How do I collect from property management company if I win?
Ive been in my rental for almost 8 years and the property was sold last year in the middle of our lease to what appears to be a scum lord. Theres NUMEROUS reasons I feel this way that theres not enough characters allowed to share everything. I have strong suspicion that the property manager will not return our deposit for made up reasons like damages or claiming the washer/dryer are theirs. Even though they purchased the property "sight unseen". NO move in checklist was done either. My question is if it does end up going to court
& I win how would I collect? The property itself is owned by a different company so its not like I can file a typical wage garnishment.
- Ron AkiaLv 72 months ago
You seem to be assuming quite a bit here. If you've complied with all terms of the lease and there is no property damage, other than normal wear and tear, there is no reason for them to not return your deposit. As for the washer and dryer, if you have the receipts, there should be no problem. As for suing the property manager, he is an agent of the owner, you may want to sue the owner if necesary.
- MaxiLv 72 months ago
'If' you have to go to small claims court and 'if' you win that gives a CCJ against the 'person' or 'company' you filed against, 'if' they choose not to pay then you would follow the legal process where you are in the world, which could mean returning to court to get a bailiff to go to the company in person to collect what was awarded
- Christin KLv 72 months ago
If you take anyone to small claims court and win, it is up to you to collect your judgement. And that is always difficult if the loser decides to ignore your pay demands. Call an attorney for finding out how to get payment out of someone you've won against in small claims. They can write letters, file liens, and other things that may help.
- babyboomer1001Lv 72 months ago
"Sight unseen"? You are kidding yourself. The property had to have photographs, and likely very good ones, and the purchase no doubt came along with a full description of what is included, including appliances that belong to the property. Why would they do a walk-through mid-lease? Your expectations don't make sense. Don't you think that when the new owners purchased the property, that their purchase included complete files of the current tenants, and prior tenants - all the records? Move-in check lists are actually rare. As much as they are talked about, most landlords do not use them. Photographs and check lists prior to a tenant moving in are much more common. If you are left feeling cheated after move out you can sue but you had better be awfully sure that you are going to win, because the lawsuit will be of public record and losing the lawsuit against a prior landlord will likely prevent you from renting again. No landlord would want to be your next victim. If the lawsuit does result in your favor and the landlord fails to pay you, then you would have to hire a lawyer to collect the debt for you.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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so you chose not to do your own move in check list with pics? do you have a receipt for the washer dryer? since its a company you can try public shaming/contact BBB
WHAT?>?????, you seem all over the place.
Are you planning on moving out anytime soon?
Your landlord would have to reference the move in checklist that you did when you initially moved into that place of which you should have a copy of.
You have been there for 8 years so its possible there might be a portion of the deposit kept. I would imagine over 8 years there has to be some damage that may have occurred, if not then you should get it back. If you have to go to court to get your deposit back and if the judge deems you should have it back the landlord will be under court order to pay you if not he will be involution of the court.
- SlickterpLv 72 months ago
You need to have receipts for the washer and dryer, and take lots of pictures.
- Landlord365Lv 62 months ago
A suspicion does not get you anything. Move in check lists are not legally required in most states.
If you win in court & they do not pay then you have to notify the court they failed to comply. If it comes down to it you would have to get a lawyer.
- Anonymous2 months ago
You'd have to hire an attorney who would subpoena their financial records and then they could attach a bank account or put a lien on property or something like that.
I was sued way back when. I did not show up to court and lost and I was not paying them. Until I got papers demanding all my financial information. Then I knew it was real so I called the attorney and asked where to send the money.
The cost of the attorney is yours. But if you win you may get the filing fee added to the judgement.
I forgot, I was sued another time and lost then too. That guy never collected a dime. I was like $90 +35 or whatever court cost. I know I would have won that one if I showed up but I stood to lose more than $90 by wasting a morning in court.