How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I leased my house to tenants (2-year lease) who had several

Customer Question

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?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

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?

.

If this was covered under the contractual duties that the management company was responsible for, then yes, they have breached the contract by not performing the duties they were assigned which resulted in you being liable for damages to the tenant. So their negligence in failing to perform their duties are the proximate cause of your injuries and you would have grounds to sue them in small claims court for reimbursement.

.

.

thanks

Barrister

Related Real Estate Law Questions