Tulalip, WA asked in Contracts for Texas

Q: Can I terminate a property management contract if they fail to notify me as required for any repairs

Contract requires that they notify me if a repair is needed. They failed to notify twice with the new tenant and the repair charges were much higher than it would have cost me to have it fixed. Texas resident

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: It depends on the specific language of the property management contract. Some owners hire property managers so that they will not be bothered with tenant requests for repairs and don't have to deal with vendors to make those repairs. Other owners insist on being given the right to pre-approve any repairs. Still others require that pre-approval be obtained if the repair exceeds a specified cost, but leave repairs under that amount to the property manager to handle.

If your contract requires that they notify you if any repair is needed, the exact wording of that provision likely will be important. It might say that, before hiring any vendor to make the repair, the mgr must notify you. Or it might say that the mgr must notify you of the need for repair and then you will hire the vendor to make the repair. It might say that the mgr can make the repair but then must notify you within a certain time after the fact. There are numerous other possibilities.

I notice that you are out of state. I have represented out-of-state multi-family landlords in the past with less than honest property management companies. Some such companies associate with particular vendors--which may even be owned by the the same people or their relatives--and routinely overpay such vendors. And I have seen situations where property managers passed along costs for landscaping, painting, and other work that a visual inspection confirmed never happened.

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