Let’s face it, renting can come with its share of frustrations. Whether it’s the endless bureaucracy of a rental property management company, among other issues, things can get sticky sometimes. Fortunately, if you feel that you’ve been wronged by a rental property management company, you can take legal action against them.
Elements of a Successful Lawsuit
To make a successful claim against a rental company, you’ll need three main elements. First, you must prove that you have a valid contract in place with the company. This can be complicated, especially if you’re a tenant, not the homeowner.
Next, you must prove that the property management company breached their duties, or didn’t fulfil their end of the contract. Finally, you must prove that you suffered financial loss or other harm as a result of their negligence.
Types of Cases
Common cases include rental fraud, negligence in leasing processes, tenant screening errors, and property damage disputes. In some cases, tenants may also be able to sue for emotional distress or punitive damages.
Hiring a Lawyer
If your case looks like it might have some legs, it’s best to hire a lawyer who specializes in property management law. They can walk you through the process of filing a lawsuit, help you build your case, and ensure your rights are protected.
Bottom Line
Though a lawsuit against a rental property management company can be a daunting prospect, it’s important to remember that you have rights, and that there may be legal recourse if you’ve been wronged. Should you decide to pursue a case, make sure to hire a property management lawyer and to gather as much evidence as possible. By following these steps, you will increase your chances of having a successful lawsuit.
FAQ
Can a Tenant Sue a Property Management Company?
Depending on the circumstances, a renter may be able to sue a rental property management company. If a renter’s rights have been violated or if they have been charged unlawfully, they may be able to sue the rental property management company to enforce these rights or seek compensation. It is recommended to seek legal advice to determine whether or not a case can be filed and the best steps to take to do so.
What would be a reason to sue rental property management company?
Common reasons to sue rental property management companies include: failure to make agreed-upon repairs, particularly those that violate habitability laws; violating the renter’s privacy rights; unlawfully charging fees or deposits; or refusing to return the renter’s security deposit in a timely manner.
What is the statute of limitations for filing a lawsuit against a rental property management company?
The statute of limitations for filing a lawsuit against a rental management company varies from state to state but typically ranges from two to five years. It is important to be aware of the local and state laws that are applicable to the rental property management company.
Can I sue a rental property management company for negligence?
Yes, you can sue a rental property management company for negligence. Generally, in order to bring a successful negligence case against a rental property management company, you must show that the company acted in a careless manner, that the carelessness caused your injury and that you suffered damages as a result of the carelessness.
Some examples of rental property management negligence include: failing to repair or correct hazards on the property; failing to adequately screen tenants; or failing to follow laws, regulations, or leases.
If you feel that a rental property management company has been negligent and you have suffered damages as a result of that negligence, you should consult with an experienced personal injury attorney to discuss your potential legal options.
Can I sue a rental property management company for breach of contract?
Yes, you can sue a rental property management company for breach of contract. However, you will need to prove that there was a valid contract in place and that the management company failed to perform their duties according to the terms of the agreement.
You will also need to prove that you suffered damages due to the breach. It is important to consult with a lawyer before filing a lawsuit to ensure that you have a valid case.
