Dead lawn due to lack of watering on vacant property considered PM negligence?

[Claudia Stewart]

Hello BP Folks! A month ago I closed on my first rental property and I am already feeling the pains of working with a lackluster Property Management company.

I purchased a new construction SFH in Northern Dallas through a turnkey company. The same company that handled the acquisition has an in-house property management team that we are working with. There were some red flags during the acquisition process but their PM team has proven to be flat out mediocre. Brand new sod was installed on the day we closed escrow on the property. I got VERBAL confirmation on several occasions from the turnkey company's acquisition team that upon closing, the property management team would hire a lawn care company to mow and water the new sod while the property was vacant. A month later, I sent the property is still vacant and the lawn was never watered so it is completely dead. As an out of state investor, I cannot personally manage the property, hence why I hired a PM.

I found out about the state of the lawn through a friend that did me the favor to drive to the property to check it out. She also found that ALL the entry doors to the property were unlocked, the AC was on (set to 71 degrees), and the lights were on in the garage and a couple of rooms. Anyone can go in and out completely undetected. 

Does a dead lawn due to lack of watering in addition to the lack of basic property security and reckless waste of utilities (AC and lights) constitute negligence/breach of duty on the property manager's part? I am wondering if we have the grounds to pursue any legal recourse if the PM company refuses to take accountability for the existing property damage (dead grass) and potential threat of an unsecured property.

Your advice/opinion is greatly appreciated.