Property manager owes us money, need help with small claims court filing

[zoelee]

Nobody on this forum knows this guy. How are we supposed to know if he will retaliate in some way?

Just because someone exercises a right doesn't make them a threat.

Thanks, I know this is my personal impression on him. Totally subjective.

This reminded me another thing: when one tenant emailed me and said she wanted to end the contract prematurely due to his negligence and demanded her deposit back, she said he asked for 2 months' security deposit from her (this was with the previous owner, he was also his PM). But he only forwarded us one month rent as the deposit when we closed on this property 1.5 years ago.

My tenant said she keeps the payment receipts to prove it. Assuming she does have the proof, who will be the plaintiff if we go to court? My tenant or me? Or us jointly?

I know this is a mess, and I feel dumb getting ourselves into this situation. Definitely a learning experience.

 

[Zigner]

My tenant said she keeps the payment receipts to prove it. Assuming she does have the proof, who will be the plaintiff if we go to court? My tenant or me? Or us jointly?

SHE will be the plaintiff. YOU will be the defendant.

 

[PayrollHRGuy]

I do have to ask. Have you fired this property manager yet?

 

[zoelee]

I do have to ask. Have you fired this property manager yet?

yes, when the tenant complained and refused to deal with him

 

[zoelee]

SHE will be the plaintiff. YOU will be the defendant.

i have the check from the PM to show I only have one month of rent. the contract the tenant signed also states one month of rent. If I'm the defendant, I don't think she will have a case. Her payment is to him, not us.

 

[Zigner]

i have the check from the PM to show I only have one month of rent. the contract the tenant signed also states one month of rent. If I'm the defendant, I don't think she will have a case. Her payment is to him, not us.

He's your agent, the payment was to you, through him.

 

[zoelee]

He's your agent, the payment was to you, through him.

his check to us was noted "deposit" and the address. it's one month, not two. will that be enough evidence? plus the leasing agreement says "one month rent security deposit".

 

[Zigner]

his check to us was noted "deposit" and the address. it's one month, not two. will that be enough evidence? plus the leasing agreement says "one month rent security deposit".

You've got a mess on your hands. I'm sorry, but I think an attorney may be in your future.

 

[zoelee]

You've got a mess on your hands. I'm sorry, but I think an attorney may be in your future.

I know. Thank you and everyone else who have posted here to help.

 

[quincy]

I know. Thank you and everyone else who have posted here to help.

We all appreciate the thanks, zoelee, so thank you.

I hope all can be resolved for you without too much difficulty.

Good luck.

 

[zoelee]

We all appreciate the thanks, zoelee, so thank you.

I hope all can be resolved for you without too much difficulty.

Good luck.

This might be a silly question: should I send the demand letter to his business address, or personal residence?

His business address is a rent POBox at a commercial office. I asked the clerk how the PObox owner receives certified mail with a return receipt requested, they said they'll sign for the POBox owner. Not sure if this is good enough. He might deny reception of the letter.

 

[quincy]

This might be a silly question: should I send the demand letter to his business address, or personal residence?

His business address is a rent POBox at a commercial office. I asked the clerk how the PObox owner receives certified mail with a return receipt requested, they said they'll sign for the POBox owner. Not sure if this is good enough. He might deny reception of the letter.

You can do both.

 

[zoelee]

You can do both.

Duh, why of course

 

[quincy]

Duh, why of course

Hahaha. Sometimes answers to questions are obvious only after the asking.

 

[STEPHAN]

Just some thoughts.

The LLC could be registered in a different state.

Check if he has a license to manage property.