Unpaid rent by tenant

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Unpaid rent by tenant

I have investment property that is managed by a management company, The management company collects rent, makes repairs and does all the communication with the tenant. I have never met the tenant. The tenant did not pay rent for June 2019 and a eviction notice was filed. The court date was July 8, 2019 at 9:00 a.m. The management company failed to show up in court so the judge dismissed the eviction notice causing me to not collect any rent for June 2019. Can the management company be held liable for the amount of rent due because of negligence in showing up for court? Also the tenant failed to pay July 2019 rent and the lease expires at the end of July.

Asked on July 22, 2019 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

In theory, you could sue the management company for professional negligence (unreasonable carelessness) in how they discharged their responsibilties, but you would have to prove in court, such as with the testimony of some "expert" (e.g. another property manager) that what your property management company did was in fact unprofessional negligent and against industry standards. Since you'd presumably have to pay the testifying property manager for his or her time, the lawsuit may not be economically viable in terms of the amount you hope to get back vs. the time and money you'd need to invest in the suit.


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