
By chavezgardens, March 16, 2010 @ 8:31 am
First is to speak to an attorney where you are moving to and findout what exactly needs to be done and what the laws are in the state that the lease is located.
Second you need to call and speak to the Owner/Broker (if it is a Real Estate Office) and tell them the situation.
If the woman did not send you a copy of the new lease agreement at the time it was signed there is a problem. I would also get a copy of all the financial statements in regards to the property ASAP.
By Carlos L, March 18, 2010 @ 4:46 am
Good finance question! I know of an organization that gives up to $1500 to people to help them with their rent or mortgage. It’s available in most US cities, I highly suggest you check it out.
Best of Luck.