Legal Question in Real Estate Law in Georgia

My property manager was chronically late in performing services for my property to include ensuring the tenant maintained the landscaping, collecting rent on time, and notifying me of repairs. Consequently I sent him a notice to terminate within the 60 day time frame specified in our contract. Between the acknowledgment of that notice and termination, the tenant died. I notified the manager of the tenant's death and when he inspected the home a few days later, the inside was found to be littered with garbage and cat feces. The outside of the back of the house also had garbage strewn about.

After the tenant's death, the property manager presented me with three outstanding bills for the first time. These bills occurred in the three months prior to the tenant's death. The manager also failed to collect January's rent. I asked that he give me the entire security deposit to cover the missed rent. He refused and deducted the unpaid bills from the security deposit, sending me the remaining amount.

My questions are

1) Can I sue him for negligence and failure to perform to recoup any damages incurred to the property as a result of his non-performance of his duties as the property manager? In my mind, had he been doing his job, the tenant would have never been able to let the home get into the state of disrepair that it is now.

2) Can I sue him for the remaining security deposit? In my mind, he presented the bills to me after the tenant died knowing that she was never going to be able to pay him.

Thanks.


Asked on 2/23/11, 5:44 pm

1 Answer from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Sure you can sue. Anyone can sue. Whether you win depends on ALL facts, including the terms of any contract, and the other side of the story that no one here knows.

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Answered on 2/23/11, 5:55 pm


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