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 $10,000. I rejected and decide to go to court.
5. The thing put me in bad situation is the conflict of interest of this lawyer, because he present property management company too. So he won't discuss what I can and should do with the property management company.
6. In my opinion, I did nothing wrong, I even did not know the carpet was replaced till June. Sending closing statement 1 day late definitely not my fault.
7. The property management company definitely has a lot of mistake in their handling, like when they got the moving checklist, they did not check it at all, the carpet is in good condition, it passed house inspection and loan apprasal inspection at buying. And they never sign the check list. I rented house and apt before, everytime I go through the house or apt with the landlord.
Question:
1. What do you guys think about this case?
2. No matter what result come out of the court, should I sue the property management company to cover my legal expense?
3. If judge rewarded other party the bad faith penalty, not sure how strict the law will interpret 1 day delay, I think that is actually better for me, right? Because that is all property management's fault.
4. I am still using this property management company now(house is rented out Jun 2007), if I sue them, can I change a property management company? We signed contract with them, they are a American property management company, in contract, there is cannot change during the lease term stuff.
5. I will go to court in Texas next week, what is the thing I should take care now?
6. It is a county distract case.
Thanks!
They informed us in March 2007 that they will move out when lease expire. After they move out, property management company try to clean the carpet($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.
Thanks!
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