MPI Property Management, LLC
Serving the Rental Community Since 1978
Sample
Management Agreement
In consideration
of the covenants herein contained,
MPI PROPERTY MANAGEMENT, LLC
(hereinafter called “AGENT”), and
________________________________
(hereafter called “OWNER”), agree as
follows:
1. The OWNER hereby employs the
AGENT for the following purposes: to
rent, maintain, and manage the
property located at (address) in the
City/Village/Town
of______________________, State of
Wisconsin (hereinafter “Property”).
See addendum “A” for multiple
properties if applicable. This
Agreement shall begin on ____
__________ (date), and shall end on
____________.
(termination date). Said Agreement
shall automatically renew yearly
unless either party hereto notifies
the other in writing (60) days prior
to the annual renewal date of its
intention to terminate this
Agreement on the Termination Date.
2. The AGENT hereby accepts the
employment and agrees:
a) To use due diligence in the
management of the property during
the Agreement term,
b) To render monthly statements of
receipts, expenses and charges
required to rent, maintain and
manage the Property.
c) To remit to OWNER monthly the net
proceeds from the Property. In the
event the disbursements shall be in
excess of the rents collected by
AGENT, OWNER hereby agrees to pay
such excess within five (5) days
after notice from the AGENT. AGENT
may at its option but is not so
required, advance funds on behalf of
the OWNER.
d) To deposit all funds collected
for OWNER in a Trust Account in a
national or state insured
institution qualified to engage in
the banking business. AGENT shall
not be held liable in the event of
bankruptcy or failure of the
financial institution.
3. OWNER hereby gives to AGENT the
following authority and powers and
agrees to assume the expenses in
connection herewith:
a) To advertise the availability for
rental of the Property or any part
thereof, including but not limited
to displaying “For Rent” signs; to
sign, renew and/or cancel leases or
rental agreements of one (1) year or
less for the Property or any part
thereof, including rental
concessions as inducements to
prospective tenants to occupy the
property; to collect rents due or
that become due and give receipts
for said rents; to terminate
tenancies and to sign and serve in
the name of the OWNER such notices
as are appropriate; and to institute
and prosecute eviction, small claims
and large claims civil court actions
and to recover possession of the
Property and collect judgments, and
when expedient, to settle,
compromise, and release such actions
or suits or reinstate such tenancies
b) To make or cause to be made
repairs, maintenance, alterations,
and redecorations of the Property.
Fees for said repairs shall be
billed at the rate of $39.00 per man
hour or $58.50 per man hour on
weekends and holidays, a $5 trip
charge with a one hour minimum, and
a reasonable price for materials for
the actual service if performed by
AGENT. Painting and cleaning shall
be billed at the rate of $32.00 per
man hour plus a $5 trip charge.
Should OWNER choose another
contractor, agent, or employee to
make any repairs OWNER shall not
hold AGENT responsible for any acts,
defaults or negligence. If AGENT
must contract out for any repairs,
maintenance, cleaning, alterations,
or redecorating, the cost to the
OWNER will be cost plus ten percent
(10%). All expense disbursements
including but not limited to AGENT’s
management fee, repairs,
maintenance, cleaning, alterations,
redecorating, attorneys’ fees,
utility bills, and any other charges
related to the operation of the
property shall be disbursed from the
Trust Account referred in paragraph
2d). AGENT agrees to secure prior
approval of OWNER on all
expenditures in excess of $500.00
for any one item, except monthly or
recurring operating charges and/or
emergency repairs in excess of the
maximum, if in the opinion of the
AGENT such repairs are necessary to
protect the property from damage or
to maintain services to tenants as
called for in their leases.
c) To make contracts in the name of
the OWNER at OWNER’s sole expense
for utilities at the Property
including but not limited to
electricity, gas, fuel, water,
telephone, or rubbish hauling and
other services as the AGENT shall
deem advisable.
d) To perform at AGENT’s discretion
or as reasonably requested by OWNER
other functions and services
including, but not limited to,
supervision of capital repairs or
improvements, restoration of damage
due to fire or other casualty for
such reasonable additional
compensation and upon such terms and
conditions as the parties shall
mutually agree.
