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Property Management Agreement

Defines the scope of management services, fee structure, owner approval thresholds, and reporting obligations between property managers and owners.

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What's included

Appointment and Scope of Management Services

Appoints the manager to operate, manage, and administer the property and defines the specific services included, such as rent collection, tenant communications, leasing support, inspections, and maintenance coordination.

Management Fees and Collection Process

Sets the management fee structure, timing of payment, deductions from collected rent, reimbursable expenses, and procedures for handling tenant payments and owner distributions.

Maintenance Authority and Owner Approval Limits

Defines the manager's authority to approve repairs, emergency work, vendor engagement, spending caps, and circumstances requiring prior written owner approval.

Accounting Records and Financial Reporting

Requires the manager to maintain accurate records, provide periodic statements, retain supporting documentation, and report income, expenses, deposits, reserves, and owner disbursements.

Confidentiality and Data Protection

Protects non-public owner, tenant, financial, and property information and requires the parties to use confidential information only for performance of the agreement.

Insurance, Compliance, and Risk Allocation

Addresses required licenses, legal compliance, insurance obligations, limitation of authority, indemnity, and allocation of responsibility for claims arising from management activities.

Termination, Transition, and Handover Procedures

Specifies notice requirements, termination for cause, final accounting, transfer of records, tenant files, keys, deposits, vendor information, and outstanding obligations after termination.

Dispute Resolution and Governing Law

Establishes the governing jurisdiction and procedures for resolving disputes, including negotiation, mediation, arbitration, or court proceedings as selected by the parties.

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Frequently asked questions

What should a property management agreement include?
It should identify the owner, manager, managed property, management services, fee structure, rent collection procedures, maintenance authority, reporting duties, insurance and compliance obligations, termination rights, and transition requirements.
How should maintenance approval limits be handled?
The agreement should state the amount the manager may spend without prior owner approval and should distinguish routine maintenance from emergencies, where immediate action may be permitted to protect the property or comply with law.
How are property management fees typically structured?
Fees are often structured as a percentage of collected rent, a flat monthly fee, or a combination of both. The agreement should also address leasing fees, renewal fees, vacancy fees, markups, reimbursable expenses, and when fees may be deducted from owner funds.
What happens when a property management agreement terminates?
The manager should provide a final accounting, transfer records and tenant files, return keys and access credentials, remit owner funds, identify open maintenance items, and cooperate in transitioning operations to the owner or a new manager.

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Templates/Property Management Agreement