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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Junior Member
Last Online:
Apr 28th, 2008 01:05 PM Join Date: Apr 2008
Posts: 3
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Please advice.
I paid a Florida realtor upfront commision for a year lease. The tenant paid first and security. He has lived in the unit a total of three months and has not paid rent in two months. He is in the process of being evicted. Can I sue the realtor for the commision? We never did a written contract because she is a freind of a freind. A credit check was never preformed by niether of us on the tenant. She personnally vouched for the guy. |
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#2 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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What kind of agreement did you have with the agent? What type of screening was she to do for you? If you had no agreement to do any type of screening, but to only find you a tenant, you certainly weren't specific enough. She did find you a tenant, a bad one.
My next question is why did you pay her a year's commission upfront? Why didn't you pay each month for as long as he stayed? Again, a written agent agreement would have cleared this up. I don't know if you would be successful in suing for the complete commission back, but you may be able to get some of it based on that fact that he didn't stay the entire year. Next time, use a proper PM or agent with a signed contract listing exactly what and how each tenant will be screened according to your criteria. Never use a friend or relative or rent to one. And always do a thorough screening with credit, background, and criminal checks. |
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