[GA] Can I sue a property manager for hiring a dissolved maintenance company whose work damaged my property?

GA Consumer Protection

Liz

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If the management company failed to fulfill their contractual obligations by improperly handling the security deposit or hiring a dissolved maintenance company, this could be considered a breach of contract. (GA Code § 51-1-6)

Also, the maintenance company's actions in trashing the appliances despite your instructions not to do so may constitute negligence, especially if they were aware of the potential consequences.

The security deposit is also not meant to be used to compensate them but for damages to the property. That could become an issue also of fraud or embezzlement. (GA Code § 44-7-34)

Before filing suit, a demand letter would be sent to them, letting them know you intend to file.

You could file in small claims as well without an attorney. It's meant to be done as a more informal process. (GA Code § 15-10-2)

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The maintenance company has been dissolved with the state of Georgia since 2023. However they have been completing work orders on my property. The maintenance company sent me an invoice to trash appliances, I responded an hour later telling them not to trash appliances but they trashed them anyway. I am requesting compensation on appliances, loss of rent due to giving tenants first month free to purchase their own appliances, and possible reimbursement for the work that was completed by a non-license company.

Lexi, Chatbot

I understand how frustrating it must be to deal with a situation like this. Have you documented all communications with the maintenance company regarding the appliances and their work orders?

Yes.

Lexi, Chatbot

Have you already attempted to resolve this issue directly with the maintenance company or through any formal complaint process?

Yes, multiple times.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your compensation request.

Yes.

Liz

Hi there! My name is Liz and I’ve been an attorney for more than a decade, and I am here to assist with your legal concerns. So I can best help, did you have a contract with the dissolved company?

Sorry, the dissolved company is the maintenance company. The contract I have is with the management company in Albany, GA. The CFO of the management company owns the dissolved maintenance company.

Liz

Thank you for sharing that. Did the management company hire the dissolved company?

I don't know if it technically counts as due to being the sort of in-house maintenance company. I did not contact the maintenance company, management did.

Liz

Got it, thanks for explaining that. Given the mutual ownership, do you plan to fire the management company too?

I've already sold the property on Friday. I just need to settle this last bit of business and we will be done. I had to pay the security deposit out of my proceeds because the management company spent their deposit on court costs and paying themselves rather than billing me.

Liz

Also, the maintenance company's actions in trashing the appliances despite your instructions not to do so may constitute negligence, especially if they were aware of the potential consequences.

The security deposit is also not meant to be used to compensate them but for damages to the property. That could become an issue also of fraud or embezzlement. (GA Code § 44-7-34)

Before filing suit, a demand letter would be sent to them, letting them know you intend to file.

You could file in small claims as well without an attorney. It's meant to be done as a more informal process. (GA Code § 15-10-2)

I've tried to work with them. I've given them a deadline of Monday the 22nd to make things right. So far they haven't gotten back with me, responded to my email, or provide me with my security deposit like they said they would. So I decided to reach out for legal aid instead of going back and forth with them.

Liz

If you filed suit, how much would you be seeking?

Honestly, I would need legal advice on an amount that would make sense. I told the management company that if they worked with me, I’m only asking for $4,500 which includes appliances, security deposit, loss of rents due to giving free rent for not having appliances (an incentive if tenants purchased their own stove/fridge), and $500 from unlicensed work or work that I haven't received receipts or proof of work that was done.

Liz

That would still be well below the small claims limit. You can seek up to $15,000. With amount, have you suffered any other harm?

When you say harm, is it physical? I haven't received any physical harm. But being in another state and getting taken advantage of by the people who are paid to look out for my well being is another thing.

Liz

I meant financial harm. Has anything else occurred?

Besides them completing work orders and not providing receipts from the vendors, taking weeks to complete simple work orders, charging me absurd amounts for simple tasks that the dissolved company were to complete.

Liz

That could also have caused financial harm, especially as they are overcharging. Before filing suit, a demand letter would be sent to them, letting them know you intend to file.

I've sent my own version of a demand letter over the weekend but not from an attorney.

Liz

Did you send it via certified mail?

I can print everything out and send it certified.

Liz

You could then file in small claims as well without an attorney. It's meant to be done as a more informal process.

Ok, I will do that. Thank you. One last question. Do you think in your professional opinion that it is best to file for $15,000? I've never done any of this before.

Liz

It's usually best to file for what you can prove, rather than just the maximum.

Ok, last one, is it true that work completed by an unlicensed contractor constitutes any paid work orders to be rendered invalid?

Liz

If it's work that requires they be licensed, it can invalidate the ability to collect payment. I hope I was able to help with your situation! If you have any other questions, feel free to ask.

Liz

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