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What grounds can I sue a property management firm who

What grounds can I...

What grounds can I sue a property management firm who entered my condo without notice or even a phone call. NOt the HOA, the lady who works for the property management co

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state the association is in?

Florida

Lawyer's Assistant: Has anything been filed or reported?

I filed a report with the police, who came out but said it was a civil matter. I reported it to the Dept. of professional and business regulation and they also said I should consult a lawyer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ah, I have a biz meeting, can we hold this for 20 minutes? I thought it was a chat whereby I enter info and then the next day I get an answer, not immediately

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Answered in 5 minutes by:
3/9/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
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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Customer reply replied 4 months ago
do you have an answer for me re: what grounds can I sue for

This appears to be a trespass to land and a breach of contract. Trespass to land occurs when someone enters onto the land of another. They do not have to intend to enter onto the land, they just have to be on the land of another without authorization. A person is not a trespasser if they were invited onto the land (e.g. houseguest) or if they are contractually obligated to be on the land (e.g. an employee at the corporate office). Otherwise, it’s a trespass. A trespass can even occur if a defendant causes someone or something to enter onto the land as well. The usual measure of damages are either nominal damages (one dollar) if there is no actual harm done to the land or actual damages if there is harm done (e.g. if the ground has been demolished by a vehicle on the land).

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. In this case, you are an intended third-party beneficiary of the HOA-Property Management contract, meaning that you have the same rights as the HOA does in enforcing the agreement. By failing to provide notice they are coming in, that is a breach of contract. 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 you can download the forms right after purchasing. Click here to get started. What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
Can I get punitive damages?

It depends on whether they caused any significant damage while being on your property. If they killed a pet bird or ripped your prized flowers out of the ground, possibly, but if they were just on the land, punitive damages probably wouldn't sustain.

Did you have any other questions for me today?

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Customer reply replied 4 months ago
they caused a few hundred dollars of damage as my worker was putting down tile and the property manager walked on wet tile. If I can't get punitive then small claims is likely the best bet
Customer reply replied 4 months ago
other thoughts - I'm really ticked at this invasion of my home.

I see what you mean. I think that punitive damages may be difficult because they are difficult in any case; however, I do believe that if they caused damages to your property, you certainly could recover for that, plus your court costs.

How else can I help you today?

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Customer reply replied 4 months ago
thank you.

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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.

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