Q: Can a property manager be held liable for not exercising due diligence?
My property manager did not exercise due diligence in filing proper paperwork for failure to pay rent notice with courts, leading to tenants staying in my home for 4 months without paying rent.
My question is, can they be held liable for not filing the 1st notice in a timely manner?
Also, the tenant did not pay rent for 4 months and they want me to pay for the cost of filing the 2,3 and 4th court filings.
But, had they filed the 1st notice with the courts correctly, I believe the tenants would have been out of my house sooner than the 4 months they took to get out of there and that was only because they knew they were going to be evicted.
A: This will not be covered by General Tort Law, but is a matter controlled by your contract with the manager. Any damages beyond the contract are likely to be barred by the Economic Loss Rule. You should get a consult with a lawyer to determine whether your contract has been breached, and you probably need a new property manager and a better contract that specifies your expectations and the damages for failing to meet them.
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