Legal Question in Real Estate Law in North Carolina

Verifying tenant rent payments

Hi

I have an out-of-state property managed by an prop. mgmt company. Recently, they informed us the tenant has failed to pay their montly rents. Also, I just learned from other investors that this manager failed to deliver the 3-month rent monies to the owner even their tenant did make their payment on time.

I really want to call/send a letter directly to my tenants verifying their payment, but not sure if I violate the contract with mgmt comp?


Asked on 11/04/08, 3:52 am

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Verifying tenant rent payments

You should request an accounting of your account with the property manager. This should contain the date of each rent payment paid and the same for payments made. After receiving the accounting you can decide what other action, if any, you should take.

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Answered on 11/04/08, 1:58 pm
David Gibbs The Gibbs Law Firm, APC

Re: Verifying tenant rent payments

First, you need to review your contract with the management company to determine whether contacting the tenant might violate the terms of your agreement. There is no such thing as a "standard" management agreement, and the agreement you signed is probably governed by NC law, since (I assume) that is where the out of state property is located (as well as the management company). If you need legal advice, unfortunately you will have to contact an attorney in NC, since the contract, the property and the management company are all located there. Further, you can contact the NC Department of Real Estate to check on the manager's license (if one is required there) and to file a complaint if you feel it is appropriate. I'd start with an attorney in NC to discuss your options.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/04/08, 1:59 pm


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