I have a home that I put up for rent in sept. of 1999. I hired a management company to handle all of the affairs of thehome (since I was then living 60 miles away). The management company was paid out of the rents every month as per our contract. They were in charge of screening tenants, doing inspections of the property, collecting rents, and any legal situation that would arise. Unfortunately, my tenants moved out in nov. of 2001 without notice, still owing nearly 3000 in rent and leaving the property damaged (holes in walls, fire in kitchen, rotting food on the floor, ruined carpeting, etc). The mamagement company sued the tenants and received a judgement against them for the amount of back rent, damages, and legal fees. Wages were garnished for about a month when the former tenants declared bk (ch. 13). I was not told about this until after the meeting of the creditors (which my management company did not attend). Now the same management company has turned me over to a collection agency (lawyers for the management wompany who by the way sued my tenants to get the moneys owed) for the amount of money that my tenants owed. They say that I must now pay them this money. This doesn't make sense to me. Any help? (Sorry this is so long, just wanted to get the facts out there) Thanks in advance.
There's a whole lotta crap goin on in here Challenged. To start with, probably a breach of contract case. Follow Jenz. Get a lawyer - yesterday. GL .
Yes, first get a good lawyer who specializes in contracts. To me it sounds as if you have a GREAT case for breach of contract, and negligence on their part. YOU should be SUING THEM FOR DAMAGES!! They have what is called a "fiduciary responsibility"; they should have notifed you of late rents, impending judgement case, BK proceedings, etc. Also, they CANNOT sue you for the amount the TENANTS OWED, ALL they could sue you for is their property management fee(% of rents I assume). The only case I can imagine for suing you for this amount is if they also handle your mortgage payments, property tax payments, etc. IF, they are "OUT OF POCKET" on certain expense related to the property, then they DO have grounds for those. But, GET A GOOD CONTRACT LAW ATTORNEY!! AND FILE A COUNTERSUIT IMMEDIATELY!!
Property management snafus are the #1 reason Florida R.E. brokers lose their licenses. It's brain surgery and rocket science all rolled up together ... to get it right you need a mental giant or a well-oiled team.
Re: Re: strange legal question...help plz Wow!, that is an interesting statistic! That also jogs my memory; a complaint should lodged against their Realtors Board of FL!
Re: Re: strange legal question...help plz Just as Butch and Bizwiz said...one attorney said that I probably have a breach of contract case, however, they are "very expensive to do"...You get screwed one way or another.
Re: Re: Re: strange legal question...help plz However, if you win, you can recover the costs. And there should be an attorney out there willing to take the case on a "contingency basis".
Re: Re: Re: strange legal question...help plz Thanks, I didn't even think of that. I was calling to retain someone I guess to defend my claim, I should be going on the offensive for such an offensive financial demand.
Re: Re: Re: strange legal question...help plz Oh horsefeathers. Find one who'll "advise" and do it yourself. .
Re: Re: Re: Re: strange legal question...help plz Sorry Butch, I usually agree with your statements, but..you know the "old Saying" about a "lawyer who has himeself as a client"!! This is a little too big (and emotional) to "DIY", better off to get "representation", it will also have more impact when PM company is served.
Re: Re: Re: Re: Re: strange legal question...help plz You're right Biz. I just didn't wanna see the OP pay a fortune.
Re: Re: Re: Re: Re: Re: strange legal question...help plz I completely agree, and there are many attorneys out there who will charge a fortune. But...there are MANY attorneys out there, many who are hungry. But it has been my experience that the "expensive" lawyers are often the ones that are worth it. My old atty in DC was worth his weight in gold.... P.S. Butch...(He was an SEC/NASD "specialist"!!, you know how those regs are!!)
Re: Re: Re: Re: Re: Re: strange legal question...help plz Thank you. I am still shopping for legal counsel. I am looking toward a gentleman whom we all know and love. I am going to call Mr. Shepard (Spears v. Brennan). It seems he may be able to help.
Re: Re: Re: Re: Re: Re: Re: strange legal question...help plz Good move. and Good Luck!! I'm sure you can win this one (profitably!!)
