Q: Improper communication from property manager caused property to be vacant. Can PM be made to pay for the loss ?
Tenant gave written notice on May 1st to prop manager (PM) to vacate on June 30. PM informs owner (me) on May 15th by email. PM sends another email on May 16th saying tenant wants to extend lease to July 30. I write a mail on May 31st asking to reconfirm vacancy date and also giving notice to PM to terminate PM contract.No response, so follow up on June 15th. PM responds to follow up, accepting notice and stating tenant will vacate on June 30th, not July 30th. This effectively makes the notice to be 15 days, not enough time to locate another PM and get the property rent ready. The management agreement has a broad indemnification clause protecting PM - "hold harmless for any and all matters relating to management of the property". Manager at PM have declined to pay compensation. I don't believe tenant is at fault in any way. In this scenario, can the rent for July be claimed due to negligence of the property manager ? What will be the best forum/process to follow ? Thanks
A: It appears that the hold-harmless clause protects the property manager from liability to you. Next time be careful what you sign.
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