I leased my house to tenants (2-year lease) who had several "abuses" during their tenancy (always paid late, had to be served with 2 Notices to Pay Rent or Quit as well as a Notice of Termination of Tenancy, never paid late fees, and made unlawful "repair and deduct" adjustments to their rent). When the tenants moved out at the end of their lease, the total deductions for damage, cleaning fees, unpaid utilities
, and eviction
service exceeded the amount of the $1,875 security deposit
the tenants paid. I had a property manager for the two-year period.
The tenants took me to Small Claims court where I learned the property manager never served the tenants with the Notice of Termination of Tenancy (the property manager provided me with the CAR form which I completed, but apparently only mailed the tenants a letter via certified mail instead), but most importantly (the judge found for the tenants because of this), the property manager failed to provide the tenants with a report of the pre-move out inspection she performed with the tenants. The judge ruled that I had to pay the tenants the full security deposit ($1,875) plus court fee ($50).
Can I sue the property manager for negligence or breach of contract? If so, can I sue the property manager for the $1,925 plus an amount for damages