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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100053
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I red a property management company home. I am not happy

Customer Question

I hired a property management company for my home. I am not happy with their services as I don't think they are doing their job. Prior to my tenant moving in they never went to the home to inspect and make sure it was tenant ready. They sent a courier the day my tenant got their keys and he handed them there at the house. The cleaning com,any who was suppose to clean did not do a great job and the carpets were not clean. On top of that the tenant did a move in report and wrote the same 3 words for everything stained, worn , scratched. When I asked for the agents report there was not one but it said at the end of the move in sheet that if it was not turned in agents report would be deemed correct. I brought this to their attention and they said it was a non management fee to inspect or I had to use one of their vendors. My contact states that non management is defined as anything not related to tenant occupancy I believe this would be especially since it was listed on paperwork. They went to the house to reinspect after much arguments and this was after the tenant has been in the home over a week. Several issues cam up with the home and there is no evidence that is was not of the tenant since they never inspected. They expect me to do all these repairs now to this home. The carpet is a huge issue and the tenant agreed to me via that because I was not taking a pet deposit and charging pet rent she was fine with the carpet. She even told the cleaning crew when they returned to attempt to correct their mistake. They were unable to return and correct all of it because the tenant went on Facebook and blasted the company in a review and they said she was already difficult that they could not go out and complete the services. I paid money for them to clean and because she acted irrationally they could not return now they are pushing me to replace this carpet . I do have proof she accepted it in this condition. However now they are trying to say there is a leak int he foundation which is a lie we just lived there 2 weeks ago. This is a nightmare what can I do ? Thank you
Submitted: 9 months ago.
Category: Real Estate Law
Customer: replied 9 months ago.
I also need to add that one of the agents who came to my home from he company told them I knew it was wet. However I sent her a message before she came to my house telling her the I just cleaned my carpet and it was still damp from yesterday. I have that message. I could not figure out why it was still damp and asked her advice because I wanted to show the property right away. My carpet cleaner put out too much water and that was why. I dried the carpet and had no issues after at all. The carpet company who came can verify that because it was not damp when they got there. The management company tried to say I had to replace to based on the first statement and then I sent her the picture of the conversation and she changed her mind. I don't understand why they are calling me a liar and not protecting my investment and that is why I hired them . I do not want to have to pay for damages my tenant causes which I have no proof she did not cause damage before they were able to get there and inspect
Expert:  Ely replied 9 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am very sorry to hear about this situation. Can you please tell me what you wish to achieve here? For example: "I want to get out of the contract with my management company." Or, something else? What is your goal here?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 9 months ago.
I feel like they are not looking out for my best interest or even the tenants. I would like to get out of the contract however it does state they will get paid regardless if I cancel. Would I be able to legally end the contract without penalty ?
Expert:  Ely replied 9 months ago.
Thank you.
Breach of contract may be minor, or material.
A minor breach is substandard performance but one that does not cancel the contract.
A material breach goes to the "heart" of the matter wherein the performance is so bad, or nonexistent, that it validates the other party walking away from the contract.
Is it a minor or material breach? The Court would decide based on the following subjective factors:
1. The extent to which the injured party will be deprived of an expected benefit
2. The extent to which the party can be adequately compensated.
3. The extent to which the breaching party will suffer forfeiture.
4. The likelihood that the breaching party will cure their failure
5. The good faith of the breaching party.
What someone in your situation may wish to do is to allege that they have done such a bad job, so as to warrant a MATERIAL breach of contract. This would allow you to walk away without having to pay them, and in fact would require them to pay you (if there is a judgment) for any penalty.
The problem is that just because someone says that there is a breach of contract, does not make it so. Someone in your situation may have to file in Court to argue that there was a breach - material breach - to void the contract and to possibly have them liable for any damages.
This is if they force the issue. Someone in your situation can try to send them a letter (attorney recommended) threatening such a suit unless they simply agree to walk away. Perhaps they will, being wary from the litigation.
I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

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