Can I sue my property management company for breach of contract and negligence?

UPDATED: Jun 15, 2011

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Can I sue my property management company for breach of contract and negligence?

I have a property out of state. I recently went to check on it because I had an uneasy feeling about things. I have had new windows to put in for months. Property manager wouldn’t go over to let the guy in to put them in. She didn’t have time for a month. When I went to the property, I found garbage all over, 4 broken windows, and inside had dog feces/garbage like you would not believe! No pets allowed! Water company said no water to the property for 7 months. Tenants took showers at neighbor’s house. The people on the lease weren’t the ones that were occupying the home. Damages $7000-$10,000

Asked on June 15, 2011 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Yes, you should be able to sue the property managment company. There are three possible theories:

1) Breach of contract--they didn't provide the services they were contracted to and for which you paid them; this constitutes a breach of contract.

2) Negligence--they negligently or carelessly allowed damage and other losses to property for which they had a duty to take care and manage.

3) Fraud--if they falses represented to you that they would do certain things, in order to get you to sign up, all the while knowing or intending that they would not, this may be fraud.

Therefore, you have a good chance of being able to receive compensation, such as the cost of repairs, any lost income (if you lost tenants), etc. It would worthwhile for you to consult with an attorney to explore your options. Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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