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A recent discussion in the IREM Group on LinkedIn inspired this article. John Wilhoit Jr. made the point that property managers must stick to procedures, but must also constantly communicate. I would like to add that along with following procedures and open communications, a fundamental attribute of the best property managers is keeping an open mind and contemplating ramifications of their actions before they act. Property managers must resist the laziness of “blind obedience” and make a reasonable effort to think about what they are about to do, before they do it.

The landlord’s property management policies and procedures are guidelines to be followed—unless there is good reason not to follow them. While it’s reasonable for property owners to expect their property managers to follow them, since property managers are the landlord’s “boots on the ground,” it’s imperative that the property manager communicate with the landlord all facts and circumstances the landlord might consider in determining if standard policies and procedures should be followed or exceptions made. Communicating with the tenant is a fundamental part in acquiring the facts and circumstances necessary for the landlord’s evaluation. It should be noted that the tenant’s failure or refusal to communicate with the property manager may be just as significant as what was actually or assertively communicated by and between the property manager and the tenant.

I am not suggesting that property managers, who lack the authority to take independent action, take action without consultation with their supervisors or the landlord.

The property manager is the liaison, or conduit, between the landlord and tenant. As Mr. Wilhoit suggests, not all problems are best solved by legal intervention. As an attorney, I affirm that I’m best used to help avoid legal resolution or help resolve it in instances in which the landlord and tenant are unable to resolve issues on their own.

Keeping the lines of communication open between the landlord and tenant is fundamental to common sense resolutions to issues that arise during the term of a lease. No matter how well written you think the lease is, there will always be issues that arise. No matter how well you think your policies and procedures are written, exceptions can always arise that will allow for more common sense solutions than litigation.

By Howard Klein

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