The City of Overland Park has lost their minds on their proposed new city licensing of rental properties. Their new legislation would make property managers responsible, financially, for deferred maintenance of properties under their care.
Now, as an owner you may think this is great. I can tell you will not have any property manager taking part in that program…at least at their current rates. Simply put, for all Overland Park rental properties I would have to re-evaluate my management agreements and raise hefty reserves and cost mitigation strategies. Who ultimately pays? The owner. Then the tenant.
Here is the link to what they are proposing for rental properties;
Click to access Att-E-Rental-Licensing-Ordinance-Draft-1-20-16-Google-Docs.pdf
Here is the snippet of concern in 5.75.060 A5;
The Owner’s Agent shall be jointly and severablly liable with the Owner for;
Are you kidding me? How can a city of any stature make me responsible for a property I do not own? What is going on here? This is still America, right?
To express your thoughts on this go immediately to;
This must be corrected or property management in Overland Park will get much worse or much more expensive. Either way it doesn’t serve the public interest.
Cities have a love-hate relationship with rental properties.
You will have to re-write your management contact to be able to fire clients that won’t maintain their properties with short notice and make compliance costs you incur paid to you from rent proceeds. Also, you will have to re-write your leases so failure to comply with City standards is grounds for eviction and costs to comply are due as additional rent, if that is enforceable.
If you can’t legally evict for non-compliance or make tenants comply at their cost, that’s a basis for sitting down with politicians to make them see reason here.
The lawyers will see most of the benefit from this idea if it is implemented.
AI – good to hear from you again! Yes, all those things are true. We have generally been isolated from idiocy here in the midwest but sooner or later stupidity and over-regulation always moves from the east and west coast to here.
My guess is some city councilman in a posh neighborhood has a rental next to him.
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