Unpaid rent by tenant

UPDATED: Oct 1, 2022

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Unpaid rent by tenant

I have investment property that is managed by a management company, The management company collects rent, makes repairs and does all the communication with the tenant. I have never met the tenant. The tenant did not pay rent for June 2019 and a eviction notice was filed. The court date was July 8, 2019 at 9:00 a.m. The management company failed to show up in court so the judge dismissed the eviction notice causing me to not collect any rent for June 2019. Can the management company be held liable for the amount of rent due because of negligence in showing up for court? Also the tenant failed to pay July 2019 rent and the lease expires at the end of July.

Asked on July 22, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In theory, you could sue the management company for professional negligence (unreasonable carelessness) in how they discharged their responsibilties, but you would have to prove in court, such as with the testimony of some "expert" (e.g. another property manager) that what your property management company did was in fact unprofessional negligent and against industry standards. Since you'd presumably have to pay the testifying property manager for his or her time, the lawsuit may not be economically viable in terms of the amount you hope to get back vs. the time and money you'd need to invest in the suit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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