The liability part of the contract limits the liability of the administrator. In a property management contract, this is called a „no-damage clause.“ This clause protects the management company by limiting its liability, except in cases where the company has been negligent in carrying out its obligations. In addition, ChoiceOfHomes.com says it is customary for property owners to prescribe in an agreement that a manager perform forced evictions of tenants when necessary. With regard to one of these potential problems that may arise among tenants, an agreement should clearly indicate the situations in which a property management company is legally liable. Managers are generally tenacious when it comes to including language in a contract that clearly states what they are and for which they are not responsible. An important part of the agreement describes the manager`s liability limitations. This section of the property management agreement is also called Hold Harmless Clause. Use this contract to define responsibility for the management of the property to avoid any misunderstandings. With excellent communication, there is less chance of arguing unnecessarily and there are more benefits for all residents, because the building is better maintained.
A property management agreement contains more than the responsibilities that each party retains. It should also cover legal debts. „You`re going to want to choose a real estate manager who has been in business for many years and has a reputation for honesty, skill and technical skill,“ said Steven Landsman, president of Abaris Realty in Potomac, a real estate management company representing 150 condominiums and owner associations. Call your candidate`s current and former clients references. Ask how long they used the candidate, if they had problems and how the candidate solved those problems. Ask the candidate how many properties he has managed and how many employees he is looking after. How about landscaping costs? If it is something else that is not treated by the tenant, is it only pinned to the monthly rent, or is it already included in the total cost? Your consent should allow you to cancel them immediately for „reason.“ The cause is often defined as the criminal behaviour of a property manager, gross negligence or non-accounting, and immediate payment of funds. You should also be able to terminate the contract without reason after 60 days of written termination. Also keep in mind the services that the administrator does not provide under any circumstances. This varies from company to company, but frequent exceptions include refinancing a property or major transformations. Make sure the manager doesn`t rule out anything you think is an absolute necessity, such as looking for tenants, collecting rent or managing emergencies. Make sure the administrative agreement has a clear termination or revocation clause.
It should indicate why and when the director or management company has the right to terminate the contract and when you, the lessor, have the right to terminate the contract. Make sure that the agreement does not exclude any service or service that you feel is absolutely necessary when hiring a property manager. It is important that both parties are clear about what is stipulated in the treaty. Property managers and homeowners often have a verbal conversation about duties and responsibilities.