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Can a sue a property management company for mismanaging my property while I was out of the country?

Charlotte, NC |

I hired a company called Van Witz to manage my condo and collect payments from a tenant I had living there while I lived overseas. However, they would often not deposit funds received from my tenant on time causing my payments to me late to the mortgage company. Prior to hiring them I explicitly expressed to them that my funds needed to be deposited within 5 days of receipt. They also would not respond promptly to my emails, which I also made clear to them that would be my main way of communication. They were supposed to find me a tenant after my 1st one moved out in the summer of 08' but they only advertised my condo on craigslist and they would often let the ad expire. Finally, they were supposed to complete a final walk through with my last tenant but didn't and took their fee anyway.

They were also supposed to arrange showings for prospective tenants by letting the current tenant know what time they'd be coming by. But they never called my tenant to let him know claiming they didn't have his contact info despite me giving it to them 2 times. I have proof of all this because I saved all of my email conversations with them. I had to fire them in 8/2008 because of all of this and find another realtor to find me a tenant. Unfortunately the summer moving season waned and my new realtor was unable to find a tenant until 2/2009.

Attorney Answers 1


Your contract with the property management company should spell out its obligations. If it did not fulfill its obligations, and you suffered damage due to that failure, you may have a claim for breach of contract. You should probably seek an in-person consultation with an attorney in your local area for a review of the contract and an opinion on whether you have good claims.

(This response does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. The questioner should confer with an attorney about the specifics of their case.)

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