Q: The Realtor we had listing our house told us that they did not do open houses anymore..that it was enough to be listed on the internet. After having the house for a few months and doing nothing to try and sell it he had someone call him about renting the house. He suggested we rent it and so we took his advice. I asked him if he got a background check on the couple and he said no , he knew them and they were a good family. Well , the good people did not pay the rent on time the first couple months and they told us they were getting a divorce the 3rd month. She moved out..he stayed and did not pay the rent at all. He kept saying his dad would pay it ?never happened. They took down doors inside the house ..repainted a few of the rooms that had just been painted but made a mess of it. The jacuzzi tub was used to clean paint brushes and had paint on the bottom of the tub and all over the door and walls of the bathroom where it splashed. The real estate agent took 1200.00 from us for renting the place to them and we have had to deal with the mess that was left when we finally got the guy out of the house. Is there anything we can do about this ? We were told that you never get money in small claims court going after them. I want to know why the Realtor should keep the $1200 for renting the house. I asked him why he didn?t listen to me and get background info on them. He said he was not set up as a rental agency. I asked him why he did the rental then ?..no comment and he says he won?t give us any money back.
?Callie, Alabama
A:If I were you, I would be contacting this realtors Broker. If the Broker is not interested in working with you I would contact the local Real Estate Commission and filing a complaint. As a licensed Broker of nearly 20 years, I have no tolerance for other agents not doing their best to uphold our reputation. This is exactly why we have the population of FSBO?s that frequently get themselves into a mess.
Carolyn Mitchell is a Realtor? with D. Schafer Realty-Bella Vista in Bella Vista, AR.
A: A lot of details would be required to really answer this question. But, first I would talk to the Agents Broker or Principal Broker and see if they can assist in a resolution. Refer to your rental agreements. Definitely speak to an attorney about pursuing the tenant in small claims court. I was a bill collector and have owned collection agencies in the past! My father just sold his collection agency and retired. I can tell you the only way to get money from a judgment small claims or other is if you have an asset to seize. Income from employment, a bank account (refer to cancelled checks) perhaps a free and clear car. The best assets are the bank account and the employment. In that order, most state laws let you clean out the bank account (do it just after payday and you get it all) and then garnish 25% of the tenants wages.
Meantime, hire a reputable property manager to assist in any further rentals of the property. They will complete the due diligence on prospective tenants so you minimize the risk of this happening again. The property manager will only charge 8-10 percent of the rent. Sounds like a lot at first, but after what you have been through it would have been money well spent!
James J. White is a Realtor? with Liberty First Realty, LLC in Tualatin, OR.
A: Sounds like you need to speak with an attorney.
As far as the Realtor goes, you can always contact the real estate commission to file a complaint, etc.
Good luck!
Raine Spivey is a Realtor? with Reign Realty LLC in Charlotte, NC.
A: I am very sorry your agent has done this to you. This was not professional on the realtors part and he should of referred you to a reputable rental company to help you with the rental. I would contact the agents broker and let the broker know of the situation. Also I would contact your local Board of Realtors and have them look into the situation for you. I have dealt with rentals and renters before, You do spend some money and time in small clairms court and some time you do recover your money with a judgement against the renters.
Sandy Straley is a Realtor? in Layton, UT.
A: Check with a Real Estate Attorney. Usually they?ll do a consultation free. They might give you advise over the phone. It may depend on what paper work you all had as to what degree you can ?go after? the Realtor for.
Connie Covert is a Realtor? in Kansas City, MO.
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Source: http://www.realtor.com/blogs/2011/08/26/who-is-responsible-for-bad-renters/
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