I have a 50 unit that was managed by a property management firm for the last 2 years and we just recently transitioned to a new firm. A few days prior to the transition and since the transition we have discovered the following:
1) They did not pay invoices for the last 5 months. I only found out about the tens of thousands of back upaid invoices a week before the transition.
2) They did not pay utility bills and we were close to getting the utilities disconnected.
3) They had section 8 tenants that had failed inspection and they did nothing about it and furthermore let them live in 2 units.
4) Rented about to bad nuisance tenants and did nothing about it.
5) The list goes on....
Is there anything i can do legally to go after them for lack of performance? The building is in Tucson.
Appreciate any help.
My first reaction is to read your Management Agreement. If they stated they will do one or more of these items, and then failed to perform as agreed, then you likely have a case.
I'm not a lawyer, but it sounds like a pretty easy negligence case.
I believe you would only be able to sue for actual damages for specific things that were in the contract or implied. For example, if your agreement stated that they would pay utility bills on your behalf, and their failure caused you to incur late fees or interest charges I would believe you can sue for that. However, I don't think you could sue them just because the bills are now past due.