what is a property management attorney

Property Management Law – We can help you with creating leases, breaking a lease, evictions, making changes to contracts, and more. Our property management attorney will also guide you through the creation or execution of legal documents and issues related to property management. Property managers have a lot of responsibilities.

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What are the responsibilities of property management?

Real property management, also known as property maintenance, refers to the overall upkeep of a land or property. It includes making specific repairs, cleaning, and cosmetic changes. The people responsible for the upkeep and maintenance can include: Property owner. Homeowner.

Do property managers need a real estate license?

Property Management Laws are those statutes and regulations that govern the professionals responsible for managing properties such as apartments, homeowners associations, condominiums, office buildings, cooperatives, and the like. Professional Obligations In most states, property managers must be licensed.

How to get involved in property management?

A lawyer who has experience in handling property management disputes will already be familiar with the laws in your jurisdiction and thus will be able to walk you through the proper steps to take to resolve your property management issue. Your lawyer can also determine whether you have a viable claim, and if so, can help you prepare your case.

What do property lawyers do?

When a dispute arises with your current or former tenant, Blibaum Law is here for you. In our nearly 50 years of representing property managers, especially in the multi-family industry, we have seen it all. When clients try to deal with a situation without legal advice or representation, they often put themselves into a deeper hole.

Why You Need a Property Management Attorney

Whether you are a property owner or manager, our property management attorney can help you with an array of legal needs. We will listen to your situation and provide you with legal options that can solve your issues. We will also help you prevent legal problems that may arise.

Our Areas of Practice

We help property managers who are facing a variety of legal situations. We can also help you prevent negative legal issues from arising. Our property management attorney has experience with an array of legal issues facing property managers.

Limiting Your Personal Liability as a Property Manager

It’s important to limit your own personal liability as a property manager. This means that the company you work for or the organization you form will be responsible for legal issues that may arise. You do not want to be personally held accountable for the duties and responsibilities of the company or organization.

How a Property Management Attorney Can Help You

If you are managing a property, you may have many legal needs. We can help with both the creation and defense of legal documents, understanding legal issues that arise for property managers, and personal protection for owners and managers. We can guide you through legal issues involving the following:

What is property management law?

Property Management Laws are those statutes and regulations that govern the professionals responsible for managing properties such as apartments, homeowners associations, condominiums, office buildings, cooperatives, and the like.

What is the duty of a property manager?

Property managers owe a fiduciary duty to the communities or buildings they represent. A fiduciary duty is the highest duty owed at law, and requires the property manager to always act in the best interests of their clients.

What is required to become a property manager?

This typically involves either holding a degree or taking a course on property management and passing some form of written examination. Licensing also usually requires a background check, and criminal convictions for crimes of dishonesty or felonies may disqualify an applicant.

Is property management a governing body?

Though not technically governing bodies, there are a number of professional organizations related to property management. Many of these are instrumental in lobbying for laws related to both communities and property managers.

What can a property manager do?

Alternatively, if you are a property manager, your lawyer can conduct a legal search for defenses that you might be able to raise and can devise a strong defensive strategy. Additionally, your lawyer can provide representation in court and/or during mediation or an arbitration session.

What does it mean when a property manager is not the owner of the property?

In addition, just because a property manager is not the actual owner of a specific property does not mean that they will be free from liability for not doing their job or violating a law.

What are some examples of property management disputes?

Some common examples of property management disputes may include: Eviction issues: Eviction issues are one of the main causes of property management disputes. Disputes over an eviction may involve procedural issues that make the eviction action illegal (e.g., improper notice), self-help problems (like when a landlord changes the locks), ...

What happens after a tenant serves a property manager with notice of a lawsuit?

After a tenant serves the property manager with notice of the lawsuit, the property manager will need to respond to their complaint. If the property manager does not have a lawyer at this point, now is the time to hire one as quickly as possible. The lawyer can explain and draft documents for this part of the process.

What to do if tenant disputes cannot be resolved?

If the issue cannot be resolved and the tenant insists on pursuing a lawsuit, the property manager should listen to the advice of their attorney , gather as much evidence on the issue as possible, and ask their attorney about whether there are any defenses they can raise against the tenant’s claim.

