Real Estate Agent commission

[Sambo]

I am the owner of 2 rental properties and have had the same tenants for the past 12 years. My problem is that I have been paying a real estate agent a renewal commission ever year. Unfortunately I wish to terminate my arrangement with this agent since he has become very unprofessional. It's almost as if I am "bothering" him when I ask for copies of leases or any other information. I have advised him that I do not wish to continue our business arangement however he shouted that I will HAVE TO pay his commission if the tenants renew or he will sue me. I have wonderful tenants and do not want to lose them but I am angry that I have to pay him a month's rent for each apartment yearly. I never had a signed agreement with him however he informed me that since the tenants were his than I am forced to pay his commission. Actually, he did not even find the tenants. Another man from his office found them but passed away and the current agent resumed responsibility about 9 years ago. I would like to give my tenants a standard lease that I purchased from Office Depot and save the yearly expense. Can someone help?

 

[freebird]

I don't know what the deal was that you made with the agent. Was it verbal? It should have been in writing and it will be for the agent to prove what that agreement was. Your actions do dictate that there seems to be some long term agreement but I'm not sure that meant that you had to pay the agent every year a commission. In fact, in most cases that I have been involved with it is a portion of the first year's rent or the first lease, whichever is applicable.

The Statute of Frauds mandates that certain agreements be performed in writing or else the assumption is that they are not enforceable. He may take you to court but will have to prove his case and you better have a good reason other than "I don't like him any more." The bottom line is "what was your agreement?"

Originally posted by Sambo
I am the owner of 2 rental properties and have had the same tenants for the past 12 years. My problem is that I have been paying a real estate agent a renewal commission ever year. Unfortunately I wish to terminate my arrangement with this agent since he has become very unprofessional. It's almost as if I am "bothering" him when I ask for copies of leases or any other information. I have advised him that I do not wish to continue our business arangement however he shouted that I will HAVE TO pay his commission if the tenants renew or he will sue me. I have wonderful tenants and do not want to lose them but I am angry that I have to pay him a month's rent for each apartment yearly. I never had a signed agreement with him however he informed me that since the tenants were his than I am forced to pay his commission. Actually, he did not even find the tenants. Another man from his office found them but passed away and the current agent resumed responsibility about 9 years ago. I would like to give my tenants a standard lease that I purchased from Office Depot and save the yearly expense. Can someone help?

 

[Cvillecpm]

VA as case law that a PM was due commission continually for tenant they found originally and where owner executed the lease with PM and tenant which gave the commission as long as the lease was in effect.

Assuming you don't have this type of agreement, notify the BROKER of the agent that you are terminating your PM agreement and give them 30 days to turn over all files including paid receipts, tenant leases, applications and correspondence to you....It is the agent's BROKER you need to deal with if the agent is not working well with you.