Legal Question in Civil Litigation in California

I inherited 25% of an apartment building, which is owned by members of my family. A cousin is the property manager. The situation did not work out and I gifted my share to my brother. The cousin owes me my share of the rents he has held back. How do I get this back? He is refusing.

I never signed a partnership agreement stating he could keep this rental income to put back into the building or of any kind.


Asked on 10/28/10, 7:01 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

I assume you are talking about rent earned before you gave your ownership portion away. What reason has the cousin given for not paying you the share of the rent? Whether he has the right to reinvest the rent into building improvements depends upon the property management agreement. If nothing is said, then he probably should pay the rent over to the owners and they decide what to do with it.

You have not supply enough information for me to know what your next step should be. Has the same almount of rent been withheld from the other owners, what is their attitude, what does the property management agreement say, has the local public entity ordered repairs be made, etc.

Read more
Answered on 11/02/10, 10:11 pm
Terry A. Nelson Nelson & Lawless

If you can prove you are actually owed money, then if you can't collect it through agreement among the parties, you could always sue for it. If it is a substantial enough amount to justify hiring an attorney, feel free to contact me to discuss. If under $7500 you can file in small claims court.

Read more
Answered on 11/03/10, 10:18 am


Related Questions & Answers

More General Civil Litigation questions and answers in California