Can a Tenant Sue a Property Management Company?
Posted in Insurance on September 22, 2020
As a renter living at a leased property in Tampa, you have the right to expect certain things from your property management company. The company will owe you specific legal duties and obligations as a tenant. These duties include properly screening new tenants and responding promptly to property repair requests. If a property management company is negligent in its care of a property in Florida and this injures you, you may be able to sue the company for damages.
Property Management Company Responsibilities to Tenants in Florida
The right to file a lawsuit against another person or party for a personal injury exists through Florida’s civil tort system. The civil tort system holds parties responsible for acts of negligence that injure or harm others. If you have an injury from an accident at home or in a common area at your apartment complex, you may have grounds to file a claim against the property management company. You or your lawyer will have to prove that the manager owed you a duty of care, negligently failed to fulfill one of its duties to you as a tenant and caused your damages.
- Proper financial management
- In-depth tenant screening
- Lawful leasing contracts
- Safe and secure premises
- Adequate security measures
- Replaced locks on doors
- Defect-free premises
- Tenant pet policies
- Prompt responses to tenant concerns or complaints
- High-quality repairs
- Delivering messages between the tenant and property owner
Property management companies owe many duties of care to renters, tenants and lawful property visitors. If you have evidence of the property manager’s neglect to fulfill any of its duties of care in relation to your personal injury, you could sue the property management company in pursuit of financial compensation. The company may owe you for your medical bills, property repairs, legal fees, lost wages, pain, suffering and other damages. You may need help from a Tampa insurance claims attorney, however, to recover damages, as these cases can be complex.
Common Complications During Claims Against Property Management Companies
Many cases against property managers in Florida are straightforward. You provide evidence of negligence, carelessness, fraud or a breach of duty to the property manager’s insurance company, complete with proof of your losses, and receive an insurance check. However, some exceptions can make for a more complicated claims process. For example, if your property management company is a limited liability company (LLC), you may be unable to find the name of the company owner online. You may need a lawyer’s help to investigate the company to find the name of the individual who owns or controls the LLC.
You could also encounter difficulties if you signed an arbitration clause when you moved into a rented property in Florida. An arbitration clause may protect the property management company from liability for certain injuries or incidents, making it difficult or impossible to sue. You may have signed away your right to bring the management company to court, for example, and may only have the option of mediation or arbitration instead. An experienced attorney may be able to help you work around an arbitration clause to pursue a fair financial outcome. A lawyer may also be able to identify other at-fault parties who are liable for your accident.
Is Filing a Lawsuit the Right Solution for You?
Even if you have grounds to sue a property management company, litigation might not be the right solution for you. Bringing a company to trial in Florida can take a great deal of time and money. Settling your case before a trial with help from an attorney, however, could lead to an outcome you and the company mutually agree upon without intervention from the courts.
Hire an attorney to help you deal with a claim against a property management company in Tampa for the best possible results. An attorney can negotiate a settlement on your behalf to reduce your odds of going to trial. If you do end up in court, your lawyer will represent you each step of the way. Your lawyer will have the knowledge, experience and resources you need to obtain fair compensation from a negligent property management company in Florida.