This post has 2 questions-
1. From the date I lodge an application, how long does it take to get a court hearing date in Las Vegas small claims court?
2. Do you think my case will win?
I hired a property manager for my condo. I asked them to deduct the HOA fees from the rent and pay to the HOA. I made this request via email and they replied in writing that they would deduct the funds from the rental income to pay the HOA. It was nearly a year later that I was contacted by a collections agency. They informed me the HOA fees hadn't been paid the whole time the property manager had had the place. I paid off the HOA fees ($1200) and then the fines and collection agency costs were a further $1300. I want the property manager to pay these fines.
Just to make sure... when you received your monthly check, the HOA fees had been taken out of it right? If so, then I would expect you to win the case.
You should have everything in writing before you hired the property manager to explain everything the property manager is supposed to do. Email is not a good way of requesting anything to get it in writing. The judges in Vegas small claims are very picky when it comes to emailing because they don't consider it a notice.
Brant, I never received a monthly check, the funds were directly deposited to my bank account.
I have direct deposits from 35 tenants and property managers per month so its hard to monitor everything. Also I actually didn't really know what the exact income and expenses for the property were as I asked the property manager just to take care of everything.
Hi Joe, so just to confirm, this would need to be in the property management contract, rather than just in a letter or email for me to win the case?
Yes, it needs to be in the property management contract on what they are supposed to do.
You need to check your original contract with your PM that spells out duties and official means of contact.
The contract for example should say that e-mail, written, fax is official communication.
If your contract didn't say e-mail was an acceptable form of notice to give PM the right to do something then the position is weaker. Not saying you wouldn't win in court it's just stronger if e-mail is listed as an acceptable form of communication with your PM per the agreement both of you signed.
No legal advice.
*This is not legal advice. If you have it in email it will help but I agree having it in the contract between both parties will definitely hold more weight. I would consult an attorney to get legal advice.
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