Licensed Real Estate Expectations

 I am a licensed real estate broker and Realtor.  As such, my license dictates certain things I need to do related to real estate transactions.  As a property manager, there is even more scrutiny given the increased amount of financial transactions and increased amount of paperwork I process in any given month.

Fair housing seems to play a igger role as a property manager, but I believe that's inherent given the volume of transactions I do (leases, renewals, leasing standards, lease termination, showings, walk thrus, etc).

Recently, I had an owner get upset when a tenant vacated a rental.  Legally, the tenant needed to surrender keys or I needed a court order (an eviction, sometimes with the use of a bailiff).  In this case, I had neither.  The tenant refused to surrender keys and the owner was refusing to allow me to pursue an eviction.  Despite me explaining the legality of the situation, the owner was upset that I refused to simply take possession of the property as soon as the tenant vacated.  If I had done as the owner demanded, not only would I be acting in an illegal manner, it would carry with it a huge liability on my part.  Liability could be any number of things including assumption of property access, if the tenant left something behind that I wouldn't give to him, any number of situations.  My liability ends with a court order or with the tenant surrendering of keys.  Regardless how I explained this to the owner, he refused to understand the legal ramification.  I terminated my mgmt agreement with that owner as part of this conversation because I refused to jeopardize my license, my profession, my standards for the whim of an owner.

Recently, another prior owner I managed for reached out to me because he was being sued by a former tenant.  The owner was a bit deceptive initially because he said his insurance company (who hired a lawyer to defend him & his LLC) did not want him talking with me...yet, the owner was initiating the conversation.  During that conversation, his recollection of a conversation we had right after the incident happened 2 yrs prior was different than my recollection.  In the interest of perhaps protecting his interest, perhaps trying to minimize his liability in the lawsuit, he blatently asked me to stick with his recollection if I became involved with the case.  I won't comply if put in that position.

There are more stories...stories for other postings...I enjoy being a property manager.  I enjoy interacting with tenants, owners, other contractors I use to fulfill my responsibilities.  But it's disturbing how owners refuse to understand the implications of what they sometimes ask me to do.
While I owe to owners the obligation of following their instructions, I must follow their LEGAL instructions.  I'm all for the conversation on a case by case basis with owners about the implications of what they ask me to do.  But not for owners wanting to disregard legal & liability ramifications.


D & K Property Management Services
Karen Bostwick
(440) 590-5925
KarenMBostwick@yahoo.com
https://dkpropertymgmtsvcs.blogspot.com/
Broker License 2018002999

Bostwick Environmental Service, LLC (lead safe certification)
(216) 325-8805
BostwickLeadSafe@gmail.com

Metro Pest Control
(216) 312-7702
MetroPestControlOH@yahoo.com

Zenus Mechanical
(440) 623-3001
Daniel_Bostwick@yahoo.com

Comments

Post a Comment

Popular posts from this blog

City of Cleveland Lead Safe Certification Changes / Updates

Previously, the City of Cleveland only required essentially a lead clearance test to show a property was clear of lead hazzards.  Because the number of cases of children with elevated blood levels had not reduced in the 2 1/2 years this program was implemented, the City is now requiring a full fledged Lead Risk Assessment.  This requires additional reporting, additional testing (2 sets of samples are now required), AND the landlord must also get tenant(s) signed disclosure that the tenants know about the Lead Risk Assessment report itself AND the work required to be done.  The disclosure and related work would then be updated as part of the city's rental registration portal.  An occupant license / rental registration would not be issued until the work is completed by a Lead Abatement Contractor and / or RRP Contractor.  The Lead Abatement Contractor is licensed with the State Health Dept.  The RRP Contractor is licensed with the US EPA. This went into effec...
Read more

Giving Tuesday Dec 3, 2024

On (Dec 3 ), I encourage you to find an organization close to your heart to donate your time, treasures, and talents (it's not just about the money).   Ideas include… but more importantly , choose the charity closest to your heart :   Cleveland Kids Book Bank:   https://www.kidsbookbank.org/ The City Mission      https://www.thecitymission.org/ Cleveland Zoo Society      https://www.clevelandzoosociety.org/   Valley Riding      http://valleyriding.org/ Project Linus      http://projectlinus.org/ Spread the Bread      https://www.spreadthebread.org/ Ronald McDonald Charities (their house, their mobile dental unit)     https://rmhc-neo.org/home.html Applewood Centers      http://www.applewoodcenters.org/ LENSC      http://www.lensc.org/ Project Learn Meals on Wheels      https://www.mea...
Read more

City of Cleveland planned crackdown on non compliant rental registrations

This past Feb, city council for the City of Cleveland passed the Resident 1st Legislation.  There are now additional tasks local agents in charge must certify in order for your property to be legally registered. Aspects of it include: Property taxes are current. Common area utilities (water, sewer as the example) must be current. If the property has 4 or more units, a licensed HVAC contractor must sign off on its operation. A local agent in charge must be designated...this person becomes legally, financially, and physically responsible for your property. The owner (if not an individual) must have a good standing certification with the Ohio Secretary of State). The property must be lead safe certified.  This is with the new more stringent process that will take longer to complete and cost significantly more. The bigger implications I'm anticipating is at the new year Cleveland Housing Court will want proof of this compliance at time of eviction filing for the court to consider ...
Read more