If a tenant paid a former property manager and has a receipt, can theirlandlord evict them if he never received the money?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If a tenant paid a former property manager and has a receipt, can theirlandlord evict them if he never received the money?

Tenant paid $5k for the former property manager without landlord consent/knowledge. Former manager was asked not to collect rents or have anything to do with properties starting September. Tenants have a receipt saying they paid $5K. Tenants have no lease agreement. Can landlord evict them?

Asked on September 21, 2011 under Real Estate Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Assuming you can prove delivery of the rent money to the former manager, the issue will likely turn on whether you knew or should have know that the person was no longer associated with the properties at the time you paid him or her. For example, say that you did not know that that the former manager was no longer associated with the properties or collecting rents--this was the person you'd paid rent to previously; the landlord never told  you not to pay to this person; etc.--then your paying them rent, if you can prove it, should be sufficient to avoid eviction. On the other hand, if the landlord can show you'd been sent an email or letter, etc.,  to not pay this person, but you paid them anyway, then your payment of the former manager would likely be ineffective. You'd still owe the landlord the rent, but may be able to sue the former manager (e.g. in small claims court) to get your money back.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption