Tenant did not pay Rent/Moved out.where abouts unknown.

[jmsamy]

I have two questions one regarding Lease Purchase and othe regarding Tenan't Rent.

LEASE Purchase Agreement Issue:

When we tried to sell our house, one buyer wanted to buy the property based on lease purchase agreement. 1 year "Purchase and Sale Agreement" was signed and "Residential Lease Agreement was also signed.

- In the "purchase and sale agreement" document, Where ever it said, Selling broker, the agrent striked out that and changed to Property Manager and signed and no License information was provided. Now we learned that he is not licensed.He did the same thing in Option Agreeement

- An option agreement was also signed buyer,seller and property manager also signed. Her addeda stipulation. In that he specifically added a note which said "$$$ shall be due and payable to the property Manager xxxxx, on or before <Closing Date> in consideration for the service rendered by the seller to be credited towards the amount owed to the property manager of $$$, which is 2% of purchase price.

- $5000 was paid as down payment buy the buyer directly to the Property Manager which will be deducted during closing. After one year, the buyer did not close the sale. Lease purchase agreement was extented for another 1 year. Sale did not happen again. Another Residential Lease agreement was signed for another six months. The buyer decided to move out before the lease expired and gave 30 notice as per our agreement.

My questions is..
Who should get the down payment given by the buyer if the sale did not happen as per the PURCHASE AND SALE Agreement?. Buyer defaulted. The Agent (property manager) who is not licensed claims that the down payment belongs to him. He says, this is not a down payment. It is a for the service rendered to get this buyer.

Is it legal to act as an agent/property manager with valid license?

RENTAL ISSUE

The buyer moves out of the property. My question is rental is,
- The buyer did not pay the rent for 45. They moved out and we did not know where they are. Who should I go after for the Rent. Is it the Property Manager or the Buyer. Property manager is not responding to our quiries regarding this. How can we proceed.

- When they moved out they left some stuffs. How can we handle the left over things? Do we need to worry about any legal issue of the left over items.

- They paid $500 deposit. The property is in very bad condition (Carpet fully stained and need to replaced. Damages to the walls/floor/doors. Can these be claimed through small claim court directly or through the property manager?

- How can we file a complaint if we did not know the whereabouts of the tenanat?

I tried to keep it short and I wanted to provide as much detail as possible.

Appreciate your expert help and thanks for your support.

It is not legal to act as a real estate agent for other people without a license. A person may or may not act as a property manager for others without a license. (This depends on your state's law. Some states require a license, others do not.) If no sale went through and the "r.e. agent" wasn't licensed, you should receive the money. If you don't turn this person in to your state's licensing board for real estate agents and sue in court.

The tenant is responsible for all rents owed.

Abandoned property must be disposed of by following the abandonment laws of your state. Please list your state. Did you receive the keys to the property?

Get a carpet cleaner to write a report stating the carpet cannot be cleaned. Document through photos and save a 1' piece of the worst area in a large ziplock bag for court. Total all deductions, including the depreciated cost for the carpet (not replacement cost), cleaning costs, removal of belongings, receipts for repairs of damages, etc. Subtract the deposit and show the rest as owed immediately. Mail this statement to the rental address with the notation of "forwarding address service requested" under your return address within your state's time limit. Then locate the tenant and file against him in small claims or civil court for the amount.

You cannot file against someone if you can't serve him. Find him. Check all addresses and references on his application. Check his work. Do internet searches. There are many ways to find that tenant. When you do, file.

[jmsamy]

The State is GA and the city is Lawrenceville.
Regarding the Key, the tenant handed over the key to the property manager and he mailed it and we are waiting for it.

Thanks for your instructions.

I can find no abandonment laws for your state that pertain to a renter's personal furniture. But if he surrenders keys to the PM and the PM gives them to you, he has relinquished possession of the unit and its contents. I would, just to be safe, store these items for 30 days in case he returns to ask for them. Most states require that abandoned furniture be stored for 30 days before disposal.