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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35309
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I am having a real estate mgmt problem. I own a 30 unit

Customer Question

I am having a real estate mgmt problem. I own a 30 unit apartment building in ABQ. It was in rough shape. We are doing a repositioning. My mgmt company knew that and said they could do it. They are a very large company in several states. They have breached our contract in many ways. They have ignored many of my requests for information over the past 9 months and now they have stopped paying my bills. If they had insufficient funds, they were to notify me and give me 15 days to cure. Last week, I received notice form my bank that they had not paid my loan. I had to step in and pay it 10 days late. I received no notice from my mgmt company and they have all but ignored my questions as to what is going on with my property. They also have not paid the water bills since Sept. 1, again with no notice. I'm sure there are other unpaid bills. Every time I spoke with them in the past, I asked them if they needed any money or anything from me. They said no every time. They have now dropped me as a client as of November 30th. But they are paying none of my bills now. I am sure they will do the same next month. They are telling me I owe them over $20K. They have been paying themselves and not paying my bills or renting up the property. Is there a way I can stop them and take over everything immediately? Or do I pretty much need to suck it up and wait til we are separated and then pursue legal action if necessary.
Thank you.
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 month ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While you do have the ability to file a court action against the management company and seek an injunction to prevent them from taking any further action on your behalf based on their breach of contract and the ongoing harm that they are doing with may be irreparable, you can expect to pay a local business law attorney a retainer of as much as $10,000 just to get the lawsuit going.

You certainly don't need to do that though in order for you to begin paying the bills that they are not paying on your behalf. The only foreseeable loss to you will be the rent that they collect the first of November, but that alone may justify filing suit now.

You will of course want to get a business law attorney lined up for the lawsuit that will follow so that you can recover your losses based on their breach of contract at least after the end of November, if not before. You appear to have a meritorious claim against them for breach and you will want to pursue that as soon as possible so that you can recover control over your property.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 1 month ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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