Common use of Duties of Manager Clause in Contracts

Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions. B. To display ‘FOR RENT’ or ‘FOR LEASE’ signs as appropriate and to post a Lock Box on the property for prospective tenant viewing. C. To receive applications and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges. D. To screen applicants in accordance with Manager’s screening criteria. E. To negotiate and execute month to month rental or lease agreements and to negotiate and execute necessary addenda, renewals and cancellations. F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary. G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC. H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of this Management Agreement. I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate. J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation. K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice Owner so that he/she may act as necessary to comply therewith. T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust account. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess a $15.00 transaction fee.

Appears in 1 contract

Samples: Property Management Agreement

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Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property Property and market conditions.; B. To display FOR RENTor FOR LEASEsigns as appropriate and to post a Lock Box on the property for prospective tenant viewing.appropriate; C. To receive applications and charge refundable and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges.; D. To screen applicants in accordance with Manager’s screening criteria.; E. To negotiate and execute month to month rental or lease agreements agreements, and to negotiate and execute necessary addenda, renewals and cancellations.; F. To collect rent, security deposits, screening fees, and late fees, carpet cleaning fees where applicable (if applicable) and other chargescharges where applicable, and to issue receipts as necessary.; G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC.; H. To Manager is instructed by Owner to retain all refundable security deposits in a client trust account and disburse funds in accordance with the rental agreement. Manager shall deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at according to the termination terms of the tenancy according to and in accordance with applicable laws and the terms of the Rental Agreement rental agreement or at the termination of this Management Agreement.; I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate.; J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s attorneys’ fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation.; K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice Owner so that he/she may act as necessary to comply therewith. T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust account. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess a $15.00 transaction fee.;

Appears in 1 contract

Samples: Property Management Agreement

Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions. B. To display FOR RENTor FOR LEASEsigns as appropriate and to post a Lock Box on the property for prospective tenant viewingappropriate. C. To receive applications and charge non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such related charges.. Owner D. To screen applicants in accordance with Manager’s screening criteria. E. To negotiate and execute month to month rental or lease agreements agreements, not to exceed one year unless prior written approval is received from Owner, and to negotiate and execute necessary addenda, renewals and cancellations. F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary. G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC. H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement rental agreement or at the termination of this Management Agreementagreement. I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate. J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s attorneys’ fees shall be paid by the Owner. Manager may select a qualified outside provider an attorney of its choice to handle such litigation. K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner. Nonetheless, if Manager elects to advance funds to pay any expenses of the Owner, such advance shall be considered a loan subject to repayment with interest accruing at the rate of 18% per annum, and Owner hereby agrees to reimburse Manager, including interest, and Manager is hereby authorized to deduct such amounts from any moneys due Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reportscompensation, except as otherwise provided herein, upon request.not later than the 10 day of each month. Owner N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. supplies. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To employ, supervise and discharge all labor as necessary for the operation and maintenance of the Property. In such event, all employee compensation, taxes and other benefits plus payroll bookkeeping costs shall be paid through Manager’s central payroll account. The funds reasonably required for such payroll and other benefits shall be reimbursed from the Operating Client Trust Account. The Owner shall be liable for all taxes and insurance related to such employees. R. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. S. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of or agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. T. To comply with all requirements of the law applicable to landlords or to advice advise Owner so that he/she may act as necessary to comply therewith. T. U. To maintain the Property in good repair in accordance with the Management Plan, local codes and any other applicable laws of this state of or its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust account. U. V. To manage the Property in accordance with standards of reasonable care and diligence and to furnish the service services of its organization for the management and operation of the Property. V. W. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under Owner which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess a $15.00 transaction fee.

