Property Manager That Did Not Manage
We hired RSC Rentals to manage our property in South Ogden, Utah. RSC Rentals was paid a commission of 10% of the monthly rent collected. It is our allegation, and RSC Rentals concurrence to our allegation, that RSC Rentals failed to perform required contractual duties resulting in a substantial breach of contract, and we furthermore assert that the substantial breach of contract warrants remittance to us the amount equivalent to one year’s compensation for services totaling $1,680. The contract drafted by RSC Rentals stated they would perform annual inspections on the heating and cooling systems, and we as owners, would pay for the cost of the annual inspection. They failed to perform the annual inspections for two and a half years until they were pressed as to why it was never performed. The contract drafted by RSC Rentals states that they would perform semi-annual inspections of said property. When asked if they had performed the semi-annual inspection they replied, “House looks fine when I pick up the check.” It is our position that the “Drive-by” look-see is not the intent of a semi-annual inspection. After much pressure RSC Rentals set a date to conduct the semi-annual inspection but failed to do it on the day they scheduled, failed to inform us of the postponment, and when they finally performed the inspection it was on par with the usual level of competence, unacceptable. In keeping with the purpose of hiring a property manager RSC Rentals was responsible for the inside of the house as well as the outside, to include the landscaping. With respect to the landscaping, they failed to maintain the landscaping in the condition it was in when turned over to RSC Rentals for property management services. RSC Rentals would only inform us of such unsatisfactory service well after the damage had been done by the landscapers, and only after we inquired numerous times, often taking weeks for them to respond to our inquiries. It is their contention that they were only responsible for the interior of the home, not the outside of the home to include the landscaping. Nowhere in the contract drafted by RSC Rentals did they excuse themselves from the responsibility of maintaining the condition of the outside of the house. Since when do you hire a property manager for the inside of the house and then a second property manager to manage the outside of the house? This is a ridiculous assertion by RSC Rentals and cannot be supported by the contract they drafted, nor by industry practice. Additionally, when our first landscaping company no longer offered residential landscaping services RSC Rentals offered to negotiate a new contract with a new landscaper. If the contract excused RSC Rentals from any responsibility for the upkeep of the outside of the house why would they offer to negotiate a new contract with a new landscaping company? Furthermore, they recommended the new landscaping company, Harger Enterprises, a personal friend and business relation. As the property manager they are responsible for enforcing the contract with the tenant as well as with the landscapers and they should now the terms of the contracts considering they were intimately involved in negotiating the tenant-landlord agreement as well the new landscaping contract. When questioned on the condition of the property and the service provided by the new landscapers RSC Rentals would reply, “I don’t know, what’s in the contract?” This is an amazing level of incompetence considering they conducted the negotiations with both the tenant and the landscapers, Harger Enterprises. As an example of the lack of attention-to-detail, and the inability to perform the responsibilities as a Property Manager, they fail to possess the ability to handle the most simple of tasks. The contract drafted by RSC Rentals clearly states the tenant will not plant anything without owner’s permission. Tenant planted a tree in clear violation of the terms of the contract. RSC Rentals had to be constantly reminded and requested to enforce the terms of the contract and insist the tenants remove the tree they planted. Also, the contract they negotiated with Harger Enterprises clearly stated the landscapers would aerate the sod and maintain the gardens. When questioned as to why the landscaping deteriorated to its wretched condition under Harger Enterprises care RSC Rentals asked us, “Is this in the contract because they have not been doing it all summer?” This utterance was made two months after they stated, “Landscapers are doing a great job!” This is a direct contradiction to the claims made by our tenant. He emphatically asserts the landscapers hired by RSC Rentals were horrible and the worst landscapers to date. We have made multiple requests of RSC Rentals to refund a portion of the fee they were paid for the services as property manager. We believe the amount requested is a fair and reasonable amount. We have substantial evidence and documentation to support our claim that RSC Rentals breached the property management contract, and furthermore RSC Rentals concurs that they failed in their responsibilities. We feel RSC Rentals' negligence should be exposed to the public.
Washington, District Of Columbia
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