Can I sue my property management company for breach of contract and negligence?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 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.
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