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I have a apartment in Newport News,. I contracted a

I have a apartment in...
I have a apartment in Newport News, Virginia. I contracted a management company to manage the apartment. The tenant was regularly late in their payment of the rent, which lead to them being taken to court. Before the management company got possession of the apartment the tent left, leaving the apartment in complete chaos with a lot of damage.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: I want to know if I could take legal action against the management company for failure to fulfill their obligation of conducting routine inspection of the apartment to ensure the up keeping of the same. Yes. the property is located in Newport News VIRGINIA.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: the terms of the lease were simple, the tenant was to keep the turn in the place at the end of their lease in similar conditions as it was at the time of them moving in. And the management company was to conduct periodic inspection to ensure that the plane was not being destroyed as it was.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No. at this time.
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Answered in 10 minutes by:
11/15/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,478
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thank you very much for your patience. The answer to your question is yes. You may be able to sue for negligence and breach of contract. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

Regardless, you'll be able to go after them likely under those two causes of action. Did you have any other questions for me?

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Customer reply replied 29 days ago
That was my main question. At this time I do not have any more questions.

Perfect. There’s just a few other things I’d like you to know before we wrap up this conversation:

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  2. For your benefit, you can also click here in the future to request me individually.

  3. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

  4. Don’t forget to tell your friends about justanswer.com!

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 6,478
Experience: Licensed to practice before state and federal court
Verified
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Legal Eagle
Legal Eagle
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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