Should a property manager pay legal fees?

[Jim Robertson]

My property manager just lost an eviction. It's a long story but the short version is that they did not have a properly formatted Pay or Vacate notice. 

I now owe opposing counsel's legal fees of $1750. Should my property manager be responsible for this expense and their legal expense? After all, they lost they eviction. I have a standard Texas Association of Realtors manager agreement.

[Jerel Ehlert]

Property manager is your agent (as in "principal and agency" law).  Your agent acts on your behalf and for your benefit.  Principals have a duty to monitor and agents have a duty to obey.  

In Texas, a JP does not have to be an attorney, which is one reason why anyone can represent anyone else in JP evictions.  The remedy is a "do over" in county court.  Because the judge doesn't have to know anything about the law to sit a JP bench, anything goes in JP court - even when you are right and the judge is balls-out wrong.

So, to answer your question, NO, YOUR PROPERTY MANAGER THAT YOU HIRED TO REPRESENT YOU IN JP COURT SHOULD NOT PAY THEIR ATTORNEY'S FEES BECAUSE YOU WENT CHEAP BY NOT HIRING A LAWYER YOURSELF.  Besides, Texas law says PARTIES are responsible for all fees and expenses, not their agents or representatives.

I suggest you either appeal, hire a lawyer, hire a new property management company, or get out of the landlord business.

Toodles.