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Thanks. ***** management company must go to court and sue your Father to get the money they say is his fault. Though if the Management Company unilaterally made a decision without permission from their boss - your Father, then they don't have a case. But if they are taking money from the rentals they are collecting, then they are essentially stealing.
So Your Father has two options1 - Report the Theft to the police and have them criminal charged for the embezzlement OR2 - File in Small Claims court to get the money ordered back.
If he files criminal charges, a judge may also order the management to repay in restitution. And maybe your Father should consider terminating this company and looking for another management company.
Yes. I understand it was not under direction of your Father, as I noted. They have taken money without permission or a court order to take money and that is Embezzlement.
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Not unless that is part of their agreement. If there is no such agreement, then they are stealing from him. If they believe they are owed anything, they need to file a lawsuit and get a court to agree and issue a judgment for the claim. They cannot simply steal from him.
They were sued. They lost and had to pay the tenant for behavior that apparently was unlawful. What they are stealing is what they believe your Father owes in that regard. However, they should never be taking anything without your Father's agreement.
And so no. I suggest the money they have to pay on the lawsuit they lost was solely because of their behaviors, unless they can prove they were ordered by your Father to enter the apartment, etc without Notice.
Well, yes, it would IF they were not negligent or broke a law. Your Father is only responsible for lawful behaviors. And so they still would need to sue him. The clause does not mean they take it without discussion- or that if your Father disagrees they simply steal it. IT does say "Regardless of Responsibly" but I suggest it does not include negligent behaviors for which they were sued and they lost.
Thank you. Yes, and he can file a police report for embezzlement. And yes, I suggest he can file for the lost rents, etc - it was their negligence that caused the loss.
He does not need to file a policed report. He can sue in small claims without a local attorney. Yes, I suggest, a demand letter is a good practice, though not necessary, before bringing a lawsuit. And that it should be mailed certified with a return receipt requested.
Here is a LINK to explain the small claims process. He can forego embezzlement criminal charges and just sue, if that is what he decides to do
In California a Demand letter is required and it is explained here at this LINK