Apollo Beach, FL asked in Criminal Law, Real Estate Law and Landlord - Tenant for Florida

Q: Our property manager has not been paying rent to us that the tenant has been paying him. What's our next step?

We have filed criminal charges as well as complaints with NEFAR and Dept of Bus and Prof Reg. NEFAR has agreed with our complaint and has added additional complaints against the property manager. The sheriffs dept said it was a civil matter, but we still want to pursue this area. We also would like to re-coup what we can. We are having a hard time finding a lawyer with experience in this area.

2 Lawyer Answers
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Criminal Law Lawyer
  • Boca Raton, FL
  • Licensed in Florida

A: Hire a lawyer and sue the property manager for theft (possibly civil theft) and breach of contract. Any basic litigation lawyer in your area should be able to handle this, it's an extremely basic case. There are no special skills needed.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: I agree with attorney Klurfeld, this is a basic civil case or contract case. Not really anything special. I also agree that you may be entitled to seek treble damages under the civil theft statute. Keep trying there has to be a lawyer in your area that can bring this case. Most attorney's on a case like this will likely charge you hourly but hopefully your property management agreement has an attorney fee clause

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