I lease a house in BC by real estate Property Manager.
I want to offer house to sell to tenants. However I do not have tehir contacs, except the nmes and physical address. Do I have to contact them through Property Manager, or I can do it by myself?

Your question is unclear.

You are currently leasing a house ?
But you want to sell the house?

Are you the property manager ?

I am sorry, please be more clear, as to what is happening, Your question sounds like you want to sell a house. You do not own.

I agree with Fr_Chuck. You are leasing a house... that means you do not own it. If you do not own it you can not sell it. You can not sell it until you buy it from the current owner. The current owner may not WANT to sell it to you. We need more information written an a clear and conciese manner we can understand.

Maybe I read this wrong but it appears to me that he owns the house, has it leased and managed through the PM but wants to sell it to the tenants. If you live in BC, stop by and talk to them. You know their names and address, send them a letter.

ma0641, you might be right. Going back and reading it from that perspective... it makes sense.

OK, I re-read the question with that idea in mind. Question just asked a little confusing.

This will depend on your lease, and your contract with the real estate company. Most leasing management companies do not have a sell clause in the contract but you need to read the contract you have with the real estate company and find out.

There is no reason why you can't contact them yourself. I have never heard of a management contract that prevents this.
I would send a letter.
The chances that they will want to buy PLUS can afford to buy are low (unless you are offering to write a mortgage, which you should never do without help from a lawyer).

I took it mean the OP owns the house and wants to sell to the current leaseholders. What I don't understand is how he cannot have their address? Don't they live in the house? I'm also unclear as to whether this is a single tenant or not.

He DOES have their name and address. Goodness, so much confusion.

Goodness, so much confusion

Indeed.

Part of the problem has to do with a defect in the English language: the verb "lease" (as well as "rent", for that matter) is ambiguous. It can describe the act of the owner in leasing to the tenant, or vice versa (leasing from the landlord). This for clarity, one should always use phrases like "lease to tenant" or "lease from landlord", in my opinion.

OP should review the contract with the property manager to be sure it doesn't contain an exclusive listing arrangement. Chances are that it does not.


What I don't understand is how he cannot have their address? Don't they live in the house?

OP has the physical address but that might not be the same as the mailing address. Also, in this day and age, an e-mail address is often more convenient to use than a "snail-mail" address.

Thanks to all who tried to help.
I am sorry, my question was ambiguous... not clear enough.
Here: I own the house and have leased it to some tenants, and I hired a Property Manager to look after it (I do not live in that area anymore).

Now I want to sell the house and to offer it first to the people who lease it (tenants). My problem is I do not know their phones or e-mail, as it is not specified in the lease contract.

I have asked my Property Manager to provide me those, but he replied with that he might be of a help if I have something to tell to the tenants, instead. Apparently he does not want to disclose the phone number of the tenants to me. Now I do not want to get Property Manager involved in this kind of conversation at all. Particularly not because he is an employee of a Real Estate company, as I want to sell the house by owner, and not by Real Estate Agent.

I have checked the contract, and there is no clause that mention anything about selling the house. My only concern is if I am allowed to contact the tenants without the property Manager's consent? There is nothing specified in the Lease contract about it.

Thanks.

Of course you can contact the tenants any way you wish, including phoning, and you could let the property manager know that you will be finding another manager at the end of your contract.

Of course you can contact the tenants any way you wish, including phoning, and you could let the property manager know that you will be finding another manager at the end of your contract.

Thanks. That's helpful.

I have lease my house to the tenants.
After 9 months both the tenants and I agreed to terminate the lease contract. We will strart new one, but I do not want to use the services of the property manager for it.

Since the tenants are not going to move out, how the property manager can inspect the facilities for the sake of damage deposit returns? Do I have to pay penalty to the manager for the premature ending of the contract? Is there anything else I need to worry about because of the premature termination of the lease contract?

Thank you.

You are constrained by what your contract with the property management says.
Hopefully you have a copy, and didn't just arrange this over the phone.

I don't understand your last 2 questions. If the tenants aren't moving out, and you don't want the property manager any more, why would you ask how the manager would inspect the apartment? Who has the damage deposit? If the manager has it, you need to do a little adjusting of numbers - either get it back without inspection, or kiss it goodbye and use it to cover remaining fees would be one tactic. Again - it all depends on your contract. What does it say?

