In BC, Canada, if a tenancy agreement is signed by a brokerage/property manager on behalf the landlord, and the property manager's contract is terminated early, will that make the tenancy agreement invalid? Does the tenant need to re-sign with the landlord directly? Or does nothing need to be done?
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1 Answer
on behalf means that the party of the agreement is the landlord, not the property manager. The contract both entitles and obliges the landlord, not the property manager. The property manager is not a party of the contract.
So the fact that the property manager is fired completely unrelated to the existing contract.
Additionally, in most jurisdictions that I know of, even if the property changed ownership (the landlord sold or gifted it, or the landlord died and it was inherited by someone) the contract would still be in force, as the change of situations would not invalidated the rights and obligations of the other parties.
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Even if the PM signed against instructions it would still bind the landlord and tenant. Any issues would be between the landlord and agent.– Dale M ♦Commented Oct 25, 2020 at 11:21
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Broker said they are bound by tenancy agreement and need to terminate lease agreement with tenant, refund rental to tenant and landlord sign new lease agreement with tenant. Nonsense? Can we ask for management fee refund (they charged 12 mths in one go cuz 12 mths paid full upfront) in early termination? Commented Oct 25, 2020 at 11:24
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@AnxiousMind it is not nonsense, the contract is still valid and must be terminated in a proper way. You may ask management whatever you want, if you are entitled to it will depend on the circunstance and the contract you have with them. You should check with a lawyer if you are entitled to something because this site is not for legal advice (and I Am Not A Lawyer).– SJuan76Commented Oct 25, 2020 at 15:49