Clyde Klemke v. Radergroup, Inc.

Tulsa, OK - Clyde Klemker and Jennifer Dimaggio f/k/a Jennifer Page sued Radergroup, Inc., David Tyrien, Joanne Tyrien and Excel PM, LLC d/b/a Radergroup Property Management on breach of contract theories claiming:



1. Plaintiffs, Clyde Klemke [hereinafter individually identified as "Klemke”j and Jennifer DiMaggio [hereinafter individually identified as "Page” (otherwise identified jointly hereinafter as "Plaintiffs”)] were divorced on November 11,2005. During the marriage the Plaintiffs purchased a house at 1309 E. Reno St. N., Broken Arrow, Ok, alkla Lot 12, Block 6, Westwind Addition to the City of Broken Arrow [hereinafter "Property”j. Klemke is currently a resident of Dallas, State of Texas. Page is currently a resident of Dubai, United Arab Emirates. Defendant RaderGroup, Inc. [hereinafter "Rader”], is a licensed real estate company domesticated in the State of Oklahoma since 1978. Defendants David Tayrien and Joanne Tayrien [hereinafter "Tenants”J are husband and wife and are believed to be residents of Tulsa County, State of Oklahoma. The situs of the real property is in Tulsa County, and jurisdiction and venue are proper in Tulsa County.

BACKGROUND FACTS

2, On or about November 4, 2005, Plaintiffs executed a Residential Property Management & Leasinz Agreement [hereinafter "Agreement”j with Rader. The Agreement provided for certain obligations on the part of Plaintiffs and Rader, including defining the responsibilities of Rader to act as leasing agent for Plaintiffs. Rader's contractual obligations include maintenance, supervision and inspection of the property, repairs as needed and reported by tenants, maintenance of all records internally for the benefit of the Plaintiff's, and enforcement of the leases.

3. On or about July 27, 2006, Rader executed a Single Family Residence Or Condominium Lease [hereinafter "Lease”j with Tenants. The Lease provided for certain obligations and restrictions on the part of Tenants for the care and maintenance of the Property, including restrictions on pets, no alterations to walls or woodwork, prompt reporting of damage or maintenance needs to the residence, and payment of damages from failure to report repairs or for negligent or intentional damage of the residence. Tenant further agreed to surrender the property in good, clean and operating condition and to reimburse Plaintiffs for any expenses due to damages as outlined above.

4. Tenants executed their second lease on or about August 1, 2007, for a two year period to expire on July 31, 2009, with a written requirement for agreement between Rader and Tenant for any extension of the lease. Tenants carried over their occupancy until on or about October 23, 2011 with no written evidence of an extension or notices from Rader for an

extended lease agreement.

FIRST CAUSE OF ACTION: Rader'S BREACH OF CONTRACT

5. Plaintiffs affirm and adopt all proceeding paragraphs 1 through x as if fully restated here.

6, Throughout the term of the Agreement, Rader had an ongoing responsibility to maintain adequate records for the protection of its own liability and a liability to Plaintiff's to produce records regarding tenants, repairs and inspections. Rader had a legal obligation to enforce the terms of the Lease with Tenants and to protect Plaintiffs from harm for breach of the Lease contract.

7. Rader has failed to maintain adequate records regarding the Leases, failed to timely obtain new lease agreements or to execute a new extended lease with Tenants at the end of both the first and second least terms, failed to provide adequate and accurate inspections of the property, failed to enforce specific provisions of the Lease regarding smoking and pets in the residence, failed to make timely and adequate repairs, failed to supervise and competently make repairs to the property, failed to provide remedies with repair and construction personnel for correction of improperly installed repairs and construction, failed upon notice from tenants to take timely or adequate steps to repair serious damage to the house caused by a leaking swimming pool, failed to enforce the lease payments after notice from Tenant to surrender the house, failed to negotiate the renewed or extended lease terms demanded by Plaintiffs, failed to provide adequate or accurate inspection reports during the lease term or following Tenant's surrender ofthe property; failed to maintain tenant's security deposit; and

failed to collect from tenants for damages or to pay security deposit to Plaintiffs.

8. Plaintiffs have incurred substantial damages to property due to Rader's failure to enforce the Lease, including damages to the interior of the house, expenses to rehabilitate the house following several years of pet and smoking damage, failure to inspect and enforce professional installation of repairs and appliances, and foundation repairs due to failure to follow Tenants notice of a leak in the swimming pool, draining water under the foundation.

9. Plaintiffs pray for ajudgment against Rader for damages in excess of$10,000 for failureto enforce the Lease between Plaintiff's and Tenants, failure to maintain records and renew leases, failure to properly supervise and maintain the property, failure to obtain and maintain leases with the Tenants, failure to collect rents as directed, failure to enforce Lease terms, and failure to protect Plaintiffs.

