Q: Our Florida tenant paid our property management company using forged certified checks. The management company
forwarded the normal rent payment to us until it was determined the checks were invalid. Who is now financially responsible for the bad checks - us or the property management company?
A:
In cases like this, the financial responsibility typically depends on the terms of your agreement with the property management company. Generally, if the management company acted in good faith and followed standard procedures, they might not be held liable for the forged checks. It's important to review your contract with them to understand the specific provisions regarding fraudulent payments and liability.
If the contract does not clearly assign responsibility in such situations, or if you feel the management company was negligent in accepting the forged checks, it may be worth discussing the issue with them directly. Often, resolution can be reached through negotiation. However, if this approach is unsuccessful, you may need to consult with a legal expert to explore your options and understand your rights under the law.
Remember, situations involving fraud can be complex and outcomes can vary based on local laws and specific contractual terms. It's crucial to gather all relevant information and approach this issue calmly and methodically. Communication with your property management company is key, and seeking legal advice could provide clarity and help you determine the best course of action.
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