Can I sue property management company for vacancy?

[Evan L.]

Hi BP community,

I am considering filing a lawsuit against a previous property management company.  So several months ago, I paid little over 2k for rent ready work - paint touchups, some maintenance work when the tenant moved out. I found out much later that they either did not do the work or did a very bad job. I have pictures of unpainted areas and missed maintenance work. The place stayed vacant for almost half a year (about 8k of lost rent). They were very brief whenever I asked questions during this time assuring me that it would get rented out soon. It wasn't until 5 months later that they then suggested redoing the scratched up floors, something that they should have suggested in the beginning of the vacancy.

I fired them and hired a new management company who finally did rent ready work and the place was rented out within a month. 

It has been a very financially tough event for me. Has anyone had success dealing with a situation like this? A lawyer suggested I write a demand letter for the full amount lost - rent ready work and months of rent damages. Would this be better as a small claims court without a lawyer or should I hire one? Thanks.

[Nathan Gesner]

Write a letter to the property manager explaining how much you lost. Offer to settle for a smaller amount, maybe 50%, but be sure to set a deadline of no more than 30 days. If they go for it, great. If not, follow through with a Small Claims suit.

Keep in mind it can be tough to prove they were negligent. They can argue your current PM managed to find a rental because the market had shifted or it was a better time of year.

The initial demand letter is free so give that a shot and then consider whether you want to move forward.