In the last few weeks, I've been called "silly" and "unprofessional".....because I won't talk to my residents' real estate agents.
I calmly indicate that I know my residents are looking for a home and their lease and Resident Handbook outline their options for being relieved for the remainder of their lease terms.....Goodbye!
Most states landlord-tenant statutes contain a CONFIDENTIALITY statute on safeguarding applicant/tenant information. Just as credit reporting services require a site inspection to determine if our files are secure, state legislatures have enacted laws that provide guidelines and limiting statutes on WHO we can provide our residents' information to.
If my residents no longer have a copy of their lease, I'll provide it for a $25 "forms fee". If the residents call or e-mail me asking for their options, I'll send them a letter outlining their options as referended in my Resident Handbook and enclosing copies of my application forms.......however, discussing these options with their real estate agent is against my policy.
My residents have a relationship with their agent and we are most probably Realtor agents in the same local association; however, I have no agreement to violate state law and my confidentiality promise in my Resident Handbook just because their Realtor wants to "help" them. This is the wording in my Resident Handbook.
CONFIDENTIALITY: There are limited instances whereby we can disclose or discuss the terms of our relationship and the status of your lease agreement without your written consent. Any request for information on your lease status should be requested in writing by all parties who signed the original lease agreement.
Wallace S. Gibson, CPM * GIBSON MANAGEMENT GROUP, Ltd.
Central Virginia
LandlordWhisperer
View our available Charlottesville, Albemarle and Lake Monticello rental homes online with photos and floor plans
"...to be a Virginian, either by Birth, Marriage, Adoption, or even on one's Mother's side, is an Introduction to any State in the Union, a Passport to any Foreign Country, and a Benediction from the Almighty God...." Anonymous
And because of this agents just loath you. We understand confidentiality, but to not discuss options about early terminations of leases is just silly. Whats the secret in that conversation? There names or the dollar figure? That's all I would care to discuss and I see no need for confidentiality there.
I know it's beside the point but I'd love to watch you trying to get into any foreign county without a passport.....
Laura - I have no authorization to talk to the agent....my residents have never told me that HE/SHE is the agent they are working with. The AGENT needs to be having the "get out of your lease" discussions EARLIER in their WRITTEN VA Buyer-Broker relationship.....I'm the only one who will be chastised if something I DIVULGE is misinterpreted by that agent. This is the letter I send to my residents when this happens...
I received a phone call from a real estateagent indicating that you wish to be allowed out of your current lease obligation at XXXXXXX prior to the end of your current lease term - June 18, 2010. Please be advised that you do NOT have the option of subleasing the property. As outlined in your Resident Handbook, you do have the following options in order to be released as the responsible parties to that lease....you may
I understand. But as a buyers agent the need for a quick resolution should include you discussing the options with the buyers agents. Why not advise them to get a authorization to release information and at that time work for resolution?
Laura - I don't want to be involved with the agent and my resident. If my resident wants their re agent to find a replacement resident for the remainder of their lease with me, that is one of the options they have in their Resident Handbook (and why I provide my application forms) AND my "after the agent call" letter I quote above....it is not a matter of a "buy out" of their lease. It is a matter of them/their agent or ME finding replacement residents through the balance of their lease term....if they want ME to do it, they pay my re-lease fee. if they or their agent finds replacement residents, they pay ME a lease re-write fee.
Wallace, You leave NO stones unturned. I do UNDERSTAND your stance, for in the things we have to deal with in property management, it's just the smallest tiniest iota that will/could take you to court... IN THIS DAY and age, there are opportunists SEEKING a lawsuit! I say, stick to your guns!
I sincerely did NOT think these little details were all that important.... UNTIL papers were served to us..... So, it's better to LEARN from someone who's been there and done that rather than learn the hard way! We have to uphold the laws we've agreed to, even if we look silly, are classified as BI*CHES, and known as HARD A**ES! WHO of those we're bending the rules for will come to our rescue when it's time to face the JUDGE? Please keep preaching... for there are those here with ears to hear!
Diane - Originally, I tried reminding agents that MY client is the property owner who expects a rental income stream from the lease he/she has already paid me for putting in place......many times, this relationship is not even acknowledged or understood by the agent or tenant...they feel the tenant is my client - the tenant is my CUSTOMER.
Wallace -
You have made some really tactical points here and I respect your need to conform to the letter of the law for the sake of YOUR client. It seems to me that rather than get mad at you for doing your job, the inquiring agent would be better served by asking questions to better educate themselves about the process.
You taught me something today - always a good thing.
Michael
Thank you Michael * I think agents, when they first get their license think that all agents are created the same....They are never educated that a property manager has different duties, knowledge AND a very different employment agreement from that of a real estate agent (one-event listing agreement).....
Another great post, Wallace. It sounds like the tenant/buyer's agent is trying to talk to you about working out an arrangement to terminate a legally-binding contract. Geez, I wonder what that buyer's agent (or even a seller's agent) would be doing if that same customer was trying to weasel their way out of a purchase contract or a listing agreement. And, here they are doing essentially the same thing to you and your landlord.
Eric - the quote I provide in the above response #3 is from the latest letter I sent to a tenant. In this case My TENANT is an ATTORNEY and the RE AGENT is working with MY TENANT'S estranged wife who wants to get back together with him. RE AGENT is not even working with MY TENANT * and I wrote the letter in July and have received no response from him. RE Agent leased their commonly owned home and she lived elsewhere for a year or so and the tenant in their residents has moved and ESTRANGED WIFE wants him to move back in with her....too much DRAMA
Wow, that IS waaayyy too much drama. Thanks for the background info on this deal. That hurts my head just reading about it. :-)
How can you charge someone for a copy of their lease? In Texas we must provide copies of any document any party to the contract signed.
Richard - residents get copy of their signed lease when they sign and it is put in the pocket of a 3-ring binder/Resident Handbook. If the LOOSE or MISPLACE that 3-page/front/back lease, I charge for their SECOND copy.