Owner Changing Management Agencies, Payment Trouble

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andrewk

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I'm renting a 2 bedroom unit (duplex) in Atlanta Georgia (West Point). My lease has 2 months remaining on it (it ends on November 30th). My lease is through a property management agency we'll call Sterling, and stipulates that all payments must be made directly to them. The owner of the property is not mentioned anywhere in the lease.

The owner of the property (whom I had never met or known existed, outside of the management company) contacted me recently to tell me she had changed management agencies. This brings me to question 1.

1: My lease has no provision regarding the transferrance of said lease to a third party, owner of the property or otherwise. If they change management companies, does the management agency cease to be the Owner's agent, thereby rendering my lease null and void at the time of the change in companies?

Further, the owner of the property is requesting that I stop paying the Sterling company, and start paying her directly. This is strictly forbidden in my lease, as it says that all payments are to be made directly to Sterling. I am not being offered a new lease by the property owner, or the new property management agency (which, as far as I know, may not even be taking payments - she may have decided to do all that herself).

Despite the best assurances of the property management agency, ceasing payment to them and paying the owner would, as far as I know, constitute a breach of contract and make me liable for the amounts unpaid to them in a civil suit. And if I refuse to comply with the wishes of the property owner, and continue to pay the Sterling company, I may find myself in eviction proceedings. The management agency may assure me that no ill effects would come from not paying them, they have not offered such in writing or as an addendum to my lease, and they refuse to release me from my lease with them; so anything they say at this point is verbal and not worth risking my money/civil liability on.

Which brings me to question 2:

2: In a situation like mine, wherein the company specified in your lease is no longer managing the property and is no longer requesting payment, should I not receive either a new lease from the owner's new agent, or at least a notice of termination of my previous lease? I have received neither, and all involved seem to have no inclination to provide me with such, though they still expect money to flow.

My lease has a specific clause specifying that an amount equal to (the monthly rent) * (the number of months remaining on the lease) is to be paid if I terminate the lease early. This all brings me to my 3rd question.

3: In a situation like mine, does my lease still hold any force of law? I am inclined to walk out on the last 2 months of my lease, given the unfolding drama between the owner and management agencies. But I don't want to do that if my lease is still in force, because I'll be liable for a couple of thousand dollars in a civil suit. And obviously I can't just ignore the property owner's wishes to be paid directly, as that will surely result in premature eviction.

I have plans to leave at the end of my lease, but this is too sudden, and I feel like I'm being setup for civil suits on both sides. I have tried contacting legal advice in my area (the GA landlord-tenant hotline, a number of Atlanta attorneys, and the Georgia Bar Association), but have either been ran through phone tag, or my calls have not been returned. What do I do?
 
You have no reason to worry. First, your lease is with the owner of the property not the designee, the manager. So nothing has changed except for where you send your payment and who you contact in communications with the landlord. The landlord has every right to fire or change his designee at any time since there is no material consequence to you. Tell the landlord to put his rental instructions IN WRITING and mail them to you with his signature attached. Compare the signature to the one on the lease if he/she signed it. Mail a copy of the new instructions to the management company to give them the opportunity to object if they want to. The only reason they would object is if this person either is not the landlord, or they do not know they have been fired. In the second case you still pay the landlord but they will have a civil issue with him which is no effect on you.

After you receive written notice of where to send your payment, continue on as if nothing happened except the address of your payment location changed. Give any termination notice to the landlord and you are fine.

I hope this answers all three of your questions. Nothing has changed except the management of your lease. Everything is still in force and effect.
 
Inform (in writing) both Sterling property management and the owner that unless you receive notification of this change in writing (including documentation of the new property management company), you will continue to follow what is stated in your current lease; paying Sterling property management.

Your lease does not become null and void simply because the owner has changed property management companies. Even if the unit changed owners, your lease would still be in effect until it naturally expired.

Gail
 
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