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Ellen
Ellen, Lawyer, Consultant
Category: Legal
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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Background: I own a home in GA but live in FL. We are now

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Background:
I own a home in GA but live in FL. We are now retired
Military and have used the same property
Management company to rent our home
since 2007.

We are on our 3rd tenant with this company. The
first 2 tenants were well managed but this one is a
nightmare. This tenant rules the
Co. and by default me. We have since found
that she has a "long standing" relationship
With this Co. She owes May, June
and July in rent, $3600, and $2500 in unpaid
late fees. The property manager says late fees
belong to the company and not me until they are
deposited per GA law. She has always been a
slow payer but the timeline is now longer and longer.

In June I asked for an eviction and repeatedly
called the lone agent in the office.
Two days ago he told me
the eviction had been filed an it was in the
hands of the sheriff to serve her. I called
the sheriff- not filed. He lied. I have hundreds
of emails to back everything written but none
of him telling me the eviction was filed.

Problem: If I fire the company I will be out
the money from the tenant AND owe the Co.
$1400.

Help: Please do not reply that I should fire the
Co. That's a given. I also know this his gone
on far to long. Since the tenant has been in our
home we have survived a war, a retirement
and a near fatel car accident. What I need to know is
1. Can we legally file an eviction while a
Contract/ power of attorney is in place?
2. Can I sue the mgmt. company for the
balance of rent and late fees? I know I'll get
A judgement once the tenant is out but I
have no idea how to collect.
3. Once fired, what happens to the security
deposit? And will I have access to her SSN etc
So I can pursue collection?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your service to our country. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

1. Can we legally file an eviction while a
Contract/ power of attorney is in place
?

Yes. A power of attorney gives the holder of the power the ability to act for the principal (you). A power of attorney does not prevent the principal from acting himself

2. Can I sue the mgmt. company for the
balance of rent and late fees? I know I'll get
A judgement once the tenant is out but I
have no idea how to collect.


Yes. You may have several other causes of action against the management company as well based upon its mismanagement and breach of fiduciary duty.


3. Once fired, what happens to the security
deposit? And will I have access to her SSN etc
So I can pursue collection?


You can ask the court to order the management company to deliver the deposit to you and for the tenant to supply her social security number.

Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney. Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Ellen and 4 other Legal Specialists are ready to help you
Customer: replied 3 years ago.
Thanks! Can you tell me what other actions I have? Also I have sought legal advice but have not gotten a single call back. I will use your website.


You appear to have a fiduciary relationship with the management company. This means that you have rightfully and legally placed trust and confidence in the management company to protect and manage your property and money. As a fiduciary the management company owes you a duty of loyalty and due care. He must not place his own interests above yours as this management company seems to have done. Therefore you may have an action against the company for breach of fiduciary duty. If you prevail in your action you may be entitled to attorneys fees, court costs, actual damages that resulted from the breach and punitive damages ( damages in an amount to punish).

More often than not an attorney will not call back unless the person is a pre-existing client. You may want to consider making an appointment with an attorney in Georgia.