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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 54762
Experience:  Experience representing landlords and tenants.
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I own a property in Clarksville, TN which is currently

Customer Question

I own a property in Clarksville, TN which is currently managed by a company (Im in the military and stationed in another state). The company has failed to find a renter for over a year, when I never had problems renting the property when I managed it myself. Magically, the week my contract was to expire with them they found a renter. Unfortunately when they went to do final prep the day before the tenant moved in, they discovered a water leak in the kitchen and dining room that had soaked into the subfloor. The guy told me he had noticed water on the floor a few weeks earlier but had just wiped it up and never came back to check it. The leak, he claims, was coming frm the dishwasher line and the fridge line, appliances that hadnt been used in a year in theory since there hadnt been anyone living there. He told me he wasnt worried about it because my insurance should cover it, however my insurance company had different ideas. Furthermore, my insurance company asked for several quotes, which I asked the management company for. I received one several weeks later, and am still waiting on the others after now 3 months of waiting. Ive since lost the supposed tenant since she was willing to wait only 2 weeks for the repairs. Im also concerned that the leak was caused by frozen water lines since the appliances were on an outside wall and I dont see and heating bills on the list of what I owe the management company, only water bills. I specifically emailed and asked them to confirm that the heat was on this winter, to which I received no reply. My contract is now up with them technically but I am continuing to work with them to try and get this situation fixed. I will be switching companies as soon as that is done. What legal recourse do I have for the loss of income and damages here?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.

I am sorry to hear of this problem. The delay in finding a tenant and dealing with repairs is not acceptable. Practically, changing managers/brokers is key. Second, the unreasonable delay and resulting loss give rise to a claim for breach of contract and breach of good faith and fair dealing, along with fiduciary duty. I wonder if they rented it out, collected funds, and didnt report as well. You can pursue a claim in state court for damages based on the breach, and may elect to have a lawyer handle on commission fee basis so you need more pay fees and also often need not be physically/personally involved if out of state etc.

Expert:  Infolawyer replied 1 year ago.

Kindly let me know if that is clear and acceptable.

Expert:  Infolawyer replied 1 year ago.

Please rate the answer positively.

Customer: replied 1 year ago.
Should I let them finish handling this situation or switch property managers now? What types of information/paperwork should I get from them before I cut ties and start legal action? Figure that'll make them a lot less responsive. ..
Expert:  Infolawyer replied 1 year ago.

I would look for a new manager and do the change once have someone in place. I would not cut ties until you can make a smooth transition. In the meantime, let them try to remedy the problem.

Expert:  Infolawyer replied 1 year ago.

Kindly rate the answer as excellent.