Appears in 1 contract

Samples: Property Management Agreement

Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property Property and market conditions.; B. To display FOR RENTor FOR LEASEsigns as appropriate and to post a Lock Box on the property for prospective tenant viewing.appropriate; C. To receive applications and charge refundable and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges.; D. To screen applicants in accordance with Manager’s screening criteria.; E. To negotiate and execute month to month rental or lease agreements agreements, and to negotiate and execute necessary addenda, renewals and cancellations.; Property Management Agreement – LaurelTree Property Management LLC F. To collect rent, security deposits, screening fees, and late fees, carpet cleaning fees where applicable (if applicable) and other chargescharges where applicable, and to issue receipts as necessary.; G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC.; H. To Manager is instructed by Owner to retain all refundable security deposits in a client trust account and disburse funds in accordance with the rental agreement. Manager shall deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at according to the termination terms of the tenancy according to and in accordance with applicable laws and the terms of the Rental Agreement rental agreement or at the termination of this Management Agreement.; I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate.; J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s attorneys’ fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation.; K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice Owner so that he/she may act as necessary to comply therewith. T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust account. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess a $15.00 transaction fee.;

Appears in 1 contract

Samples: Property Management Agreement

Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions. B. To display ‘FOR RENT’ or ‘FOR LEASE’ signs as appropriate and to post a Lock Box on the property for prospective tenant viewing. C. To receive applications and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges. D. To screen applicants in accordance with Manager’s screening criteria, following Fair Housing Rules and Laws. E. To negotiate and execute month to month rental or lease agreements and to negotiate and execute necessary addenda, renewals and cancellations. F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary. G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC. H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of this Management Agreement. I. To terminate tenancies and to sign and serve as agent for the Owner such notices as Manager deems appropriate. J. To commence legal actions or collections in the name of the Owner to evict tenants and tenants, recover possession of the premises and to premises, recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation. K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient sufficient funds are not available to pay all amounts currently due. In no event shall Manager be required to use its own funds to pay any of the obligations of the Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay on Owner’s behalf, for necessary and reasonable repair repairs and maintenance supplies not supplies. Owner gives Manager the right to exceed act on Essential Services in accordance with ORS 90.365, 90.685 and 90.360 statutes. Non-essential items exceeding $250 or Essential Serviceswill be done with the permission of the owner first. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice advise Owner so that he/she may act as necessary to comply therewith. T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of the City, County, State or its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust accountaccount unless otherwise instructed by Owner. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish provide the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in from the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed month. Funds exceeding the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess will charge a $15.00 transaction feefee which is imposed upon by Managers Bank.

Appears in 1 contract

Samples: Property Management Agreement

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Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions. B. To display ‘FOR RENT’ or ‘FOR LEASE’ signs as appropriate and to post a Lock Box on the property for prospective tenant viewing. C. To receive applications and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges. D. To screen applicants in accordance with Manager’s screening criteria., following Fair Housing Rules and Laws. NBRE USE ONLY E. To negotiate and execute month to month rental or lease agreements and to negotiate and execute necessary addenda, renewals and cancellations. F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary. G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC. H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of this Management Agreement. I. To terminate tenancies and to sign and serve as agent for the Owner such notices as Manager deems appropriate.. NBRE USE ONLY J. To X. Xx commence legal actions or collections in the name of the Owner to evict tenants and tenants, recover possession of the premises and to premises, recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation. K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient sufficient funds are not available to pay all amounts currently due. In no event shall Manager be required to use its own funds to pay any of the obligations of the Owner. M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and . NBRE USE ONLY appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. . P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice advise Owner so that he/she may act as necessary to comply therewith.. NBRE USE ONLY T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of the City, County, State or its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust accountaccount unless otherwise instructed by Owner. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish provide the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx mark one: □ Yes, to Funds Transfers □ No, to Funds Transfers X NBRE USE ONLY W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in from the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed month. Funds exceeding the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess will charge a $15.00 transaction feefee which is imposed upon by Managers Bank.

