Legal Question in Real Estate Law in Texas
I am a California resident who owns a house in Texas that I rent out and have a company manage it for me. I didn't receive my rent check for past January and I questioned the property managed and he said the company that collects the rent didn't send him the rent for that month because they were going through hard times (despite the tenant paying the rent). He said he clear up the issue and continue calling them to send the check out. However, I have still got nothing and was wondering anything I can do in this case? Thanks.
2 Answers from Attorneys
It sounds like you're going through two different companies to collect the rent.
And it sounds like you need to fire both of them. "Going through hard times" is NEVER an excuse for playing games with somebody else's money (i.e. yours).
If I were you, I would send certified letters to these two bozos immediately - telling them that they're fired. And send a certified letter to your tenant telling him to start sending the rent check directly to you. And then start looking for another property manager.
First, fire your property management company (by certified mail, phone call, and regular mail) and tell them that all funds collected on your behalf are to be forwarded to you immediately. Second, if you don't want to hire another property management company, tell your tenant to make payment directly to you. (For my out of town properties, I give my tenants deposit slips at a bank near them [e.g. Wells Fargo or Chase] and have them deposit rents directly. Then, stay on it! or evict if you have to. If you need to collect from your management company, your recourse is to take them to small claims court. Best of luck.
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