Jan 10
Laura D asked:
I am renting a home that was filed for foreclosure by my landlord. He is currently in jail for mortgage fraud. A third party management company was hired by my landlord to collect rent. Can the management company file a judgment against me if I don’t pay my rent?
3 Responses to “Can a management company file a judgement for nonpayment of rent?”
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January 12th, 2009 at 6:16 am
Sounds like the management company is acting as the landlord’s agent. So, yes. Their job is to enforce the contract. That he is in jail for mortgage fraud and the house is being foreclosed on is irrelevant; the contract you had with him is relevant. Speaking of which, anything in that contract about default on the part of the landlord? Cuz you’re probably about to get kicked out.
January 13th, 2009 at 6:36 pm
Yes, if they are authorized by the owner to receive the payments and manage the property, they can probably sue for an eviction or judgment for nonpayment of rent. They will do this on behalf of the owner of the property.
It’s never a good idea to enter into a voluntary agreement to pay rent and then fail to uphold your end of that agreement.
January 14th, 2009 at 11:05 am
If the owner still owns the property…
And
The management company is still the agent of the owner…
They can evict for non-payment. If I was the management company, I would do everything I could to get the rent while I was still the owner’s agent, so I could get my commission. :>