How do I recover a fee from a property management company?
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I completely understand your frustration — it’s upsetting when a property management company appears to breach your trust, especially regarding fees collected on your property.
Here’s the general legal framework:
- • If the lease (including renewals or amendments) did not authorize a monthly pet fee, the manager likely had no right to charge that fee to the tenant.
• Even if a fee was allowed, unless your property management agreement explicitly permits the manager to retain the fee, it should have been remitted to you.
• This can raise issues of breach of contract and possibly unjust enrichment. A property manager often owes fiduciary duties of loyalty and good faith to the owner; withholding fees without disclosure can violate those duties.
Recommended steps:
- Request a copy of the renewal lease (and any amendments) in writing if you haven’t already. That will show whether a pet fee was ever authorized.
- Review your property management agreement to see if the manager was permitted to impose/retain fees.
- Send a formal written demand (certified mail or email with read receipt) asking for:
• An accounting of all pet fees collected;
• Copies of any lease amendments authorizing such fees; and
• Remittance of any pet fees improperly withheld. -
If they fail to respond, you may be able to terminate the management agreement for cause and pursue recovery (small claims or breach of contract) depending on the amount.
It’s advisable to consult a local landlord-tenant attorney to review the documents and, if necessary, help initiate legal action.
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Hi, my previous lease agreement was with a property management company for a property that I own. A monthly pet fee was not discussed. They started charging that monthly fee to my tenant. That fee was kept by my property management company, and they did not pass it on to me (the landlord).
I understand your concern. Did the lease agreement specifically mention anything about a monthly pet fee?
Not initially. There was a renewal that I need to get a copy of, but I don't believe so.
Have you raised this issue with the property management company and discussed why they were charging the fee to the tenant without your knowledge?
Yes — they have ignored that request.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your lease agreement issue.
No.
Hello — I’m Blake, a licensed attorney. I’m happy to help today. First, how long ago did this happen, and where was it located?
Hi.
I completely understand your frustration — it’s upsetting when a property management company appears to breach your trust, especially regarding fees collected on your property.
Here’s the general legal framework:
- • If the lease (including renewals or amendments) did not authorize a monthly pet fee, the manager likely had no right to charge that fee to the tenant.
• Even if a fee was allowed, unless your property management agreement explicitly permits the manager to retain the fee, it should have been remitted to you.
• This can raise issues of breach of contract and possibly unjust enrichment. A property manager often owes fiduciary duties of loyalty and good faith to the owner; withholding fees without disclosure can violate those duties.
Recommended steps:
- Request a copy of the renewal lease (and any amendments) in writing if you haven’t already. That will show whether a pet fee was ever authorized.
- Review your property management agreement to see if the manager was permitted to impose/retain fees.
- Send a formal written demand (certified mail or email with read receipt) asking for:
• An accounting of all pet fees collected;
• Copies of any lease amendments authorizing such fees; and
• Remittance of any pet fees improperly withheld. -
If they fail to respond, you may be able to terminate the management agreement for cause and pursue recovery (small claims or breach of contract) depending on the amount.
It’s advisable to consult a local landlord-tenant attorney to review the documents and, if necessary, help initiate legal action.
That makes sense. Thanks.
