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 HOME OWNER Vs/ PROPERTY MANAGEMENT COMPANY - DISPUTE

 The Email string below is regarding an owner dispute with a former PM (Property Management) company. The owner decided to terminate the PM company, basically for poor service. The owner asked the PM for a copy of the lease and the Move-in checksheet. The PM told the owner that they should have asked for it before they effected the termination and it was no longer available. The Property Management company in this case should have had a proper Move-in sheet to give the owner.., signed by both PM and Tenant & dated same date as inception of lease, and should have provided a fully executed copy for the owner on request. The tenant was trying to get their entire deposit back, when in fact there were damages to pay for.... caused by the tenant. The negligence of the old property manager in not having proper documentation thereby had put the poor owner in harm's way, exposed to serious and real liability. In turn, now the old property management company can be held liable and may have to pay the tenant deposit. For liability reasons I have removed the owner and Brokers names.  -Don / Broker BCI

On Jan 24, 2012, at 1:25 PM, "Donald J. Leske II" <office@realhomes.us> wrote:

Hello Allison,        cc/Broker-owner of PM Company

I am sure ...[Broker name deleted ...] will provide you with whatever documents you require from your past file on demand, as other Brokers do.  
Ask for:  [Broker/owners.....]

I know your Attorney is about to contact the DOL Real Estate Division in Olympia and demand an investigation…., along with other legal remedies. But please hold off on that for a day ok? Give the folks at [Brokerage...] a call today.., since your time is short to settle your tenants deposit. If they do not comply, or if they are rude and put you off …then do what you need to do….. but do it quickly by tomorrow, since your 14 days are running out.

[Broker....] will have a huge liability to face by not having that document.., as you are put in harm’s way. So I would think they will give that priority. Unless they do not have it, see the RCW below.

1.      Brokers and Property Managers are required by State Law to keep all records for 7 years. Even if your online account has been deleted, all Licensed Brokers are still required to keep a hard copy and give you a copy on demand.  

2.     You said [Broker....] gave you a copy of the tenant lease.., but not a move in check sheet, even when you asked for a copy? Not sure what to say about that, but it does not sound good.

3.     The tenant wants his deposit, so he should also have a copy too….as he is knowledgeable and seems savvy about State Laws. If he also cannot produce that document, then you have your answer.

4.     You say you have a good Realtor who saw and did a complete photo shoot.., just before it was rented, plus you have your own photos and your maintenance man’s testimony? So I would hope that this missing Move-In Checklist does appear quickly and you are not forced to settle without it.   

RCW 59.18.260

Moneys paid as deposit or security for performance by tenant — Written rental agreement to specify terms and conditions for retention by landlord — Written checklist required.

If any moneys are paid to the landlord by the tenant as a deposit or as security for performance of the tenant's obligations in a lease or rental agreement, the lease or rental agreement shall be in writing and shall include the terms and conditions under which the deposit or portion thereof may be withheld by the landlord upon termination of the lease or rental agreement. If all or part of the deposit may be withheld to indemnify the landlord for damages to the premises for which the tenant is responsible, the rental agreement shall be in writing and shall so specify. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, counter-tops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement. No such deposit shall be withheld on account of normal wear and tear resulting from ordinary use of the premises. The tenant has the right to request one free replacement copy of the written checklist. If the landlord collects a deposit without providing a written checklist at the commencement of the tenancy, the landlord is liable to the tenant for the amount of the deposit, and the prevailing party may recover court costs and reasonable attorneys' fees. This section does not limit the tenant's right to recover moneys paid as damages or security under RCW 59.18.280.

-------------------------------------

Regards;

Donald J. Leske II

Broker / Property Manager

BCI PROPERTIES, LLC
BBB A+ Rated

10909 Portland Ave. Suite-L, Tacoma WA 98445

Office: (253) 531-1010 | Fax: (253) 531-5358 | Cell: (253) 241-6695

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From: Allison Y. [mailto:allison****@yahoo.com]
Sent: Tuesday, January 24, 2012 1:53 PM
To: Donald J. Leske II
Subject: Re: Legal requirements of a Property Manager

Don - you are amazing. I'm speechless.  And forever grateful.  I will keep you posted.  God talk about "nailed it". I'm going to frame your email.  Thank you Don Leske for everything.

Sent from my iPhone
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From: Allison Y. [mailto:allison*****@yahoo.com]
Sent: Wednesday, January 25, 2012 4:49 PM
To: Donald J. Leske II
Subject: Re: 2nd Request for rental property files

Hi Don - no worries,...... - after your amazing email, there was no need to meet with ...anyone else. Thanks again Don for going above and beyond. I will return focus to getting that place to shine!

Sent from my iPhone

BCI Properties, LLC
10909 Portland Ave. Suite-L, Tacoma WA 98445
Mail: P.O. Box 44065, Tacoma, WA 98448
Office: (253) 531-1010 | Cell: (253) 241-6695 | Fax: (253) 531-5358
eMail Contact
 
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