Appears in 1 contract

Samples: Property Management Agreement

Duties of Manager. Owner hereby appoints Manager as its exclusive agent with the following duties: A. To advertise the availability for rent of the Property or any part thereof, in media which, in the Manager’s sole discretion, are suitable for the property and market conditions. B. To display ‘FOR RENT’ or ‘FOR LEASE’ signs as appropriate and to post a Lock Box on the property for prospective tenant viewing. C. To receive applications and non-refundable fees as expenses require or market conditions determine. Manager shall receive directly and retain such non-refundable application screening fees, late fees and other such charges. D. To screen applicants in accordance with Manager’s screening criteria. E. To negotiate and execute month to month rental or lease agreements and to negotiate and execute necessary addenda, renewals and cancellations. F. To collect rent, security deposits, screening fees, and late fees where applicable and other charges, and to issue receipts as necessary. G. To deposit all receipts collected for Owner in a client trust account with a banking institution insured by the FDIC. H. To deposit and retain all conditionally refundable security deposits, in a client trust account with a banking institution insured by the FDIC, until allocated and disbursed at the termination of the tenancy according to applicable laws and the terms of the Rental Agreement or at the termination of this Management Agreement. I. To terminate tenancies and to sign and serve for the Owner such notices as Manager deems appropriate. J. To commence legal actions or collections in the name of the Owner to evict tenants and recover possession of the premises and to recover rents and such sums due and to settle, compromise and release such actions. All expenses of litigation, including costs and attorney’s fees shall be paid by the Owner. Manager may select a qualified outside provider of its choice to handle such litigation. K. To reinstate tenancies when appropriate. L. Shall have the sole and exclusive authority to determine what expenses shall be paid and disbursements made in the event insufficient funds are available to pay all amounts currently due. In no event shall Manager be required to use its funds to pay any of the obligations of the Owner. . M. To deliver to Owner all receipts less disbursements, including agreed upon compensation and required reports, except as otherwise provided herein, upon request. N. To make inspections of the Property consistent with applicable laws and as deemed necessary and appropriate in the sole discretion of Manager. O. To purchase and pay for necessary and reasonable repair and maintenance supplies not to exceed $250 or Essential Services. P. To execute contracts, in Owner’s name, for utilities and services for the operation, maintenance and safety of the property, as Manager shall deem necessary and appropriate, in its sole discretion. Utility bills shall be placed in the Owner’s name C/O Xxx Xxxxx Real Estate with a billing address of: 0000 Xxxxx Xx. Xxxxx, XX 00000. All multifamily units, in which utilities are paid, must hold a $200 reserve over the term of management to cover the bills. Q. To provide notice to tenants of termination of this Agreement within 30 days of termination. R. To provide to Owner, within sixty days after termination of this Agreement, all unobligated funds and a final accounting of obligated funds and copies of all necessary of agreed upon documents which may be reproduced by Manager in accordance with its schedule of fees and charges. S. To comply with all requirements of the law applicable to landlords or to advice Owner so that he/she may act as necessary to comply therewith. T. To maintain the Property in good repair in accordance with local codes and any other applicable laws of this state of its subdivisions. This includes, but is not limited to, cleaning, painting, decorating, plumbing, carpentry, grounds care, and such other maintenance and repair as may be necessary subject to limitations imposed by Owner in writing in advance. Expenses associated with maintenance and repair shall be paid out of Owner’s operating client trust account. U. To manage the Property in accordance with standards of reasonable care and diligence and to furnish the service of its organization for the management and operation of the Property. V. If this agreement pertains to more than one property or if the Owner and the Manager have entered into one or more other agreements under which Manager is managing property for Owner, Manager is authorized to transfer funds from the ledger of one such property to the ledger of another such property for the purpose of prompt payment of any indebtedness authorized by this and/or any other similar management agreements. Please xxxx one: □ Yes, to Funds Transfers □ No, to Funds Transfers X W. Upon termination of this agreement by either party, and unless directed otherwise in writing by Owner, Manager shall, in a timely manner, deliver all refundable security deposits to Owner. X. To disburse funds in the Owner’s client trust account to Owner, on or about the 20th day of each month to extent those funds exceed the sum of Advances required per Paragraph IX, below, of this agreement, any other amounts held back per written instruction from Owner and prepaid rent to extent it exceeds the management fee applicable to that months’ rent. In any case, funds will not be disbursed until the availability of those funds has been verified by the financial institution on which a check is drawn or fourteen days after the check is deposited, whichever comes first. For each additional payment other than the regularly scheduled Owner distribution, Manager may assess a $15.00 transaction fee.

Appears in 1 contract

Samples: Property Management Agreement

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