Skip to content
×
Try PRO Free Today!
BiggerPockets Pro offers you a comprehensive suite of tools and resources
Market and Deal Finder Tools
Deal Analysis Calculators
Property Management Software
Exclusive discounts to Home Depot, RentRedi, and more
$0
7 days free
$828/yr or $69/mo when billed monthly.
$390/yr or $32.5/mo when billed annually.
7 days free. Cancel anytime.
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Managing Your Property
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated about 1 year ago on . Most recent reply

User Stats

11
Posts
2
Votes
Corey Key
2
Votes |
11
Posts

Holding PMC accountable

Corey Key
Posted

I have a property that was being managed by the PMC for approx. 2 1/2 years.  During this time, I have been under military service traveling across the country, which is why I utilized this specific service. Everything started well until after the COVID pandemic the PMC said the tenants were under Section 8 and could not pay until the middle of the month, my ignorance at the time, I was not aware I could ask for an eviction, so I continued with late payments due to the tenants being already in the property. Fast forward after numerous discussions regarding late fees, miscommunications, etc. with thus PMC, I decided to cut ties and go with another PMC. The tenant recently asks the new PMC to repair the A/C unit in the property, when the new PMC maintenance guy came in, he took pictures of the property because he could not believe what he was seeing. There are holes all in the drywall, underwear hanging from the ceilings, rat droppings, and an amount of other stuff. The maintenance guy is wondering if people are staying there, how are they living like this. 

This was not the way I gave the property to the previous PMC; it was a brand-new house. According to the lease agreement of the previous PMC they mentioned they would do quarterly inspections on the property along with random inspections. I do not believe that this was happening due to the extent of damage to the property. The new PMC in their lease agreement states that they would do an initial move-in inspection, however due to them receiving previous tenants from a lease agreement, when they took responsibility of the property, I do not think that happened either.

My question is can I file a civil lawsuit against the previous PMC. I understand that ignorance is not an excuse but the reason why I was paying 10% to a PMC was to oversee this property and that was not happening. I'm definitely discouraged and disappointed that I put my trust in a company and received these results. Any feedback would be appreciated. 

  • Corey Key
  • Most Popular Reply

    User Stats

    149
    Posts
    103
    Votes
    Jessica Stevenson
    • Real Estate Broker
    • Manchester, NH
    103
    Votes |
    149
    Posts
    Jessica Stevenson
    • Real Estate Broker
    • Manchester, NH
    Replied

    @Corey Key ... I agree with what @Kaycee Miller says above.  I would take a look at the original contract you signed and see if you can get the records/reports from them as to when these inspections were conducted and what the results of those inspections were.  Unfortunately some people can live VERY hard and destroy an apartment in amazingly short amount of time, which is what security deposits are for.  Once you have your original contract in hand and your inspection reports (if any), go through the fine print and decide if it would be worth speaking to an attorney.

  • Jessica Stevenson
  • Loading replies...