Tenant Owed Money and Destroyed the Property

Tenant Owed Money and Destroyed the Property

Phoenixville PA · Member since 2015 · 13 posts · 2 votes

Hello, 

I rented out a rental property to a family. They stayed at the property for three years but never paid rent on time. I had enough of them and decided to vacate them since they stopped paying the rent. My property management company delayed the eviction process in which they missed a court hearing. By the time next court hearing was held and the tenant was evicted with the help of constable, the tenant owned about $3,500 in rent and utilities. They also busted all the doors, electric faceplates, holes in the walls, and left the house in a filthy condition with the tons of trash. The repair estimate was $1,800 for the doors and clean up. The property management company is sending the balance to collection with their collection company they use. What should be the best course of action here for me? Contact an attorney and take the tenant to small claim court? Or, ask the property management company to cover part the delayed rent for their negligence in not appearing in the court for the first time and not filing the case timely? Actually, the property management company representative lied to me that they appeared in the court and the court made an arrangement with the tenant to pay $400 a week. I found out that was a lie once i called the court myself. The property is in the Pennsylvania Reading area, but not in Reading itself. 

What have I done so far - 

1. Emailed the property management company asking what they are offering for their mistake. 

2. Contacted a few attorney in the county but no luck finding anyone attorney. Most of them said they do not handle landlord / tenant issues. 

3. I am thinking of garnishing their wage but I do not have their pay stub or employer information. 

Could you please advise what I should do?


Thank you for you help in advance. 

Sam

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Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
3y

Fire the PM. Mistakes happen, but lies are intentional and they just proved you can't trust them. 

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  • Visalia-Fresno, CA · Member since 2009 · 1k+ posts · 863 votes
    3y

    I've been in your boat a few times.  Best advice is to get it rented out asap and move on.  Our energy is more valuable than what you could potentially financially recover. 

  • Columbus, OH · Member since 2023 · 427 posts · 254 votes
    3y

    Explore actions with the PM as they are more likely to be held accountable. As far as the tenants go, do what you can but unfortunately in circumstances like these there's not much more you can do. Fill the vacancy and keep it moving. 

  • Phoenixville PA · Member since 2015 · 13 posts · 2 votes
    3y

    @Franklin Romine and @Account Closed Thanks for your advise! 

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y

    Fire the PM. Mistakes happen, but lies are intentional and they just proved you can't trust them. 

  • Phoenixville PA · Member since 2015 · 13 posts · 2 votes
    3y
    Quote from @Greg M.:

    Fire the PM. Mistakes happen, but lies are intentional and they just proved you can't trust them. 


     Thanks Greg! I was thinking of doing that. I have a question. When the property management company is using their collection agency to collect the money from the tenant, how will I get notified when the money is collected and I do not have a good terms with them?

  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    3y
    Quote from @Shyam Sah:

     I suspect that "their collection agency" is just an independent collection agency that they routinely place business through. Contact the collection agency and let them know you fired the PM and to contact contact you directly. 

  • Phoenixville PA · Member since 2015 · 13 posts · 2 votes
    3y
    Quote from @Greg M.:
    Quote from @Shyam Sah:

     I suspect that "their collection agency" is just an independent collection agency that they routinely place business through. Contact the collection agency and let them know you fired the PM and to contact contact you directly. 

    Sounds good. I will do that. Thank you. 
  • Nathan GesnerBusiness Member
    Moderator
    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    3y
    Quote from @Shyam Sah:

    1. You can write the money off. You'll probably never collect a dime and hiring an attorney or others to help you will only cost you more money and create more frustration. Consider yourself lucky that it's only $3,500.

    2. Fire your PM. They allowed the tenant to pay late for three years, which is unacceptable. It also sounds like they failed to inspect regularly. Then they lied to you? 

    3. Demand the PM compensate you for their part. If they refuse, consider filing a complaint with the State Commission.

    4. Find out what a good PM looks like and put some effort into finding the next one. Cheaper doesn't mean better.

    The DIY Landlord Book4.7248 Reviews
  • Investor · Ocala, FL · Member since 2016 · 299 posts · 110 votes
    3y

    Can you find out if your PM carries Errors and Omission insurance and file a claim?  Also, isn't an attorney required to file the eviction and the attorney missed the hearing and would be liable?  I had an attorney miss a hearing, which I lost, and I filed a complaint with the state bar association.

  • Rental Property Investor · Prince George's County, MD · Member since 2022 · 177 posts · 187 votes
    3y

    Sheesh, your PM needs to be fired, ASAP.  You'd be better off managing your own rental.

    They should definitely be on the hook for their gross lack of professionalism.

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