Can I take my property management to court for negligence?
My property management placed a lockbox on my rental property to have her “maintenace” vendor go in to touch up paint & repair an area. She calls to tell me that my appliances have been stolen & the “maintenance” guy is denying anything. No forced entry. After about a week or so, she says that her vendor is willing to pay a certain amount for replacement of the appliances. Meantime, I have purchased them, & I have still lost about $600 due to her negligence. I am asking her to pay the rest. If she refuses, can I take her to court? I am from out of state & I expect her to take care of my property. Just last month, she cost me additional monies from repair issue. I also want to fire her, but her agreement shows that should I terminate services, I have to pay all remaining monthly fees until leases on the properties end. But, because of this case – negligence, can I get out of it without her charging me? Thanks for any advise.
Thanks for the response. I did not know the property management places lock boxes for when she has them repair or fix issues. It is common sense to be onsite to allow maintenance person in the home, whether it’s the tenant or property manager & give a “key to the candy store”. I had to purchase the appliances ASAP because a tenant just moved-in!
I was not aware nor signed anything about lock boxes for repairs being done to the properties WITHOUT the property management being present. Hence, why I feel her “vendor” is responsible; she said he was the only one with the code to the lock box & if doesn’t pay for all, then she is reponsible. It’s been a week & she wasn’t even going to file a police report…I had to tell her to go do it & haven’t even received copies of it! It just seems that I do a lot of work. What gets me is that she is a broker/realtor, it’s her business, & she seems clueless with her job.
Ms. V.- to answer your question..she said she received a call from the “maintenance” guy saying they were gone. She DID NOT do a walk-through with the last tenant. We went to check out the place to make sure it was left OK & it was filthy! I had to call her & she had not even been to the property! I insisted on making sure all the cleaning, carpet cleaning & fixing the wall had to be fixed & taken out of the deposit of the previous tenant. I did sign for lock box to be placed on my properties.
Correction. I did NOT sign authorization for a lock box.
December 26th, 2009 at 5:03 am
I don’t know if you can charge her with negligence because you agreed to have the lock-box placed on the property. How can she be negligent, unless you can prove somehow that she knows it was the handyman and had similar problems with that person in the past.
As far as getting out of the contract without paying the penalties- you really only have to threaten her. Let her know that you are unhappy with her handling of your property and if she doesn’t let you out of the contract immediately you will report her to the real estate board and file charges due to her negligence. Then get her to release you without penalties in writing.
December 26th, 2009 at 5:56 am
I have several out of state rentals so I understand your issue. Did you agree to have the lockbox there? Maybe I just missed it. My manager had me sign a specific form allowing it. I just fired another management firm but I had a month-to-month arrangement.
My opinion is that you would have grounds to fire them since they are responsible to manage access into your property. Since a key was used, no matter who actually robbed you, it’s their responsibility. I’d speak to a lawyer in that state to be sure.
Out-of-state property owners must completely trust their managers and this is just not acceptable. If it were up to me, I’d fire them.
December 26th, 2009 at 6:24 am
How did she know that your appliances were stolen?
Since she knew, and there was no forced entry, the question is if the last tenant took them or the repair person. Did you do a walk through when the last tenant left?
File in small claims court for the total replacement cost of the appliances and other damages. You agreed to the lockbox, with the combination (or key if keyed lockbox) to be used under a certain condition. However the vendor was a subcontractor of her.
You also want to include the loss time of having a tenant there.
Include in your complaint that the judge terminate the management agreement for either negligence or dereliction of duties.