Can I collect property management fee from the tenant ? Cal this management fee be collected under HUF (hindu undivided family) account and agreement signed between the HUF and the tenant (instead of the landlord) ?
Asked 11 months ago in Property Law from Chennai, Tamil Nadu
1) state detailed facts of the case
2) who is the owner of premises?
3)Rental property management fees are paid when a landlord decides to hire a property management company to manage his or her properties
5) there must be specific provision for management or administration fees and that such a provision is required for a landlord or property management company to claim such fees.from tenant
1. Property is owned by the spouse (wife)
2. Can the husband collect a fixed management fee from the tenant under his HUF account or the company owned by HUF?
3 . the fixed management fee provisions will involve overAll management of the property on behalf on the owner, negotiating terms and conditions with the tenant and the landlord(liason) , rent collections and rent management (deposits, transfers) and ensuring premises are well managed etc
4. This agreement will be chargeable solely to the tenant
Asked 11 months ago
1) if property is owned by wife and she has entered into contract with the property management company for purpose of managing the property the husband can collect fixed management fee from tenant provided there is a clause in agreement to that effect
1. Does the rent agreement permit the collection of such fee? The fee can be payable to only the landlord which could be the HUF through its karta.
2. The husband cannot collect the management fee except if he is the landlord.
If the property has been given to any agency running property management business and the charges so paid, if had been agreed in the rental agreement, then can be charged by the landlord from the tenant.
The landlord may be individual or the karta of the HUF.
If there is no such clause in the rental agreement or in the terms and conditions, then it would not make any legal sense to collect such fee from the tenant and tenant may object or refuse.
If the property is owned by spouse, it means it is her individual property and the rental amount cannot be officially collected by even her husband giving his own receipts, hence there is no question of HUF coming into this.
The collection of property management fee will be illegal if there is no such clause in the rental agreement so decide what to do on this and your other questions or answered accordingly.