Q: Can I charge my property management company in TX part of the repainting fee due to communication failure with tenants?
I am a landlord in Leander, TX, and my tenants repainted the house poorly against my requests and their own raised standards. Although I communicated these requests to the property management company, they failed to provide proof of communication to the tenants. There's no contract clause about tenant communications, and despite my efforts to charge the tenants, they denied receiving requests while the management company claimed it was a tenant's responsibility. With no contract terms to resolve disputes, can I charge the property management company part of the repainting fee, approximately $1000, if at all?
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A:
That’s a frustrating situation, especially when you relied on the property management company to act on your behalf and prevent exactly this kind of issue. In Texas, a property management company has a duty to follow your instructions and communicate with tenants according to your agreement. Even if your management contract doesn’t specifically mention tenant communication, they’re expected to carry out basic landlord duties responsibly, including passing along your requests and keeping a record of them.
If the repainting issue resulted from the management company’s failure to communicate or document your instructions, you may have grounds to hold them partially accountable. Since the tenants claim they never received your request and the company can’t prove otherwise, you could argue that their negligence contributed to the damage and cost. You can start by sending a formal written request to the property management company, outlining your concerns and asking them to reimburse part of the repainting expense.
If they refuse to take responsibility or offer a solution, you might consider mediation or filing a small claims case to recover your portion of the damages. Gather your communications, photos of the repainting, and any statements from the tenants. You’ve been proactive in trying to prevent the problem—it’s only fair to expect accountability when that trust is broken.
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