Legal Question in Landlord & Tenant Law in California

My roommate and I rented a single family home for $900 per month. When we moved in, we were supposed to do a walk through with the landlord. But instead the property manager instructed us to fill out the rental agreement; make the money orders out in the landlord's name and he would give the documents to the landlord for us. When we asked for our copies of the rental documents and a receipt for the rent, the property manager said he would have to get back to us. Since we didn't have anything in writing and the landlord was out of the country on vacation, we withheld giving the property manager this month's rent until the landlord returns this week. I was able to get the landlords address and phone number and left a message and sent a letter explaining our concerns.

I found out the landlord never received the rent and that the property manager cashed the money orders. I don't know who to contact first and should I file a police report? Thank you

Asked on 9/15/10, 7:26 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC
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Assuming that the property manager is a licensed real estate salesperson or broker, contact the California Department of Real Estate and file a complaint. The homeowner should do the same. Also, file a police report, as should the homeowner.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. 528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 9/21/10, 12:20 pm

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