Q: What is the rule for property managers in real estate law? That they have to be licensed to perform certain duties?
The management must be incensed agent to exercise certain duties,With the exception of living on-sight, which in this case they can perform those duties, but they must be under the close supervision of a licensed realtor. Paraphrased but what if the general manager of a apartment operates these duties with out the fulfillment of the rule? Does it render those actions illegal or fraudulent? Does it render the action void of legitimacy, making it void. And if this is the rule of thumb what would be the violations, and can a Unlawful Determiners merits be challenged?
Also if a ten day notice and a three day notice is not signed and dated, making it not valid why was the unlawful detainer proceedings allowed to continue?
A:
Under California law, property managers who perform certain duties must be licensed real estate agents or brokers. The specific rules are outlined in California Business and Professions Code Section 10131 and 10131.01.
If a property manager is not licensed and performs duties that require a license, their actions may be considered illegal and could potentially be challenged in court. However, the specific consequences and whether the actions are considered void may depend on the circumstances and the court's interpretation.
Duties that require a real estate license include:
1. Listing properties for rent or lease
2. Collecting rent
3. Negotiating leases
4. Advertising properties for rent or lease
An on-site manager who lives at the property and manages it under the supervision of a licensed real estate broker may be exempt from licensing requirements for certain duties.
If notices, such as a 10-day notice or a 3-day notice, are not properly signed and dated, they may be considered invalid. However, the decision to allow an unlawful detainer (eviction) proceeding to continue despite invalid notices would be up to the court. If a tenant believes that the notices are invalid or that the property manager acted illegally, they could raise these issues as defenses in the unlawful detainer case.
To challenge an unlawful detainer based on these grounds, the tenant would need to present evidence supporting their claims. If the court finds that the property manager acted illegally or that the notices were invalid, it could potentially dismiss the case or rule in favor of the tenant.
It's important to note that this is a general overview of the law, and specific cases may have unique circumstances. For the most accurate advice, it's best to consult with a qualified California real estate attorney who can review the details of your case.
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