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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 1739
Experience:  Practicing Attorney with 10 years experience
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Can the property manager rental property deny payment of the

Customer Question

Can the property manager for a rental property deny payment of the rental income to the property owner where there is outstanding expense to the property manager?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 6 months ago.

Under Texas law, the property manager is required to turn those funds over to you. There does not seem to be any reason for them to withhold or offset payment to you in the question as you stated, so under Texas law, they are required to pay you.

Since the amount in question is $600 you are within the permissible limits of the Texas small claims court, so I would suggest that you file a suit in small claims court to recover the $600. When you win, the property manager will also have to pay your filing and court costs in the small claims suit.

Here is the background information and link to the official forms that you will need. The suit should be filed in the county where the rental property is located:

http://guides.sll.texas.gov/small-claims

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 6 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Customer: replied 6 months ago.
Legal issues are seldom so simple as can be expressed in a single question. Your business model preys on additional cost for a full and complete discussion of the issue beyond the single question constraint. As such I'm not completely satisfied with the service. Please refund my payment.
Customer: replied 6 months ago.
Even a simply legal issue can not be limited to a single question. I don't like your business model which employs a single question constraint, whereby additional follow-up questions require additional payments. Please refund the $19 I paid.
Thanks,
A. Flowers
Expert:  Asad Rahman replied 6 months ago.
No they still have to pay the owner the money owed. They have to sue to collect their property management fee. One caveat to the answer is if their contract allows for the withhold.
Expert:  Asad Rahman replied 6 months ago.
5 years later it would be very hard to get it overturned. The simpler route would be to ask the court to modify the divorce decree.