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Property Management Agreement for the United States

Property Management Agreement Template for United States

A Property Management 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. The agreement outlines the manager's responsibilities, including tenant management, maintenance coordination, rent collection, and financial reporting. It specifies compensation structures, liability provisions, and compliance requirements with federal, state, and local laws. The document typically includes specific provisions to ensure compliance with the Fair Housing Act, state landlord-tenant laws, and local property management regulations.

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What is a Property Management Agreement?

A Property Management Agreement is essential when property owners seek professional assistance in managing their real estate investments in the United States. This document formalizes the delegation of property management responsibilities to a qualified professional or company, covering crucial aspects such as tenant relations, maintenance, financial management, and regulatory compliance. The agreement is particularly important as it defines the scope of authority granted to the manager, establishes clear accountability measures, and ensures compliance with federal laws like the Fair Housing Act, as well as state-specific property management regulations. Property Management Agreements are commonly used for both residential and commercial properties, and can be customized based on the specific needs of the property and the jurisdiction's requirements.

What sections should be included in a Property Management Agreement?

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

2. Background: Explains the 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 the specific responsibilities of the property manager

6. Compensation: Outlines fee structure and payment terms

7. Term and Termination: Specifies agreement duration and termination conditions

8. Insurance and Liability: Details required insurance coverage and liability provisions

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

1. Emergency Protocols: Procedures for handling emergency situations - recommended for larger properties or those with specific safety concerns

2. Maintenance Reserve: Terms for maintaining an emergency repair fund - recommended for older properties or those requiring frequent maintenance

3. Property Staff: Guidelines for hiring and managing on-site staff - recommended for larger properties requiring dedicated staff

What schedules should be included in a Property Management Agreement?

1. Property Schedule: Detailed description of managed property/properties

2. Fee Schedule: Breakdown of all management fees and charges

3. Maintenance Schedule: Regular maintenance tasks and responsibilities

4. Required Insurance Coverage: Specific insurance requirements and minimum coverage amounts

5. Service Provider List: Approved vendors and contractors

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

Agreement Contract

Cost

Free to use
Clauses































Industries

Fair Housing Act (FHA): Federal law prohibiting discrimination in housing transactions based on protected characteristics, affecting tenant selection and property marketing practices

Americans with Disabilities Act (ADA): Federal legislation requiring reasonable accommodations and accessibility standards, particularly for common areas and commercial properties

Federal Fair Credit Reporting Act (FCRA): Federal law governing tenant screening processes, credit checks, and the handling of tenant personal information

Lead-Based Paint Hazard Reduction Act: Federal law requiring disclosure for properties built before 1978 and establishing safety protocols for maintenance and renovation

State Landlord-Tenant Laws: State-specific regulations covering security deposits, maintenance responsibilities, and tenant rights, varying by jurisdiction

State Property Management Licensing Requirements: State-specific professional licensing and certification requirements for property managers

State Real Estate Laws: State regulations governing trust account handling and commission structures in real estate management

Municipal Housing Codes: Local regulations establishing maintenance, safety requirements, and inspection protocols for residential properties

Zoning Laws: Local regulations controlling property use restrictions, rental regulations, and required permits

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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