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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Realtor placed a bad tennant

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Old Apr 28th, 2008, 12:59 PM     #1
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Default Realtor placed a bad tennant

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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Old Apr 28th, 2008, 08:13 PM     #2
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Default Re: Realtor placed a bad tennant

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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