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Can a property management company enforce their policies on me when I didn't sign anything with the owner who hired them?
Anonymous2 views1 answers
I have rented a town house since July of 2012. I signed the rental agreement with the first owner, which included non-refundable cleaning fee of $200. The property was sold in May of 2014, and the new (2nd) owner contracted a property management company, to whom I told that I want to hire professional cleaning company so that 1. there is no here-say or their-say, and 2. to make sure that my $200 is actually used for professional cleaning of the property like it should be (I even said I am willing to deduct deposit if the cleaning fee is more than $200). However, the property management company said that they WILL NOT pay for any professional cleaning company (that I would hire) but their own licensed vendor for cleaning the property; they said either 1. I could clean the property and get move out inspection by them, than they will not charge more than $200 non-refundable cleaning fee, or 2. I don't clean the property, and have their own licensed cleaning vendor clean the property, and then, charged with any extra cleaning fee more than $200. I did not sign the contract with the applicable property management company nor the owner that contracted them, I did only with the 1st owner
Where in the contract you signed with the first owner that allows you to choose the company that cleans the rental and have the landlord pay the company you chose? You do not appear to have the right under the contract (or the law).
"to make sure that my $200 is actually used for professional cleaning of the property like it should be". Once you signed the contract and paid the "non-refundable cleaning fee", the money belongs to the landlord. Whether the landlord uses that money to clean or throw into the trash is up to the landlord. You do not have any legal right to tell the landlord what to do with the landlord's money.
Unless your contract with the first owner provides that the contract cannot be assigned, the second owner takes over the contract when the second owner bought the property from the first owner. Whether you signed any contract with the second owner is not legally relevant as you and the second owner are still bound by the contract you signed with the first owner.
Your legal duty is to return the property to the landlord in the same condition as you received it, normal wear and tear excepted. Unless you signed the contract obligating yourself to hiring professional cleaners, you have no legal duty to be hiring professional cleaners. Whether you do the cleaning yourself or hire someone else, you just need to return the rental in the same condition as you took it, minus the normal wear and tear. You do not have to have every door knob polished. You do not have to have every speck of dust removed.
You should take plenty of pictures showing the condition of the rental when you return it to the landlord.
You can review the specific facts with your attorney to find out your legal options.
