Getting out of PM Contract

[Brian Irk]

Hello BP Friends,

I could use some advice.  My father (who lives in NC) has a rental in my home town (Indy).  Over the last two years, he has been having some problems with the Property Management company.  Prior to this week, the issue have been small i.e. they have nickel and dimed him on several things, they were not following up with potential tenants quickly enough and didn't seem to vet potential tenants to his desire.

This week brought his concern to a whole new level.  When he received a call from the PM company telling him that there was a leak/flood coming from the bathroom with raw sewage.  They told him the tenant was threatening a lawsuit if they couldn't break contract and get their deposit back.

When my father went to the property, the tenants (who happen to be amazing) said that the PM are doing my dad a disservice.  The tenants only wanted out of the house temporarily because of the raw sewage in the house.  They never threatened a lawsuit and told my dad that IF they needed to move out because of the flood, they would like their deposit back.  But most importantly, they told him that that they reported the flood immediately and at the time it was not severe, but they noted with the PM that it was worsening.  It wasn't until they called back 12 hours later that the water had begun to run into the walls/basement.  It wasn't  until then that the PM called a plummer.

So here is my question.  Does my dad have a case to get out of his PM contract?  This company has not seemed willing to allow him to break his contract in the past.  But this seems like complete negligence and also a misrepresentation of facts.  Any help or advice is greatly appreciated!

Thank you so much for your help!

Brian