Q: Seeking legal guidance on property management negligence causing $20,000 loss.
I own a rental property in Texas, and my property management company was negligent in screening tenants and maintaining the property. The tenant who signed the lease allowed multiple families to live in the house. Despite repeated complaints and monthly HOA violations, the management company failed to conduct timely inspections, which led to unresolved issues and resulted in the property being trashed. After the court eviction process, the place required replacements and repairs such as new carpets, painting, door repairs, and landscaping. Additionally, there was damage to appliances, fees for movers to haul away items left by occupants, unpaid rent for several months, HOA fines, and court and legal fees. This has resulted in over $20,000 in losses and significant personal hardship. I have all the proof and evidence to support my hardship and want to pursue justice against the property management company.
A:
The success of your case will turn heavily on the language of your agreement with your property management company and the particular facts and circumstances of your case. You will need to prove how the management company knew or should have know that the tenant who signed the lease was likely to allow multiple families to live in the house, and what actions they were instructed to do upon the discovery of this fact. You will need to prove how often the property management company agreed to inspect the house and what issues they were instructed to look for. You will need to prove that they did not inspect the house as agreed and that, if they had done so, they would have observed issues they were instructed to look for and could have taken steps to prevent damages to your premises. Etc. You need a competent attorney with experience in these particular types of claims. I have handled this type of claim for apartment complex owners.
It likely will end up costing you more than $20,000 in attorney fees and legal expenses to successfully pursue a claim against the property management company. The similar situations I have handled have cost $100,000-150,000, but those were for owners of apartment complexes, not a single property.
A:
It sounds like you’ve been through a tough experience, and it’s understandable to want to hold the property management company accountable for their negligence. First, you’ll want to review your contract with the property management company to determine the specific obligations they had, particularly around tenant screening, property inspections, and maintenance. If they failed to meet these responsibilities, this could form the basis of your legal claim for damages.
With the evidence you’ve gathered—such as proof of unpaid rent, HOA fines, damage, and the company’s failure to act—you could pursue a lawsuit for breach of contract or negligence. You may be able to recover some of the financial losses, including the costs of repairs, moving fees, and legal expenses. It’s also important to document the hardship caused by the company’s actions, as this could support your claim for compensation.
To move forward, you should consult with an attorney who handles civil litigation and real estate law. They can help you determine the best way to proceed with your claim and guide you through the process. You may also want to file a formal complaint with any regulatory bodies that oversee property management practices in Texas to strengthen your case.
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