Property Management Contract for the United States

Property Management Contract Template for United States

A Property Management Contract is a legally binding agreement used in the United States that establishes the terms and conditions under which a property management company will oversee and manage real estate on behalf of the property owner. This document outlines the scope of services, responsibilities, compensation structure, and operational procedures while ensuring compliance with federal, state, and local property management laws. It includes provisions for tenant management, maintenance, financial reporting, and emergency procedures, while protecting both parties' interests through clearly defined terms and conditions.

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What is a Property Management Contract?

The Property Management Contract serves as the cornerstone document for delegating property management responsibilities in the United States real estate sector. This agreement is essential when property owners wish to engage professional management services for their real estate assets, whether residential, commercial, or mixed-use properties. The contract comprehensively addresses crucial aspects such as property maintenance, tenant relations, financial management, and regulatory compliance, while clearly defining the roles and responsibilities of both parties. It's particularly important in ensuring compliance with various federal regulations including the Fair Housing Act, state-specific property management laws, and local housing codes. Property owners typically utilize this contract when they require professional expertise in managing their properties, lack the time or resources for direct management, or seek to optimize their property's performance through professional oversight.

What sections should be included in a Property Management Contract?

1. Parties: Identification of property owner and property management company, including legal names and addresses

2. Background: Brief context about the property and the purpose of the management agreement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of property management duties and responsibilities

5. Term and Termination: Duration of agreement and conditions for termination

6. Compensation: Management fees, payment terms, and additional fee structures

7. Property Manager's Authority: Extent and limitations of manager's decision-making power

8. Owner's Responsibilities: Obligations and duties of the property owner

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

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

2. Marketing Services: Terms for advertising and tenant procurement - include when marketing is part of the services

3. Construction Management: Terms for overseeing renovations or improvements - include when property requires significant maintenance or improvements

4. Special Requirements: Property-specific management requirements - include for properties with unique features or requirements

What schedules should be included in a Property Management Contract?

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

2. Fee Schedule: Detailed breakdown of all fees and charges

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

4. Insurance Requirements: Details of required insurance coverage

5. Maintenance Schedule: Regular maintenance tasks and frequencies

6. Emergency Contact List: List of emergency contacts and procedures

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Clauses
Industries

Fair Housing Act (FHA): Federal law prohibiting discrimination in housing transactions based on race, color, religion, sex, national origin, disability, or familial status

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled persons and accessibility in public spaces

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

Federal Lead-Based Paint Laws: Regulations requiring disclosure of known lead-based paint hazards in properties built before 1978

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

State Property Management Laws: State-specific regulations governing property management activities, licensing requirements, and operational standards

State Landlord-Tenant Laws: State-specific laws governing the relationship between property owners and tenants, including rights and responsibilities

State Security Deposit Laws: State-specific regulations regarding the handling, storage, and return of tenant security deposits

Local Housing Codes: Municipal regulations establishing minimum standards for residential properties and maintenance requirements

RESPA (Real Estate Settlement Procedures Act): Federal law governing real estate transactions and requiring disclosure of settlement procedures

State Contract Laws: State-specific laws governing contract formation, enforcement, and remedies

IRS Regulations: Federal tax regulations regarding the reporting and treatment of rental income and property management fees

Professional Liability Insurance Requirements: State and industry requirements for maintaining professional liability insurance coverage for property management activities

Trust Account Regulations: State-specific banking laws governing the handling and maintenance of client trust accounts

Fair Labor Standards Act: Federal law establishing standards for employment relationships, including minimum wage and overtime requirements

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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