Legal Question in Real Estate Law in District of Columbia

Property Manager defaulted on Rental Payment

I have a property manager overseeing property in Tampa, FL. He collects rent from tenant and deposits in my account. Every deposit has been late by 1 week plus since inception and the June payment bounced and he is not responding to email/calls. Actual tenant pays on time but the property manager is late in his payments. What can I do to reclaim my $1400. I have tried emailing/calling but to no avail.


Asked on 8/15/07, 11:37 am

2 Answers from Attorneys

Philip Friedman Bonifield, Friedman & Leifer, P.A.

Re: Property Manager defaulted on Rental Payment

What type of agreement so you have with the property manager (written contract, oral), how long was this "course of conduct", what name(s) is the lease agreement in between the tenant any you or the property manager. Most likely, you will need to file suit to recover, if you cannot otherwise contact him, but more facts are needed to determine the best course of action.

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Answered on 8/15/07, 3:48 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Property Manager defaulted on Rental Payment

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you mean that the tenant's check bounced and the tenant is not responding to emails or calls, then your only option is to provide the tenant with a three day notice to pay rent failing which you file the eviction. You will have to hire an attorney to handle the eviction unless you do it yourself.

You can file a count for treble damages for the bad check but it may be totally uncollectable.

Scott R. Jay, Esq.

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Answered on 8/16/07, 12:03 am


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