Full question:
Property Management Co. broke contract with me in TN. I signed contract in 2007 with Prop Mgt Co whose contract stipulates strict guidelines that state they will only put in a credit worthy tenant of 600 credit or higher and no pets allowed. They must also have a parental guarantee.Then a year later another management company took over and they kept this tenant in. I have proof this tenants score was well below 600 in addition she had a pet that tore up my place and she has now walked out on her lease for next 11 months. They cannot seem to get another tenant in and her roommate said her parents have been bankrupt for some time. Even on the application which I did not see until now, the mother scratched out bankrupt. Now I am out 600 a month.. I am a single mom and I can't do it. I am gonna lose my home here in CA if I don't find the funds to cover. What can I do with the lack of due diligence on the Mgmt Co.'s part? Realistically what are my rights to recovery and how long can it take? Thank you!
- Category: Contracts
- Subcategory: Breach of Contract
- Date:
- State: Tennessee
Answer:
Any claim you have may fall under contract law. You should carefully review the contract with the management company to understand their obligations regarding tenant screening and handling defaults, as well as your rights and responsibilities.
A breach of contract occurs when one party fails to fulfill their contractual duties, causing the other party to suffer damages. If you decide to pursue legal action, remedies typically aim to restore you to the position you would have been in had the breach not occurred. Common remedies include:
- Money damages: Compensation for financial losses due to the breach.
- Restitution: Returning you to your prior position before the contract.
- Rescission: Terminating the contract.
- Reformation: Changing the contract to correct inequities.
- Specific performance: Compelling the other party to fulfill their contractual duties.
Additionally, if you relied on the management company’s promises, you might have a claim under the doctrine of promissory estoppel, which can enforce promises that caused you to take action or incur losses.
For specific timelines, court dockets vary, so it's advisable to contact your local clerk of courts for information on how long a case might take. You may also want to consult a legal professional to explore your options further.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.