What should a property manager do if the lease agreement does not provide sufficient answers?

If the lease agreement does not provide any sufficient answers, then the property manager should attempt to work it out with the tenant by calmly discuss ing the issue with them.

How to resolve tenant lawsuit against property manager?

In the event that a tenant files a lawsuit against a property manager, the property manager should either hire their own attorney or work with the attorney provided to them by the management company. Oftentimes, an attorney or the court may recommend that the parties try to resolve the problem by attending mediation.

What are the issues with property management companies?

Property management companies deal with unemployment claims, wrongful termination lawsuits and employee-misclassification. As mentioned in one of our recent articles, simply improperly classifying an employee as an “independent contractor” can be a costly mistake. If a suit is brought under the Massachusetts Wage Act, a company may be liable for triple damages, attorney fees and, in some cases, owners of the company may be personally liable. Unfortunately, many clients contact their attorney after one of these issues arise. To avoid unnecessary litigation, it is best to contact your attorney early to establish best practices for employment-related issues. When set up correctly, proper policies (e.g. employee handbooks, social media policies, etc.) and other preventative measures can minimize the exposure for employment claims.

How long does it take to evict a tenant in Massachusetts?

The key to an expeditious eviction is ensuring that the eviction notice is sent as soon as possible. In Massachusetts, you generally need to send either a 14-day notice or a 30-day notice, depending on the situation. It is important to remember that the eviction process does not begin until the correct notice is sent. If you fail to send the right notice, your case may be dismissed and you will be forced to start the process from the beginning. The other important aspect of evictions is making sure you have good information about your tenant. Setting up a proper screening process is critical. Too often, we have clients who do not have key information about their tenants (e.g. social security number, employment information and references). Without these critical items, collecting from a delinquent tenant is next to impossible. You should contact your attorney if you are unsure whether your screening process is adequate, or want to confirm that you are following the proper procedures for starting an eviction.

Why is it important to act early in eviction?

Nevertheless, acting early can greatly increase a property manager’s potential for recovery and reduce the amount of rent loss. The key to an expeditious eviction is ensuring that the eviction notice is sent as soon as possible.

Do property management companies have multiple vendors?

Property management companies of all sizes have multiple trades and vendors at their disposal. In fact, many have multiple vendors for the same services so that they can remain competitive and ensure they are receiving the best service for the best price. Often, these vendors have either (1) their own contract; or (2) no contract at all. Under either circumstance, if a dispute arises, the property management company is at an immediate disadvantage. If the contract was drafted by the vendor, it likely is one-sided. If no contract exists, the parties will be stuck piecing together what they believe to be their agreement. Therefore, make sure you review each and every contract with your vendors to make sure your interests are protected. If you do not have a contract with a certain vendor, contact your property management lawyer to draft one for you.

What is POA in real estate?

In real estate, POA of property may be used by individuals who are selling a home but are living overseas and unable to be present during the sale. Assets like real estate, stocks, bonds, and bank accounts owned by a principal are included under power of attorney of property.

How old do you have to be to get a power of attorney?

To grant power of attorney of property, the principal must be at least 18 years old, be in full control of their mental faculties, understanding of the value of assets being put into the agent’s care, and be aware of the authority being granted to the agent.

What is a POA?

Power of attorney (POA) of property is a legal document transferring the legal right to the attorney or agent to manage and access the principal's property in the event the principal is unable to do so themselves.

How many witnesses are needed for a power of attorney?

Limited terms for power of attorney of property can also be established, narrowing the scope to a specific transaction the principal wants the agent to handle on their behalf. Two witnesses are required at the signing of a power of attorney of property for it to be valid.

Who is Will Wills?

He developed Investopedia's Anxiety Index and its performance marketing initiative. He is an expert on the economy and investing laws and regulations. Will holds a Bachelor of Arts in literature and political science from Ohio University. He received his Master of Arts in economics at The New School for Social Research.

Can an agent bestow control to another person?

Bestowing such control to another individual comes with an expectation that the agent will act according to the instructions and best interests of the principal. There is no guarantee beyond the terms stated in the document to ensure that those wishes will be honored.