Q: Apartment switched property management companies after my lease ended... which one do I sue?
I'm filing a small claim against my previous apartment complex to get my unreturned security deposit.
The complex employed a new property management company AFTER I moved out.
Do I sue the property management company that was used when I signed the original lease or the new property management company? I assume I would also include the landlord entity for the apartment in the claim.
A: Generally, in landlord/tenant cases, you sue the landlord (or property owner) - not the property management company or property manager. The property manager typically is not the property owner and merely the landlord's agent who at all times is acting on behalf of the landlord. If the property manager acts beyond his or her authority, then you may have a cause of action against the property manager as well as the landlord. To determine whether a property manager is culpable may require a consultation with an attorney.
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