If the problem is indeed in ERPs payment processor per the articles I'm reading and not their internal systems per se, then this is at least poor business/contingency planning, maybe negligence? 

Unless its some how proven that it was negligent on the part of the landlord it sounds like a tenant issue not a landlord issue.

The incremental cost of filing a 1040NR and 8804 is negligible in relation to the tax saved using a US Corp.  

If you do find out for certain that there are necessary repairs that your initial inspector missed, you are entitled at minimum to a refund of his inspection fee and if negligence exists, you can sue for damages.

Should I sue the PM for negligence, or wait for the outcome of the Small Claims court?

In my email, I stated OmniKey had proven completely incapable of providing us any form of management services and had been negligent of our contract.

The risks; if you get nailed for fraud, negligence or lead paint, guess what happens to your IRA?

@Diana Rendon I am also not an attorney, and my advice should not be taken as legal advice, but I think you have a negligent landlord, not a harassing landlord.Repairs that don't happen in an appropriate timeframe, is negligent.

In my lease agreement, I state the first $XX of any repair is the tenant’s responsibility unless the damge or repair is required due to negligence....then the tenant is 100% responsible.

Any tenant damage repairs made during the tenancy are billed directly to the tenant at the time.In this case if the walls did not need painting and now do as a result of tenant negligence the courts consider it tenant damage and the cost is born by the tenant.If the landlord chooses to carry the cost resulting from tenant damage that is on them.