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crimlaw73

Is Property Management Company Responsible??

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Issue #1

My husband and I reside in and own 2 homes in Michigan. One of the homes we rent through a property management company. Our former tenants moved out on 5/31/16. When they moved in on 5/31/14 they complete a move in checklist. They did not complete a move out checklist. When we questioned the management company about this, they stated, " We do not ask the tenant to provide a move out checklist  as this is what we pay our inspector to provide once the tenant vacates the home." The property management company did complete an inspection of the home however,  we requested to be present when this inspection took place. We were told we would be notified of the day and time of the inspection. We were never notified and the inspection was completed without us being present. When the new tenant moved into the home, they found the dishwasher to be broken. They contacted the property management company and submitted a service request. We were contacted by the management company and asked to complete the repairs. At that time, I requested to see the former tenants move out checklist. I also requested to see the inspection report from the management company.  When I received the inspection report from the management company, no where on there did it list the dishwasher or any other appliances as being is good condition, working condition, broken, etc. It seems as if they did not conduct a through inspection and since we were not notified of the time and place we could not over see it. In this instance, who would be responsible to pay for the cost of the repair for the dishwasher?

 

Issue #2

There were some minor repairs that needed to be made on the home when the former tenants moved out and there are still repairs that need to be completed. The former tenants paid a security deposit of $1225, a $250 non-refundable pet deposit and a non-refundable admin / move out fee of $250. The management company has stated, " We used the majority of the tenants security deposit towards the damages we covered and any remaining funds were sent to the tenants." Well, I have learned this statement is completely false. I spoke to the former tenant and she reported to me and provided proof through an email that the management company sent to her, that her entire security deposit was refunded to her. What if anything can we do about this? The former tenant received her security deposit back 8 days after vacating the residence and before the management company completed their inspection. 

 

 

There is SSSoOOooooooo much more I could list, but I thought I would just start with this. Any knowledge that can be shed on this would be greatly appreciated. Thank you. 

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13 hours ago, crimlaw73 said:

My husband and I reside in and own 2 homes in Michigan.

 

Despite this statement, I assume -- based on the rest of your post -- that you don't reside in both homes.  Rather, I assume you reside in one and rent out the other.

 

 

13 hours ago, crimlaw73 said:

who would be responsible to pay for the cost of the repair for the dishwasher?

 

As an initial matter, dishwashers are awfully cheap.  You can get one delivered and installed for less than $400.  Keep that in mind when considering whether to repair or replace it.  As for your question, you may not have any obligation to provide your tenant with a working dishwasher.  However, the tenant probably could say that he/she wouldn't have moved in if the dishwasher wasn't there, so you probably should repair or replace it.  It's a cost of doing business that you can deduct on your income tax return.  If you think the dishwasher not working is your former tenant's fault, then you can try and chase him/her down for reimbursement.

 

All of the stuff about the property management company and the inspector is irrelevant (unless you have reason to believe one of them caused the damage).  If the management company had notified you about the inspection, then all that would have happened would have been that you might have discovered the problem with the dishwasher earlier.

 

 

13 hours ago, crimlaw73 said:

What if anything can we do about this?

 

So your management company told you X, but your former tenant told you Y, and you believe the former tenant.  And when you then went back to the management company and relayed what the former tenant had told you and provided the management company with the documentation that the tenant provided, what happened?

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It appears that you and your management company may have different theories of property management. From the content and nature of your post, I imagine that you may be much more of a stickler when it comes to definitions of reasonable wear and tear, tenant damages and oversight of otherwise mundane processes (like the inspection once the tenant moves out). Not that there's anything wring with that. However, does your contract with the management company clearly express how all these issues will be handled, e.g., who will be present for inspections, what level of inspection is required, how quickly will security deposits be released, etc.? If not, I recommend that you find a new management company that better suits your needs and desired level of control or oversight. Or perform the work yourself. Otherwise, nothing in your post suggests you have any worthwhile cause of action against the management company (again, unless you believe the management company damaged the dishwasher or the minor repairs were not made).

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