4. OWNER further agrees:
a) To indemnify and hold AGENT
harmless from all damages, suits,
liability, loss or expense including
costs and reasonable attorneys’ fees
incurred by AGENT in connection with
management of the Property and from
liability from injury suffered by
any employee or other person
whomsoever, and to carry, at OWNER’s
expense all necessary public
liability insurance adequate to
protect the interests of the parties
hereto, said policies shall be so
written as to protect AGENT in the
same manner and to the same extent
they protect OWNER, and shall name
AGENT as an additional insured.
AGENT shall not be liable for any
error of judgment or for any mistake
of fact of law, or for anything
which it may do or refrain from
doing hereinafter, except in cases
of willful misconduct or gross
negligence.
b) To pay AGENT a minimum fee of
$____ per month as a management fee.
Any amounts payable hereunder may be
paid by AGENT from the accounts
established under paragraph 2d).
Should the accounts contain
insufficient funds to pay AGENT,
AGENT shall submit an invoice for
services hereunder, which OWNER
shall pay within five (5) days of
invoice date. Delinquent amounts
shall bear interest at the rate set
forth in paragraph 4(c). If AGENT
must appear in court for building
code violations as a result of
orders not being completed due to
the lack of funds or failure to
advise AGENT of receipt of such
orders, the AGENT shall be
reimbursed for their time spent in
court at the rate of $35.00 per hour
paid from the Trust Account refereed
to paragraph 2 (c).
c) To pay all statements within
thirty (30) days and to pay interest
at the rate of one and one half
percent (1.5%) per month on all
unpaid statements.
5. This Agreement may be terminated:
(a) By OWNER:
(1) Upon breach of a material term
hereof by AGENT and a failure to
cure same within thirty (30) days
after written notice by OWNER to
AGENT specifying such breach; or
(2) Immediately upon an act of
proven willful misconduct, theft or
fraud by AGENT.
(b) By AGENT:
(1) Upon OWNER’s breach of its
responsibilities hereunder or
failure to provide sufficient funds,
to provide authorization required
for AGENT to perform its duties
under the contract, or to perform
actions necessary for AGENT to
fulfill its responsibilities
hereunder within thirty (30) days
after written notice by AGENT to
OWNER specifying such breach unless
said breech is pursuant to paragraph
2c) of this Agreement; or
(2) Immediately upon AGENT becoming
aware of any breach of law,
regulation, ordinance or any other
governmental order existing on the
property.
(3) If this Agreement is terminated
pursuant to this paragraph for any
reason OWNER acknowledges that AGENT
will suffer significant damages
which are not capable of mitigation
because of the unique character of
this Agreement. Accordingly, OWNER
will pay AGENT, as liquidated
damages and not a penalty, a
termination fee equal to the average
management fee per month over the
prior six (6) months times the
number of months remaining in the
contract.
(c) By sale. If Property is sold
during the term of this contract a
60-day written notice prior to the
day of closing must be given for
termination of this Agreement to
occur without a termination fee. If
60-day written notice is not given
prior to the day of closing OWNER
will pay AGENT as liquidated damages
and not a penalty, a termination fee
equal to 2-months management fee.
Management fees will be assessed
through the day of closing and the
termination fee thereafter. If this
contract includes multiple
properties only the sold property
will be terminated from this
contract.
6. This Agreement shall be binding
upon the successors and assigns of
the AGENT, and the heirs,
administrators, executors,
successors and assigns of the OWNER.
7. All Security Deposits collected
by AGENT will be held in AGENTs
Trust Account.
8. A $__________ OWNER Deposit will
be held in AGENTs Trust Account to
be used when OWNER’s funds fall
below any amounts due.
IN WITNESS WHEREOF, the parties
hereto have affixed or caused to be
affixed their respective signatures;
Dated this ________ day of
_________________________ ,200__.
______________________________
_________________________________(seal)
OWNER SOCIAL SECURITY # OWNER
______________________________
_________________________________(seal)
OWNER SOCIAL SECURITY # OWNER
______________________________
_________________________________(seal)
WITNESS AGENT
MPI Property Management LLC
BY:
_____________________________________________________________