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All Forum Posts by: Patty C.

Patty C. has started 10 posts and replied 118 times.

Post: Property Management negligence leads to $100k in damages, what are my options?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33
Quote from @Radhika Kapur:

Our home in Seattle was being managed by this property management firm since we are currently out of the country for work. In Oct , when a lease finished, nightmare began. Keeping aside all the management issues during the time they were getting the house ready for rental again - simple things like paint and cleaning took 2 months before they put the house back on the market. They even did showings in Nov and Dec of a dirty house with no power or gas on - simply because they didn’t switch on the mains. Anyways in Dec or Jan , bathroom pipe burst because they never switched on the heating or power, or shut down water - during the coldest winter Seattle has ever seen. They discovered that the house was flooded in Jan , asked us to initiate an insurance claim - which we did.

The insurance company denied the claim citing negligence - ie. temp of the house inside and outside was the same, no form of general maintenance was done to secure the home for winter.

Now we have a bill of close to $100k and they are refusing to foot the bill. Not only are we out of rental revenue - which was paying our mortgage but hit with $100k simply cause we choose an incompetent company . I could attach the  19 page contract  here but wasn’t sure if that would be okay since it has the name of the company. 

Would appreciate any advice on how I can fight this. Any recommendations of good lawyers or agencies where I can register a complaint against them would also be welcome. Please help!

I'd let the property management company know that your insurance company denied the claim you filed and have them contact their property management insurance (E &O) in addition to sending you the contact information to their insurance agent's name, contact information, and policy number. 

With a $100K already spent,  a public adjuster (that is a member of the regional association in your state and a member of the National Association of Public Adjusters) might make sense.

Public adjusters work for the policy holder, not the insurance company, and generally have years of experience working as a claims adjuster for insurance companies, and are also familiar with laws insurance companies don't share with you. Contact them ASAP: The sooner the better. 

Contact the PM and let them know you have contacted your insurance as they suggested and provide them with the reason they denied the claim. Then ask them to file a claim with their property management insurance. You can give this information to your public adjuster if you decide to hire one. They will generally talk to you without compensation to see if they want to help with the claim. They can also give you feedback (even if the claim is not large enough for them).

Google public adjuster to learn more about them, how to find a legitimate one, and see if it makes sense to you.

Good luck.

Sorry you are going through this.

Post: Property Management negligence leads to $100k in damages, what are my options?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33
Quote from @Jay Hinrichs:
Quote from @Michael Smythe:

@Radhika Kapur First, you should hire a real estate attorney to review the management contract to confirm what the PMC was responsible to do. 

We've seen competitor contracts that put 100% of managing utilities on the owner. 

If that's the case here, the PMC would probably not be liable.

You'll also want to show the attorney any written communications with the PMC regarding the utilities and ongoing RentReady repairs, as these may also define who was responsible for what or if they took on more liability than covered in their management contract.


this is a cautionary tale for sure..  Most landlords dont know they need a vacant home rider and if there home is vacant more than ( what ever the policy says 30 60 days) policy wont cover any damages fire or anything.  I have had clients that did not know this house was vacant 4 months caught fire burnt to the ground .. first thing the adjuster does is interview the neighbors and ask when was the last time anyone was living there.. so same thing here with the freeze you need builders risk / vacant home rider  in these situations.  we have had pipe breaks this winter but were are covered with our extended policies.

this no doubt will come down to this PM's E and O insurance.  If the OP wish's to escalate this to civil court remedy. I highly doubt the department of RE in WA would do anything with this. They dont regulate insurance claims etc.

 Thank you for the advise of riders for vacant homes.

Post: Would you rehab to sell or rent in today’s Sacramento market?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

Yes, rent is still hot. I would buy if it were a win-win for all the parties involved. The risk to interest rates looks to be towards the upside.

What are the primary reasons for people selling that you see in Rocklin?

You are right, it's good to rehab and rent for positive cash flow.

Post: Would you rehab to sell or rent in today’s Sacramento market?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33
Quote from @Scott Scoville:

Hey Patty, 

Depends on your strategy. Typically HELOC's should be used as short term debt or bridge debt. In regards to sell or rent, I would consider the following:

-If you sell, you will be paying capital gains. So maybe consider a 1031 exchange and use the proceeds to buy another property.

-If you rent, you can benefit from the cash flow, appreciation, debt paydown, and tax incentives. 

Me personally, I've regretted selling every house that I didn't keep. Best of luck in your decision, and I'd be happy to chat anytime. 


I recently found an equity loan where the interest rate is fixed, 2% less than a HELOC, and 15/20. It seems like a better idea to borrow since the rent will cover the loan and the interest is a tax-write off. Down side is I may take out more than I need, but if interest rates go up again and CD's go up, that could be a good move.

I agree, it’s easier to buy than to let one go (sell).

Thanks @Scott Scoville.

Post: Would you rehab to sell or rent in today’s Sacramento market?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

If you have a free and clear property that needs substantial work in a desirable location,

would you rehab to sell (that includes some structural changes and more designer features) or would you rehab to rent and do the upgrades when you are ready to sell?

The project is estimated about 120K. How would you determine the finance strategy for the project if you had the option to use a HELOC, Home Equity, or cash?

Thank you!

Post: Use savings account for auto loan early payoff?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

Yes, a brand-new car paid off is an accomplishment. Congratulations! And hope you get that bonus soon and a pay raise :-). Buy real estate and get a lot of quality properties with quality tenants while you are young! Buy and hold is a great long-term strategy.

Post: Use savings account for auto loan early payoff?

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

@Jared Cruz

You can find regular savings at 4%; CD’s with no penalty at 4.35% with 11 month term, and CD’s with 5% with penalties that don’t hit your principle after a certain number of months deposited (and need to take take an early distribution of the CD. Read the fine print and the math on your net return after taxes with the savings and CD’s and compare it to 3%.

If you plan to buy a property and you need to decrease your debt to income ratio to qualify for a loan, then it’s a no brainer. But maybe you can find a seller-financing situation or another creative option like lease with contract to buy or option to buy 😊

3% is cheap money and easy ways to make more with little risk are available. If you sleep better with car debt off the books, then that has value as well.

Good luck 🍀

Post: Categorizing transactions not related to a specific property

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

@Michael Plaks

Thank you for your thoughtful post with detailed examples.

Awareness about the responsibilities and costs for entities such as LLC's need to be part of the presentations for LLC's.

There also needs to be a conversation about the investor’s level of risk tolerance in the likelihood of a lawsuit; what insurance and umbrella insurance covers and does not cover,etc.

Post: Landlord and renters insurance

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

@Richard F.

Everything Richard said and have the requirement of verification on the lease before they move in and every year.

Post: New member in Emeryville / EastBay

Patty C. Posted
  • Homeowner
  • California
  • Posts 125
  • Votes 33

Hi @Aaron Chai,

Congratulations on your first home! It's not as painful paying a mortgage as it does rent, huh? You're going to also like what you get to keep of your paycheck as well. The first property is the hardest. It gets easier from there! Welcome to the world of homeownership and real estate investing :-).