Q: I have a PM who is managing eviction for me. However, I can't get any money out of deposit after eviction.
According to PM, they keep the late charge which I just realized now. According to the lease, tenant should pay all fees before rent. So PM claims that after eviction, he will deduct 3 month late charge(10% of rent) and 3 month management fee(8% of rent) out of deposit first. Then with all the eviction cost, it eats up all the deposit and I still have to pay PM. So after 3 months no rent, the deposit can't be used to cover part of my rent. But PM is paid much more due to various eviction charges. I think this is unfair. How can PM collect late charges and management fees when I am not getting any rent? This is an incentive for PM to get bad tenant in because late charges and eviction charges are extra income for PM.
What can I do in this case? Sheriff has an eviction order scheduled. PM is asking me to pay extra $500 otherwise PM will cancel the eviction. Thanks
A: The terms of your agreement with your PM is contained in the agreement that you signed with the PM. If the PM is not following the terms of that agreement, then you have a claim against the PM for breach of contract. If you are displeased with the current PM, you may want to hire a new PM.
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