How a property manager can be prepared when they get sued: 6 must know things
One of the main reasons a property manager could windup in court is due to holding of their client’s safety deposits. There are many procedures or precautions that can be considered for preventing the same from happening. A course in management of property and related procedures can find its use somewhere in the long run. This can even keep ourselves from getting into some serious legal issue which in turn saves us money as well as time for that matter. Also, it is important to note that if such an issue arises, the owner would also be faced with charges for violating the law and not securing or handling their deposits.
Consider minimal procedures in order to be prepared
Property managers would be instructed to follow the basic procedures and guidelines for each of the issues of the tenant, for instance, the return of safety deposits. The requisite inspection of property, collection of information regarding the property, proper communication, calculation of the amount of money deductible by the manager and all other steps relating to the vacating of tenant are to done with great care and precision so that they have a good chance of not getting sued when a complicated situation arises.
Prevention of post-tenancy issues by performing pre tenancy inspection
The property manager normally takes a walk through of the property with the fresh occupant. He/she collects and notes information on each room and pillar of the building and also takes a good look at the exteriors. They also check for any issues that can cause problems in the future. This way, they get the whole picture of the property which can later be compared to that at the time of vacating the property. Some of the managers give these documents to the tenants itself so that they can take advantage of it by doing necessary repairs which otherwise might lower their deposits. This procedure, if done in a proper way can prevent many complications relating to pre and post tenancy.
Pre tenancy inspections help while preparing for the court
If faced with a problem related to their security deposits, the managers can be produced before the court. Then to avoid further complications, he/she must submit all those documents collected during pre inspection in suitable order. Witnesses like gardeners or painters can be gathered for taking statements. Things like a complete and proper file of the property containing all information, contact details with those tenants, a sworn affidavit, witness contact information etc should be submitted by the property manager for improving his/her chances in court.
Preparation is the best method to solve problems before they show up
A property manager who files and documents everything necessary following the basic guidelines would not be easy for the tenants to sue. In case, any situation arises, he/she is equipped with all the necessary documents to opt out of the charges imposed on them.
The employer can be blamed for the work of his employee
If any agent of a company tries to take advantage of the tenant with or without the knowledge of his hirer, the owner would be the one facing all the charges. The owner can obviously file an alternative charge against his employee but would not be left out of the case much easily.
A real estate attorney can keep away all the problems
Professional companies have a real estate attorney who has the necessary expertise and knowledge that puts them in an advantageous position. He/she has the necessary skills to stay prepared in case, any situation arises.
So, a property manager should be very systematic and procedural in his work in order to avoid complication for him as well as his owner. Documents filed regularly can help you stay ahead of the game in case of any unfortunate situations.