QUESTION

Can I take legal action against my rental company?

Asked on Aug 26th, 2014 on Residential Real Estate - Florida
More details to this question:
We rented out our house for a year and now want to sell it. However the company that we used to manage the property charged us for a bunch of stuff that wasn't done. Our current realtor went through the house and took pics and they haven't done anything that we were charged for. I have been trying to contact them now for 4 days to ask about the charges and that wont return any of my calls. What should my next step be?
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1 ANSWER

Well, to answer your first question about whether you can take legal action against the property management company – sure; however, that’s not to say you’ll definitely be successful.  That said, if they were contracted to do A,B,C duties in exchange for your payment… and you paid, but they didn’t do A,B,C, that sounds like a pretty straightforward breach of contract case.  Without reviewing the actual contract, not much more I can surmise other than to look at it for your next step.  Generally, a service contract will have a provision dictating how to proceed in the case of a breach.  It should tell you whether arbitration or mediation are a first step as well as the proper venue and choice of law.  Litigation is not something most folks should do pro se – the rules are complicated and easily messed up. I’d suggest making an appointment with a local business litigation or contract litigation attorney and bringing your contract and the realtor’s photographs to discuss a detailed plan of action.  Even if you ultimately choose not to hire an attorney, it will at least give you the full picture of your case.
Answered on Aug 27th, 2014 at 9:08 AM

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