I got screwed by a property management company on my property in Philadelphia. They didn’t maintain a rental license per the contract; and also neglected the property and tenants in there.
I got sued, and lost because of the property management company. :banghead
Now, I’d like to know the best way to hold them accountable.
Love some advice.
If this were me, I would prepare an Affidavit of Truth of the facts in this case and make reference to the violations in the agreement/contract, then file the document into the public record while at the same time, I would send a copy to the CEO or CFO of the management company via registered mail, return receipt. I would give them 10 days to refute with their own affidavits, swearing under penalty of perjury, and with full and unlimited liability. When the do not respond, I would prepare an Affidavit of Non Response (perhaps use a third party witness such as a notary presentment would offer).
An un-rebutted affidavit stands as the law of your agreement, that is a maxim of law. Once you default their dishonor in commerce, you can counterclaim the company and the individual corporate officers, listing all of them as Libelees in your claim. Take the judgment against you plus treble damages (3 times) as punitive damages. When you complete this administrative procedure correctly, you will end up with a commercial lien against all parties.
As they operate under liability insurance or bonds, you can name those policies as surety for your lien against them. Call the insurance company for the bond and request a claim form. Submit your claim with copies of all your documents and affidavits. You will force the insurance company to send an adjuster out to negotiate a settlement.
I’ve done this process successfully and help educate others as a consultant to do the same. If you want samples of documents to help guide you, feel free to contact me through this weblink. Or you can find on your own through a search of administrative remedies, commercial lien process, international commercial claim under admiralty.
Hope this helps.