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Can I sue my tenants or property manager? - Landlord Forum thread 202841

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Can I sue my tenants or property manager? by Mr Cole (Illinois) on June 11, 2010 @12:40

The tenants paid the rent on time for 5 years. I live very very far away and had always planned on moving back in but never did. I had to hire (by law) a property manager to represent me. The tenants have just left, and I have been to the house for the first time in 5 years. It's destroyed. I have 15K worth of work to do. Carpet, paint, broken everything, lawn, etc etc. They were animals.

Can I sue my property manager for taking my money and doing nothing? For not even setting foot in the house? Can I sue the tenants for destroying the place?

Lost in Illinois

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Re: Can I sue my tenants or property manager? by Ned (TX) on June 11, 2010 @14:50 [ Reply ]
You can sue the tenant but do not expect to recover anything. You have no way to prove the place was not a wreck when they moved in. Same goes for the management company. Property managers come in two classes, floaters and bottom feeders. You got the kind of service they typically give out.
Re: Can I sue my tenants or property manager? by Anonymous on June 11, 2010 @16:50 [ Reply ]
You can take the tenants to court, but don't expect to get too much. After 5 years, the carpet is all but depreciated. (If it was new at move in, you could charge them only 2/7 (28.5%) of the cost of replacement carpet. If it was 7 years old at move out, you can't charge them at all for it.

Paint would need to be done after 3 years, so any painting cost is on you as general maintenance. You can charge for repairs to anything broken or the depreciated cost of replacement items. And unless the exact details of the lawn maintenance was spelled out, you may have a had time to get paid for that to. Sorry.

Re: Can I sue my tenants or property manager? by Anonymous on June 12, 2010 @01:33 [ Reply ]
Anybody can sue anybody. Direct your anger at the no good property manager you have employed.
Re: Can I sue my tenants or property manager? by A.T.SF (CA) on June 12, 2010 @09:36 [ Reply ]
Do not sue anybody, this is a case of your own neglect by not visiting the property at least annually. By law you have the right to inform your tenants that you will be inspecting your property inside out. The property management person or company you had, gave you the bare minimum because you showed no interest of your own. If you have 15K of work to do, then do it and file your taxes with the appropriate deductions for that work. To all Landlord's owning property is a business and should be handled as such.
My mother's mantra; When ever a job is set for you don't idly sit and view it; nor be content to wish it done, begin at once and do it.

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