Legal Question in Landlord & Tenant Law in Florida

We hired a Property Management Company to manage and rent our unit.

Management Company rented our unit to tenants.

Tenants paying them rent.

Rent is not forwarded to owners. Management Company keeps the rent monies.

Other owners in our area have the same situation.

How can I bring charges against the Property Management Company?

We want to shut down this illigal operation


Asked on 11/03/09, 9:34 pm

4 Answers from Attorneys

Sarah Grosse Sarah Grosse, Esquire

This is a civil matter, so you do not bring "charges". Before taking action, you should be sure that your tenant is actually paying rent to the management company and obtain proof from your tenant. You should also look at the terms of your contract with the management company to determine when (within what time frame) they must forward rent payments to you and if there are any remedies/procedures written into the contract for breach of the contract by other party (notice/termination provisions, liquidated damages, arbitration, etc.). After obtaining proof, reviewing the contract, and complying with your obligations under the contract, you can then sue the management company for the rent monies owed to you, or other remedy as appropriate under the contract. The court you may sue in will depend upon the amount of money in controversy, and if over a small claims court's jurisdiction, you may need to retain an attorney.

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Answered on 11/08/09, 10:41 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Just sue them for breach of contract.

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Answered on 11/08/09, 10:53 pm
Brent Rose The Orsini & Rose Law Firm

It would be tough to get the police to file criminal charges against them. In order to prove theft, you'd have to prove that they purposefully intended to take the money from the tenants, never intending to give the money to you.

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Answered on 11/09/09, 10:31 am
Lesly Longa Longa Law P.A.

You would have to sue them for breach of contract in a court of competent jurisdiction. Have an attorney review your property management agreement and advise you accordingly. I would be happy to review it for you. Regards,

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Answered on 11/09/09, 12:35 pm


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