A property manager is an individual who helps handle issues on the premises of rental properties. These professionals are typically hired by the landlord to help them.
If you are a residential tenant or a business owner leasing a commercial space, you may interact with a property manager instead of your landlord if you have any concerns. Property managers commonly perform tasks including, but not limited to:
- Collection of rent payments
- Providing notices of overdue rent and late fees
- Handling moving schedules
- Responding to maintenance requests
- Overseeing evictions
- Handling basic maintenance, such as repairing common areas and landscaping
- Helping residents who lock themselves out of units
Simply because a project manager does not actually own a rental property, it does not mean that they will not be held liable for violating laws or not completing their job duties. This means it may be possible for a tenant to sue a property manager if they have issues with their unit.
How Does the Property Management Dispute Process Work in Texas?
In most jurisdictions, property managers have to comply with the property management laws in Texas. Most property management disputes follow the same steps.
A property manager has to follow the requirements and regulations outlined in Texas law. This typically means that they have to follow the laws that landlords have to follow.
If there are any issues, the property manager will typically need to refer to the lease agreement. If the lease does not provide guidance, the property manager should try to resolve the issue directly with the tenant. Both parties should keep records of all of their communications.
If a tenant files a lawsuit against their property manager, the manager should have their own legal representation, whether they hire their own or the management company provides representation. In many of these situations, the parties can resolve their issues through alternative dispute resolution (ADR) methods, such as mediation.
If the parties are unable to resolve their issues, both parties should follow the advice of their lawyer, hang on to any potential evidence, and ask their lawyer if there are any legal defenses they can present.
Most lawsuits against property managers are based on negligence. Whether you are a tenant or a property manager in Texas, any time you have a concern related to your rental unit, it is essential to have a legal consultation in Texas.
Common Property Management Disputes in Texas
There are several different types of property management disputes that are common in Texas as well as across the country, such as eviction issues, maintenance issues, housing code violations, and other types of issues.
Eviction issues
An eviction is one of the more common types of property management disputes. A dispute about an eviction can involve the legality of the eviction, self-help issues, and issues involving removing the tenant’s property.
An eviction may be illegal if the tenant did not receive proper notice. Self-help conduct, such as a landlord changing the locks or removing the tenant’s property, is not permitted.
Maintenance issues
Maintenance issues may arise when the landlord or property manager does not maintain the premises properly. It can also occur when the property manager or landlord does not respond quickly to requests or does not fix the issue. Another example is if the maintenance issue is totally ignored.
Housing code violations
There are some issues, such as a tenant not having heat in the winter, which can be a violation of local housing codes. Property managers and landlords in Texas are required to make repairs related to the health, safety, and security of tenants.
Other issues
There are also other types of issues that can come up between property managers, landlords, and tenants. This may include failing to screen employees, such as doormen, using improper rent collection practices, and entering a tenant’s unit without proper notice.
Texas lawyers can help both property managers and tenants resolve any issues or disputes they may be having.
Can an Owner Sue a Property Management Company in Texas?
A landlord or owner of a rental property in Texas can take legal action against a property management company. In most situations, this is based on the legal theory of breach of contract. This can arise if the property manager did not fulfill their duties under their employment contract, such as failing to maintain the premises or respond to maintenance issues or requests.
Property owners and landlords may also be able to sue property managers under the legal theory of respondeat superior. For example, if a property manager fails to fix a hazard, such as asbestos, the owner or landlord can be held liable if a tenant experiences health issues.
If a landlord or property owner thinks their property manager is engaging in fraud, such as when collecting rent, they can file a police report. The issue will be reviewed by the local district attorney to determine if charges can be filed.
Litigating a Property Management Dispute
As discussed above, there are several steps that property managers should take before their dispute gets to court. If the issue proceeds to litigation, it will proceed in the same way as other civil cases.
Once a party, either a property manager or owner, serves their complaint on the other party, the defendant will need to respond to that complaint. If the defendant does not have a lawyer, they should consult with a Texas attorney as soon as possible.
The parties to the lawsuit will then go through the discovery process, where they exchange documents and other evidence. At any time during this process, the parties can decide to settle their issue outside of the courtroom.
The plaintiff, or party who filed the lawsuit, should already have legal representation. Their lawyer should have drafted and filed their complaint on their behalf.
If one of the parties does not want to engage in settlement negotiations outside of court, the other party may have several legal strategies available to try and recover the damages the plaintiff desires.
Settling a lawsuit outside of a courtroom can help all of the parties involved save time and money. A settlement can also provide the parties with more control over the outcome of their claim.
Do I Need a Lawyer for a Property Management Dispute in Texas?
It is in the best interests of tenants, property managers, owners, and landlords to have representation from a Texas landlord tenant lawyer any time they have a property management dispute in the state. A local landlord-tenant attorney will be familiar with the requirements of the jurisdiction and will be able to ensure you take the necessary steps to resolve your property management dispute.
Your attorney can review the issue to see what legal claims you may be able to make and prepare your case. If you are a property manager who has been sued, your landlord-tenant attorney can present any available defenses that you may be able to present as well as devise a strong strategy for your defense.
Whether you are a plaintiff or a defendant, your Texas landlord-tenant lawyer will ensure your rights are protected and will represent you when you appear in court. You can use LegalMatch in as little as 15 minutes for free to find a local Texas lawyer who can help you today.
Simply submit your property management issue or question on the website and you will be matched with local Texas landlord-tenant attorneys who are able to help.