You are constrained by what your contract with the property management says.
Hopefully you have a copy, and didn't just arrange this over the phone.

I don't understand your last 2 questions. If the tenants aren't moving out, and you don't want the property manager any more, why would you ask how the manager would inspect the apartment? Who has the damage deposit? If the manager has it, you need to do a little adjusting of numbers - either get it back without inspection, or kiss it goodbye and use it to cover remaining fees would be one tactic. Again - it all depends on your contract. What does it say?

I want the property manager to inspect the facilities for the sake of damage deposti returns. The lease contract is going to end. Prematurely or not, it is ending. And the building needs to be inspected to see if there is any damage to it. It is a job of the property manager.

The damage deposit is held by the property manager and the leasor is due to return the deposit at the end of lease.

So you have the property inspected, then tell the property manager you are terminating their contract.

As far as the lease is concerned there is no issue with early termination as long as both parties have agreed to it. I would include a clause in the new lease that states that the security deposit is being transferred to the new lease. Then it would be your issue to get it back from the property manager when you terminate their contract.

Likely you will owe the property manager for early termination, and you can work out the deposit and inspection with the tenants. Who has the deposit? If the PM collected it, he has to return it to you, or keep it as part of his termination fees, but the tenants have to be credited for the deposit, inspection or NOT, as a reflection of a new agreement/lease/mortgage.

So it depends on your agreement with the property manager. I doubt they take kindly to being cut out of any fees because you negotiated an agreement directly with the tenants and not through them. Why didn't you? It might have been cheaper and a cleaner process.

Contract termination:
Either party, upon one month's written notice to the other party may terminate this agreement.
So, I would have to pay them one month regular rates, and I will do so.

Who has the deposit?If the PM collected it, he has to return it to you, or keep it as part of his termination fees, but the tenants have to be credited for the deposit, inspection or NOT, as a reflection of a new agreement/lease/mortgage.
The property manager has deposit.

What does the contract with the property manager say about the return of deposits being held by them. If the contract can be terminated with one month's notice then there should be no issue about terminating their contract.

So it depends on your agreement with the property manager. I doubt they take kindly to being cut out of any fees because you negotiated an agreement directly with the tenants and not through them. Why didn't you? It might have been cheaper and a cleaner process.

My new agreement with the tenants DOES NOT INCLUDE ANY property manager to be involved. That is why I did negotiation directly with tenants.

Now I wonder how do I terminate the old lease contract as it was originally negotiated and signed by the property manager on my behalf? Is my property manager still in charge to end the lease agreement?

Can I just sign new lease agreement with the tenants and stated that the old one is out of enforcement?

First, a lease agreement doesn't necessarily have to involve a property manager even if there is one. Other than indicating where rental payments go, a landlord's use of a property manager does not have to be listed.

Second, it does not matter that the original lease was signed by the PM. The new lease should contain language like:

This lease replaces and supercedes any previous lease agreement for the property.

That will, effectively, end the old lease as of the effective date of the new one.

Third, whether the PM is still in charge depends on your contract with them. If the contract has language that says that the PM is responsible for all lease contracts during the term of the contract with you, then you may have an issue. That's why we have been telling you all along to make sure you read and fully understand the terms of the contract.

Contract termination:
Either party, upon one month's written notice to the other party may terminate this agreement.
So, I would have to pay them one month regular rates, and I will do so.

Have you done this? It would seem a simple thing to have the PM also inspect the property as well for dispensation of the deposit. Likely when you terminate your contract with the PM, the deposit is given to you to do as you want.

It would also seem you cannot be there to do these things yourself, so talk to the PM, express your wishes, and get clarity with them before you move ahead with any more agreements, with anyone. At least you will know your options, so you can proceed ahead, since your biggest fear is addition costs to the PM for arranging sale of the house.

I would straight up tell them in writing to inspect the home and deal with the deposit, and terminate the contract because you wish to sell it yourself. Be aware the tenants have a right to a clear title, so you may still need an agent (title agent) to work in your behalf for a fee.

You seem to be haggling over who does what for how much, so do your due diligence in getting facts so you know your options, and how to exercise them.