Rent paid to Owner's agent Agent doesn't give owner money Owner evicting for rent paid to agent Help! is this legal??

[horizon23]

Hello,

I signed a rental lease for a house with an agent of an out of town owner. Gave her the money to move in and did. Months later I get a call from the owner saying he has not received any monies from the agent and not to pay them anymore. He fired his agent, signed an amended lease, sent it to me, I signed it sent it back with a money order for rent. A week later He sent the money order back and said he was evicting me and gave a thirty day notice. When the eviction came it said I owed for the money that was paid to his agent. I was not behind at all with rent. I believe our amended agreement should still be valid and that I should not be responsible for money that his agent did not pay him. But, I only have one check stub receipt for the three months rent paid to the agent. The other two were paid in cash. One upon move in,(The agent did initial and sign the lease) the other paid into the bank account his agent had on the rental lease. I have been able to find those receipts. My question is - If he can not find his agent(agent disconnected phone) am I still able to claim that his agent who represented him is the culprit here and say I am being evicted illegally. I do not want to go through the process of moving again and I am sure he will not give me a deposit back either so I would lose all around. I wanted to get an experienced opinion on this.

 

Thanks

[yourbank]

Did you get a receipt everytime you paid?

[horizon23]

I did but I can't find them. Upon moving in she signed the lease and initialed above the deposit amount if that counts I have that. The second month is deposited directly into the agents bank account which is on the lease agreement as an option. I can't find that receipt but the bank teller remembers me so she will vouch for me. The third and last one I paid by check. I have the bank statement for that one. But wouldn't that only apply if the owners agent said I did not pay. It seem I would get the benefit of the doubt if the owner can not contact his agent that signed a lease agreement with me. The owner told me his agent will not answer his calls so they had to fire them.

 

Thanks

[yourbank]

Did the landlord appoint the agent?

Is the landlord serving an eviction notice because you haven't paid any rent(according to him) directly to the landlord?

[horizon23]

Yes, the Owner of the property(landlord) appointed the agent. I entered in the agreement with his agent in November 08. Paid the agent upon move in (Novembers rent), paid December rent and January09 rent. Owner called me directly at the end of Jan09 said he had not received any money from his agent collected from me. We agreed to do a new agreement to pay him directly. He sent me a signed amended lease agreement Jan 26. I told him I needed something in writing that he fired his agent. He faxed over the document on Feb 9. On Feb 13, I signed the lease and sent a money order for February rent. A week later he sent the money order back with a letter saying he was evicting me and gave a thirty day notice. When the dispossessory came it said rent owed from November 08($5000). I only owed him directly for Febuaray(I paid he sent it back) and after the thirty day notice maybe March.

I'm trying to find a case refernce or something that I can refer to in court saying that tenant is not liable for money given to an authorized agent if the agent did not give it to the owner of the property and our signed lease agreement is valid and binding.

 

Thanks you very much

[Planner]

Where is the property located?

[horizon23]

Property is in Stone Mountain, Dekalb county Georgia

[Planner]

Property is in Stone Mountain, Dekalb county Georgia

 

I thought there where some 'Americanisms' in some of the words (and the $ sign) you used in your posts.

 

This site is primaily a self help site for those with questions based in the United Kingdom, so we are unlikley to be able to help you as the law over here is likley to be different to the laws and processes over there.

 

In the UK, the answer would be that the landlord would have to take legal action against the agent if they dont pass the rent money on. I suspect its the same in the USA but I couldnt be 100% sure. I am sure there are plenty of US sites out there that could help you.

 

Sorry and good luck.

[yourbank]

Eviction Laws by U.S. State - FL to LA

 

Try this link, it gives you the laws that may be applicable in your state. It may be worth either getting advice from a legal professional.

[horizon23]

Thank you

sorry about that

[yourbank]

Thank you

sorry about that

For me its not a problem, I love researching stuff so its no problem whatsoever. Good Luck and when you have success then post an update.