Can I sue my property manager?

[Spectrepilot]

What is the name of your state (only U.S. law)? South Carolina

First, thanks for this great site. I spent a lot of time reading through threads and the Faqs before posting and this is a great resource you are providing.

My circumstance is a bit unique so I need to provide some context for my questions. In short my situation follows;

I owe a four bedroom house in South Carolina that I have used as a rental property for the past 16 years. After evicting two tenants in a row for non-payment I switched to a property manager who assured me he did a thorough background check on all applicants. Nine months ago a representative of the property manager called and said they had an applicant that would like to rent my home and wanted a discount on the first months rent. I replied I was fine with that but I wanted a thorough background check. The representative cut me off before I could finish and said "we do a check on everyone and I would not have called you unless that was complete". She was a bit rude, but I had a good relationship with the overall manager so I did not say anything about it. Flash forward five months and the tenant is late on his rent. The property manager started eviction proceedings, but the tenant brought his bill current three weeks later.

All was well until last May when the tenant was again delinquent with the rent. The property manager started eviction proceedings that took six weeks to complete. Finally the tenant was removed by the sheriff's department on a Monday. I regained control of the property to find it trashed. The next day the former tenant walking into a bank and robbed it at gun point. There was a chase and after an accident he was captured. It turns out he was a serial bank robber and has now been charged with five other bank robberies and is under investigation for others.

In discussions with the property manager I asked how such a person got into my home. The property manager assured me he did a thorough background check and the guy had a clean "rap sheet" and good credit. Just last week I found out that was not true. In fact, the former tenant was a convicted felon (armed robbery), and was released on parole a few months before he rented my home. I provided that information to the property manager who will no longer talk to me, however, he had the company he used for the background check contact me. I spoke with a supervisor at that company in Augusta Ga. yesterday and he told me there was a problem with sub-contractor vendor they use in Atlanta that was not checking the federal crime database. He never apologized, but told me they were addressing the issue.

I want to do something and realize it may be futile, but it who bears the blame for their process not working?...the property manager, the first company or the second vendor?

Again I really appreciate the resource and any suggestions you can provide.

 

[ecmst12]

I think firing them will accomplish more than suing them, personally.

 

[Spectrepilot]

I think firing them will accomplish more than suing them, personally.

I already fired them...but I am out thousands of dollars in damage the Felon did to my property. I want to pursue recovery of those funds but I am sure as to the train of liability.

 

[strongbus]

You would sue the former tenant for that. Anyone could have done that. 10-1 if you read your contact with the property manager it will have something to protect them form something like this. Would read something as to you can't hold them accountable if they get false info doing background check or such on tenant. As for the place that dose the background check and their vendor you didn't have a contact with them so if you try suing them you more then likey would lose.

 

[John_DFW]

was released on parole a few months before he rented my home.

I hate to say it, but the property management did perform a background check, as flawed as it may be, so that would be their defense.

The above pokes a pretty big hole in their defense, IF your contract requires them to verify previous residences. Either the tenant used the jail as the previous address, or used a false address they failed to verify.