Legal Question in Real Estate Law in Florida

Property Management Firm Negligence

I have property that has been managed by the same management firm for at least the last 10 years. However I planned to sell the property at the conclusion of the last tentants lease period. However, after the tenant vacated; to my surprise the property was so badly deterioriated that several Thousands of dollars of repair work is required before it can be sold. Things like holes in the wall, cracked bathtubs, holes inthe floor, burned vanity tops, etc. The management firm had carte-blanche to repair all damages at my expense; and in fact had been in the property several times without notifying me of the damage or repairing it. Many of the problems were made worse because of a lack of repair; i.e. the cracked tub caused water damage to the floor as the tenant continued to use the tub daily.

I would like to persue legal action aganist them for negligence; allowing the property to deterioriate in such a manner. Even their own realestate division was appalled at the condition of my property under their management. My proposed remedy is gain financial assistance to repair the damage that occured under their managment. Can you advise me of my next course of action. The tenant moved out March of this year.


Asked on 5/23/01, 3:39 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Property Management Firm Negligence

You may have causes of action based on (a) breach of contract (property management agreement), (b) negligence, and perhaps other claims for recovery of money damages resulting directly from the property management company's failure to perform its duties. Before running to the courthouse, seek the advice of counsel and prepare a demand letter that sets forth the exact amount of money required to fix the problems, why you believe you are entitled to the money from the property managment firm, what action will be taken if payment is not made by a certain date, and by when such action will commence. Good luck.

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Answered on 6/22/01, 3:14 pm


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