SECOND CAUSE OF ACTION: Rader'S NEGLIGENCE

10. Plaintiff's affirm and adopt all proceeding paragraphs I through x as if fully restated here.

11. During the lease term of the Lease, Rader has allowed the property to deteriorate due to negligence of its employees to adequately supervise the property, to take action against the Tenants, despite knowledge in its inspection reports of violations of the Lease, to take action to professionally supervise repairs, or to initiate repairs to known defective equipment and house conditions necessitating major repairs.

12. Plaintiff's pray for ajudgment against Rader for damages in excess of$ 10,000.00 for failure to properly supervise and maintain the property, failure to procure and properly supervise or inspect repairs to the property, allowing the property to fall into disrepair despite information in their hands of the deficiencies in the repairs, failure to inspect and order repairs due to deterioration of the house and swimming pool, and failure to protect Plaintiffs.

THIRD CAUSE OF ACTION: TAYRIEN'S BREACH OF CONTRACT

13. Plaintiff's affirm and adopt all proceeding paragraphs I through x as if fully restated here.

14. On or about July 27, 2006, Defendant Tayrien's signed a Siiwle Family Residence Or Condominium Lease with Rader, property managers representing the interests of Plaintiff's. The Lease contained certain written restrictions on maintenance of the property, restrictions on pets in the house, and restrictions on smoking in the house, among other covenants to pay rent and protect the property from damage.

15. Tayrien's, in violation of the lease covenants and restrictions, over the five years residence in the house have allowed the house to fall into disrepair, allowed indoor pets to damage the property, and have completely destroyed the market value of the property with smoking in the house. The damages for repair and purging the house of smoke are in excess of$ 10,000.

16. Tayrien's during the course of the lease term have failed to follow the covenants of the lease, have allowed the exterior and interior to be damaged without notice to Rader or Plaintiffs, and the consequent damages are in excess of $10,000.

17. Tayrien' s failed to vacate the property on expiration of the lease term on July 31, 2011, failed to pay rent for the period of August and September, 2011 until vacating the property, failed to cooperate with Rader in negotiating payment for the hold over period, and are in default for approximately $2,000.

18 Plaintiffs pray for a judgment against Tayrien's for damages in excess of $10,000.00 for failure maintain the property, for failure to report and assist with maintenance of the property, for maintaining pets in the house in violation of the lease, for contaminating the house with cigarette smoke, and for allowing the property to fall into disrepair despite information in their hands of the deficiencies in the repairs, to report or pursue repairs to the house and swimming pooi with Rader.

WHEREFORE, Plaintiff spray for a total judgment against the Defendants, individually and jointly for an amount in excess of $10,000 for breach of contract, for damages and injury to the property, negligent and/br intentional damages to the property. for unpaid rent in the amount of S2.000, for attorney fees and court costs in this action, and for such other relief as the Court may determine in law or equity.

01-16-2014 DISPDWOP 1 EXCEL PM LLC 88084855 Jan 16 2014 4:45:12:543PM - $ 0.00

DISMISSAL WITHOUT PREJUDICE

01-16-2014 DISPDWOP 1 RADERGROUP INC 88084910 Jan 16 2014 4:45:12:753PM - $ 0.00

DISMISSAL WITHOUT PREJUDICE

01-16-2014 DISPDWOP 1 TYRIEN, DAVID 88084911 Jan 16 2014 4:45:12:793PM - $ 0.00

DISMISSAL WITHOUT PREJUDICE

01-16-2014 DISPDWOP 1 TYRIEN, JOANNE 88084912 Jan 16 2014 4:45:12:823PM - $ 0.00

DISMISSAL WITHOUT PREJUDICE



02-26-2014 DISPCVDMWP 4 TYRIEN, DAVID 88526836 Feb 27 2014 8:31:16:827AM - $ 0.00

DISMISSAL WITH PREJUDICE

02-26-2014 DISPCVDMWP 4 TYRIEN, JOANNE 88526837 Feb 27 2014 8:31:16:997AM - $ 0.00

DISMISSAL WITH PREJUDICE



09-02-2014 DISPCVDMWP 2 RADERGROUP INC 91175928 Sep 2 2014 4:11:56:060PM - $ 0.00

DISMISSAL WITH PREJUDICE

09-02-2014 DISPCVDMWP 3 EXCEL PM LLC 91175929 Sep 2 2014 4:11:56:200PM - $ 0.00

DISMISSAL WITH PREJUDICE

09-02-2014 DISPCVDMWP 5 EXCEL PM LLC 91175930 Sep 2 2014 4:11:56:290PM - $ 0.00

DISMISSAL WITH PREJUDICE