Seeking Colorado Real Estate Attorney for Property Management Dispute

[Norman Dean]

Hello Everyone,

I am in need of recommendations for a reputable Colorado real estate attorney or legal counsel experienced in dealing with disputes involving property management companies. We have recently had to fire a property management company and are dealing with a mountain of issues.  Most notably they are holding our tenants security deposit and not turning it over to our new management company. 

Here’s a brief overview of the situation:

False Maintenance and Repair Charges: The property management company has charged us thousands of dollars for maintenance and repairs that were never performed. We have documented proof, including photographs, showing that the work they claimed to have completed was not done.  They are now continuing to hold our last months check and pre-deposited maintenance funds.  In addition, they are claiming charges over $1,000 all of which were unapproved by us and specifically called out in our management agreement that anything over $500 is not allowed without approval from us.

Up charging and Double Charging: We have been subjected to inflated charges for basic services and have identified multiple instances of double billing.  They appear to use the same vendor for just about every invoice they are claiming.  Things as simple as home cleaning fees are close to $2,000.  Annual Furnace maintenance approaching $1,000.  

Security Deposit Issues: Despite providing a 30-day notice, as specified in our contract, the company has failed to transfer the security deposit of our current tenants to our new property management company, which is a breach of our agreement and likely state regulations.

Lack of Cooperation: Our new property management company has faced significant challenges in getting responses and cooperation from the previous management company.  They have not returned their calls for the security deposit status nor turned over a number of information needed to properly manage the property.

Ethical Concerns: We have substantial ethical concerns regarding promises made by the company that have not been fulfilled.  We have outright been lied to on numerous occasions about work that was performed.  We believe there may be issues related to kickbacks or other unethical business practices involving service providers.  I would even go as far as outright fraud is possible.

We have spoken with other landlords who have experienced similar issues with this company. Additionally, there are numerous BBB filings against them, and we have attempted to resolve these issues through the BBB.

Currently, we are looking for legal assistance to draft a demand letter that may help us gain more traction with the property management company. If anyone has recommendations for a skilled attorney or legal counsel in Colorado who can assist us with this matter, we would greatly appreciate it.  I would also just like to find out what other legal avenues we have to try and get some of our funds back from this company.

Thank you in advance for your help!

Best regards,

Wes Dean