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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55703
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My property manager died and tenants skipped on rent. I

Customer Question

Hello,
JA: Hi. How can I help?
Customer: My property manager died and tenants skipped on rent. I found damage to the house and also found out he has not payed me late fees from the tenant for times adding up to 3 years. close to $700 worth. Can I go after the company for for not paying and miss handling of the property?
JA: Is there an easement or public access on the property line?
Customer: ?
JA: What confuses you?
Customer: The question about the basement or public access
JA: Where is the property located?
Customer: In lousiana
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Richard replied 2 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

Can you provide me a bit more information. Was your property manager working for a management company? And, is your management contract with that company? Thanks.

Customer: replied 2 months ago.
he was the owner so yes.
Expert:  Richard replied 2 months ago.

Thanks for your response. Yes, you most certainly can sue the company. Also, you can sue the tenant for any unpaid rent and damages in excess of any deposit. The management company had a fiduciary duty to you to manage your property, which includes collection the rent, paying you the net rent after expenses, evicting the tenant for any default and inspecting the property. It seems the property management company failed in most, if not, all of these. Therefore, the property management company is in breach of contract and liable to you for any and all damages suffered by you due to the company's default.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 2 months ago.
Can i still sue the company if the wife sold it? And who would have the rest of my rental folder? Should I get a lawyer or do this on my own?
Expert:  Richard replied 2 months ago.

It would depend whether or not the stock of the company was sold or simply the assets. If the former, the ownership change of the company would not impact the liability of the company. If the latter, then the new owner wouldn't be liable, but the company would still exist with the money rather than the assets and you could still sue the company as well. If the wife dissolved the company and took the cash from the sale, then, you could sue the wife and her deceased husband's estate.

Expert:  Richard replied 2 months ago.

Good evening. Just wanted to follow up. My screen indicates that you have not reviewed my response. Please let me know if you did not receive it so I can re-send it if necessary. Thank you! Richard