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Property Management Agency Agreement for the United States

Property Management Agency Agreement Template for United States

A Property Management Agency Agreement is a legally binding contract used in the United States that establishes the relationship between a property owner and a professional property management company. This agreement outlines the scope of services, responsibilities, compensation structure, and terms of the relationship. It includes provisions for property maintenance, tenant management, financial reporting, and compliance with federal, state, and local property laws.

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Property Management Agency Agreement

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What is a Property Management Agency Agreement?

The Property Management Agency Agreement is essential when property owners seek professional management services for their real estate assets. This document, governed by U.S. federal and state laws, establishes the framework for the ongoing relationship between the owner and management company. It typically includes detailed provisions for property maintenance, tenant relations, financial management, reporting requirements, and legal compliance. The agreement is particularly important for ensuring clear understanding of responsibilities, authority levels, and performance expectations in property management relationships.

What sections should be included in a Property Management Agency Agreement?

1. Parties: Identifies and defines the property owner and property management company

2. Background: Establishes context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Authority: Establishes the manager's appointment and scope of authority

5. Manager's Duties: Details core responsibilities of the property manager including rent collection, maintenance, tenant relations, and compliance with laws

6. Owner's Obligations: Specifies owner's responsibilities including funding, insurance, and cooperation requirements

7. Compensation: Details management fees, payment structure, and reimbursable expenses

8. Term and Termination: Specifies agreement duration, renewal terms, and termination conditions

9. Liability and Indemnification: Outlines liability limitations and mutual indemnification provisions

10. Insurance Requirements: Specifies required insurance coverage for both parties

11. Notices: Details how formal communications between parties should be made

12. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Property Management Agency Agreement?

1. Performance Metrics: Defines specific KPIs and performance standards for property management services

2. Special Authorizations: Additional authority granted to manager for specific situations or decisions

3. Environmental Provisions: Special environmental responsibilities and compliance requirements

4. Emergency Procedures: Specific procedures for handling emergency situations

5. Digital Services: Provisions for online rent collection, digital communications, and property management software

What schedules should be included in a Property Management Agency Agreement?

1. Property Schedule: Detailed description and inventory of managed property including address, units, and amenities

2. Fee Schedule: Detailed breakdown of all management fees, charges, and commission structures

3. Service Level Agreement: Specific performance standards, response times, and service metrics

4. Insurance Requirements Schedule: Detailed specification of required insurance coverage types and limits

5. Maintenance Schedule: Regular maintenance requirements, schedules, and procedures

6. Property Manager's Authority Limits: Specific monetary and decision-making authority limits for the property manager

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Clauses




































Industries

Fair Housing Act: Federal law that prohibits discrimination in housing transactions based on race, color, religion, sex, national origin, familial status, and disability

Americans with Disabilities Act: Federal law establishing accessibility requirements for properties and reasonable accommodation standards

Fair Credit Reporting Act: Federal law governing the collection, dissemination, and use of consumer credit information, particularly relevant for tenant screening

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Lead-Based Paint Hazard Reduction Act: Federal law requiring disclosure of known lead-based paint hazards in properties built before 1978

State Property Management Licensing Requirements: State-specific regulations governing the licensing and certification of property management professionals

State Landlord-Tenant Laws: State-specific laws governing the rights and responsibilities of landlords and tenants, including eviction procedures and maintenance obligations

State Security Deposit Laws: State-specific regulations governing the collection, holding, and return of security deposits

State Property Code: Comprehensive state-level regulations governing real property management, maintenance, and transactions

State Trust Account Requirements: State-specific rules for maintaining and managing client funds in separate trust accounts

Local Housing Codes: Municipal regulations establishing minimum standards for residential property conditions and maintenance

Local Property Management Ordinances: City or county-specific rules governing property management operations within the jurisdiction

Zoning Laws: Local regulations governing property use, occupancy, and development restrictions

IREM Guidelines: Professional standards and best practices established by the Institute of Real Estate Management

NAR Standards: Professional guidelines and ethical requirements established by the National Association of Realtors

IRS Requirements: Federal tax regulations governing income reporting, deductions, and financial obligations for property management activities

Banking Regulations for Trust Accounts: Federal and state banking laws governing the management and maintenance of client trust accounts

Federal Privacy Laws: Regulations governing the collection, storage, and protection of personal information from clients and tenants

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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