What is the name of your state (only U.S. law)? Wisconsin
Just fired our property manager this week, and after finding out details from tenants, we are considering suing them for negligence or breach of contract. Some of the major issues are detailed here:
1) In their contract, they agree to collect back rent, post eviction notices, and evict tenants when they are not paying their rent. We have 3 tenants who have moved out owing approximately $500, $2500, and $5500 each. No eviction notices or proceedings were ever started by the company, they were allowed to stay until their lease was up.
2) They agree to handle all maintenance issues. After firing them, we went into some of the units (all occupied). One unit had mold growing in multiple areas of the apartment, back door had a solid inch gap when latched, freezer made horrible noises when running, oven and 3 of the 4 burners on the stove didn't work, and the toilet "sweat" so bad, they had a towel under it that would get soaked through every day. The tenant said they have contacted the manager several times and nothing was done. The mold, they were told to spray with bleach and run a dehumidifier, the maintenance never looked at the issue, tenants did that but it continually comes back.
3) Many other smaller issues, lights burnt out in common areas that never get fixed, plowing takes far too long and isn't done adequately, a buildup of trash on the property, etc...
Uncollected rent alone accounts for over $8000, then we're looking at well over $5000 to handle back maintenance issues. Would we possibly have a case for breach of contract and/or negligence on the part of the management company? Thank you for your help/advice/thoughts.What is the name of your state (only U.S. law)?
Just fired our property manager this week, and after finding out details from tenants, we are considering suing them for negligence or breach of contract. Some of the major issues are detailed here:
1) In their contract, they agree to collect back rent, post eviction notices, and evict tenants when they are not paying their rent. We have 3 tenants who have moved out owing approximately $500, $2500, and $5500 each. No eviction notices or proceedings were ever started by the company, they were allowed to stay until their lease was up.
2) They agree to handle all maintenance issues. After firing them, we went into some of the units (all occupied). One unit had mold growing in multiple areas of the apartment, back door had a solid inch gap when latched, freezer made horrible noises when running, oven and 3 of the 4 burners on the stove didn't work, and the toilet "sweat" so bad, they had a towel under it that would get soaked through every day. The tenant said they have contacted the manager several times and nothing was done. The mold, they were told to spray with bleach and run a dehumidifier, the maintenance never looked at the issue, tenants did that but it continually comes back.
3) Many other smaller issues, lights burnt out in common areas that never get fixed, plowing takes far too long and isn't done adequately, a buildup of trash on the property, etc...
Uncollected rent alone accounts for over $8000, then we're looking at well over $5000 to handle back maintenance issues. Would we possibly have a case for breach of contract and/or negligence on the part of the management company? Thank you for your help/advice/thoughts.What is the name of your state (only U.S. law)?