Legal Question in Real Estate Law in Maryland
Property Manager/Painters Trashed Rental Home - What to do?
I returned to my rental home after a vacationand found a disaster. My property manager had hired painters to paint the interior of my house. All my belongings that had been on the built-in shelves had been dumped, the bathroom contents heaped on my bed, the painters used my mugs to rinse their brushes in, no switches or outlets had face plates, and the circuit breakers had been thrown and the refrigerator/freezer contents defrosted and warm to the touch.
I had mentioned to the property manager in the presence of a city housing inspector the dates of my vacation, which the property manager wrote down. There was no notice given that this would happen. I checked my answering machine, and a message had been left after my departure date that he would be bringing a painting company over for an estimate, but no message or notice of painting starting.
I took pictures of everything, and had a neighbor do a walk-thru to see the mess.
I have been advised that I should write the property manager a letter, listing damages and to add in punitive damages for my time and aggravation. Is this correct? Or should I go directly to an attorney?
Thank you!
2 Answers from Attorneys
Re: Property Manager/Painters Trashed Rental Home - What to do?
The first place you want to go to is your lease agreement. Review the terms regarding what is required as to notice by the landlord when he enters your home to do repairs. Since the landlord's agents, in this case the repairmen, damaged your property, a claim for damages lies with him.
Writing a letter and itemizing your damages as soon as possible is an appropriate step. If the landlord does not reimburse you for damages and your lease requires that he does, then you may consider an attorney. Depending on the amount of damage, however, it may be cost-effective to file a complaint on your own in district court. If you have questions feel free to consult me at 1-301-662-7226.
Re: Property Manager/Painters Trashed Rental Home - What to do?
What does your lease say about repairs? Specifically,
what does it say about repairs to the internal areas of
the rental unit and access by a landlord's agent or the property
manager? Other factors within your lease may be relevant.
Notwithstanding the content of your lease, there are other actionable
claims such as lack of workmanlike conduct and deficiency of notice.
An attorney would be of great assistance with preparing a letter to the
property manager. Moreover, your demand may be considered more seriously when presented
through an attorney as well as gain the benefit of being legally proper. Such
a demand can gain an additional benefit of placing the property manager (a prospective
party opponent) on notice for a possible claim in court. Punitive damages
are not likely in this case but are certainly not recoverable for your time and aggravation, this
is more properly framed as incidental or consequential damage.
I am available at a very reasonable fee to assist you with drafting such a letter. Please
contact me at (410) 799-9002, or (410) 619-5918 or e-mail me at [email protected].
DISCLAIMER: This e-mail is neither priviledged or confidential. This communication does not
constitute legal advice but rather provides information about the law. When dealing with legal matters,
the assistance of an attorney, provided through an attorney-client relationship, is indispensible.
attorney may be considered more seriously due to presentation
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