Seaspearo's rental property lawsuit - part 1(ZTed)

rental property lawsuit
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来源: vdong 于 08-03-29 18:30:02 [档案] [博客] [旧帖] [转至博客] [给我悄悄话]

I live and work in California. In 2006, bought a rental property(regular sale) in Dallas area in Jan 2006, hired a property management company to take care of the property. Got it rented out in April 2006 to a couple with 4 dogs and 3 cats :( They have $1700 deposit in property management company.
They informed us in March 2007 that they will move out when lease expire. After they move out, property management company try to clean the carpet($cost 250), but they still cannot get rid of the pets urine smell. So late they replaced most of the carpet, cost $1500 and charged tenant's deposit for it.
In Jun 2007, we got the court law suit. Claim the carpet was dirty and stained before they moved in, and also property management's closing statement was mailed out late to them(by 1 day!). So they want all their legal fees, deposit and 3 times bad faith penalty on 1 day late notice.
We hired a lawyer(refered by property management company, bad move) to handle the case. We try to settle the case, the other party just don't have any intention. Here is some facts after months deposition (already cost me $2000 legal fee).
1. The other party gave one set of move in condition check list after 3 days the moved in, they do mentioned there is couple of stain on the carpet.
2. The other party claims they send another set of moving condition check list and a letter to request carpet replacement, but my property management company never receive it, deposition prove they are lying, hu*****and said he asked wife to send it in, the wife said she saw hu*****and fax it in, and the form doesn't match.
3. My lawyer want to make the argument in the pet urine instead of the carpet dirty or stained. The deposition of property management agent and carpet replacement company support this claim.
4. We are only few days away from court date, the other party said will take settlement of $10,000. I rejected and decide to go to court.
5. The thing put me in bad situation is the conflict of interest of this lawyer, because he present property management company too. So he won't discuss what I can and should do with the property management company.
6. In my opinion, I did nothing wrong, I even did not know the carpet was replaced till June. Sending closing statement 1 day late definitely not my fault.
7. The property management company definitely has a lot of mistake in their handling, like when they got the moving checklist, they did not check it at all, the carpet is in good condition, it passed house inspection and loan apprasal inspection at buying. And they never sign the check list. I rented house and apt before, everytime I go through the house or apt with the landlord.

Question:
1. What do you guys think about this case?
2. No matter what result come out of the court, should I sue the property management company to cover my legal expense?
3. If judge rewarded other party the bad faith penalty, not sure how strict the law will interpret 1 day delay, I think that is actually better for me, right? Because that is all property management's fault.
4. I am still using this property management company now(house is rented out Jun 2007), if I sue them, can I change a property management company? We signed contract with them, they are a American property management company, in contract, there is cannot change during the lease term stuff.
5. I will go to court in Texas next week, what is the thing I should take care now?
6. It is a county distract case.

所有跟帖： 

• 回复：Seaspearo's rental property lawsuit - part 2(ZTed) -jy101- ♂ (1851 bytes) () 09/29/2009 postreply 17:22:39

• Seaspearo's rental property lawsuit - part 3(ZTed) -jy101- ♂ (731 bytes) () 09/29/2009 postreply 17:23:33

• Wow! quite a lot of headache to be a landlord. -playForever- ♂ (278 bytes) () 09/29/2009 postreply 17:50:14

• didn't read part 2 and 3 until now - very good -flying_bird- ♀ (0 bytes) () 09/29/2009 postreply 20:33:41

• don't file claim to your own insurance -flying_bird- ♀ (168 bytes) () 09/29/2009 postreply 20:38:19

• PM's insurance will not defent you, because you not the client -jy101- ♂ (0 bytes) () 09/29/2009 postreply 21:15:57

• that's why he should sue the PM company right beginning -flying_bird- ♀ (0 bytes) () 09/30/2009 postreply 07:28:20

• jy, how's your board house project -flying_bird- ♀ (0 bytes) () 09/29/2009 postreply 20:49:45

• hehe, that failed. -jy101- ♂ (0 bytes) () 09/29/2009 postreply 21:16:28

• 先盲顶下.晚上回家再详读... -MrsKwok- ♀ (0 bytes) () 09/29/2009 postreply 17:25:11

• Lesson learned: don't be a remote landlord -SR99- ♀ (104 bytes) () 09/29/2009 postreply 17:49:40

• My god, it is scary. Sounds like landlord's worst nightmare -轻舟重山- ♂ (72 bytes) () 09/29/2009 postreply 18:07:22

• Thanks for posting the whole story -sunskitehomes- ♂ (32 bytes) () 09/29/2009 postreply 18:38:29

• I had seen this story before and never thought I would be sued a -随意1- ♀ (0 bytes) () 09/29/2009 postreply 18:44:51

• Lesson learnt - Never Never be a remote landlord -naive2- ♀ (249 bytes) () 09/29/2009 postreply 18:50:26

• unless you hire good management company -flying_bird- ♀ (226 bytes) () 09/29/2009 postreply 20:43:05

• Can you find one who cares about your money as their own? -naive2- ♀ (163 bytes) () 09/30/2009 postreply 05:51:38

• 这是一个非常好的案例.谢谢jy101的贴和seaspearo对亲身经历的介绍 -如山- ♂ (509 bytes) () 09/29/2009 postreply 19:44:30

• 再谢如山先生。第3条和第5条对古石有用。 -古石- ♂ (360 bytes) () 09/29/2009 postreply 23:52:56

• 假如这个Addemdum与州法抵触，这部分就无效。至于会否影响 -如山- ♂ (149 bytes) () 09/30/2009 postreply 09:14:19

• 谢谢如山先生's correction. Actaully, I don't know what the 州法(CA) says -古石- ♂ (118 bytes) () 09/30/2009 postreply 10:30:21

• 回复：谢谢如山先生's correction. Actaully, I don't know what the 州法(CA) s -SR99- ♀ (130 bytes) () 09/30/2009 postreply 23:14:34

• thanks to jy. fact speaks louder: it is never EASY to be -美西游子- ♀ (304 bytes) () 09/29/2009 postreply 20:08:48

• my understanding on this -flying_bird- ♀ (574 bytes) () 09/29/2009 postreply 20:27:59

• many many thanks for JY and seaspearo!!! -比花花还花- ♂ (28 bytes) () 09/29/2009 postreply 20:41:57

• the prevailing party shall NOT recover reasonable attorney fees -SR99- ♀ (454 bytes) () 09/29/2009 postreply 22:37:47

• 回复：the prevailing party shall NOT recover reasonable attorney fe -seaspearo- ♂ (416 bytes) () 09/30/2009 postreply 10:34:40