And She Suggested My Reasoning Was Absurd

The following came as a certified letter (you know, one of those waiting-in-the-line-for-half-the-day-at-the-post-office type of certified letter) from the former property management company. The letter did not include the keys to my properties. They wrote:

"Please be advised that we are happy to honor your request. However we do not understand nor do we agree with your reasoning behind the request. Your reasoning is most absurd as there has been no misrepresentation of our company of any kind or has there been any gross non-performance."

I don't wish to get into a slap fight with these folks, so I won't respond to them. But if I were, I would say:

Dear Former Property Management Company,

While I agree there has been no misrepresentation of your company, I happen to think it would be absurd to stay with a company that doesn't represent my interests. In the five weeks you had my Martin home, you did not advertise the home--including putting up a for rent sign or even putting a picture on your Web site. I happen to know you had pictures, I gave them to you.

This was a prime opportunity to find renters, as school was about to start and this home is in a highly desirable school district. Additionally, you fully admitted to me you only made one appointment to show the home. When we discussed this during the weeks you had this home in your stewardship, you said you weren't getting phone calls. I find that absurd too. My phone hasn't stopped ringing since I began advertising it last week.

To put things in better perspective, being in Arizona, I managed to rent out two other vacant homes in this same period of time you had my Martin home in property management.

Additionally, I gave you Mrs. Waterford's (hopefully) former home for you to manage. When you went out to collect keys, you admitted to me Mrs. Waterford was still in the process of moving out, so you LEFT HER IN THE HOME without keys or any follow-up to see if she moved out.

At this time, I have no idea what kind of condition this home is in. I don't know if Mrs. Waterford left. Or if she left and has come back and taken the kitchen cabinets with her.

Though this type of thing shouldn't normally be a concern, I don't expect licensed real estate agents who have a fiduciary responsibility to their clients to do something so irresponsible. I assure you, if the home is in any way damaged, you are going to be answering to Legal Eagle.

I think it is absurd to suggest there is no gross lack of performance, as I question how you measure non-performance under these circumstances. In this case, there is no benchmark of performance.

Cancelling our contract after one month saved me a long-term headache. Essentially, you blew it. Now return my keys.

Sincerely,

The Landlord