I am a tenant with a small claims action to file. Do I list the Property Manager or the Property Ow

Profile picture for alalakeside
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November 22 2010 - Brawley
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Answers (5)

Profile picture for Mills Realty
I just read an article about small claims and the article suggest to name everyone.  If the party turns out not to be responsible the judge will not issue a judgement against them.  However, if they turn out to be responsible then you have two possibilities to collect...assuming you win.
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November 23 2010
Profile picture for Bruce Cadden
The owner is the principle party, but the property manager should be copied on any and all documents and filings.
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November 23 2010
Profile picture for wetdawgs
As I have no idea small claims you are filing, it would be hard to guess.
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November 23 2010

Do you have a contract (lease) ?  Since a lease is a contract between you and the some other individual(s) or company, you are obligated to them, they are obligated to you.  If you do not have as written lease, who owns the property, who do you make the rent check payable to? It is likely that the property manager is simply an "agent" or contractor to your landlord. All that being said, if you also include the property manager, you will also get his or her attention and they will also put pressure on the owner to comply with their agreement and resolve the issue, if they in fact are in breach of the agreement.  Before you go and do this,  have you tried to settle it directly with the landlord? If you have not done so, I would encourage you to send the landlord a friendly certified letter clearly stating what you believe is the issue and expressing a willingness to meet to tdiscuss it or resolve the issue or demanding that they address the issue per the terms of your lease if it is clear what needs to be done. I don't know you, I don't know your landlord. Not all landlords are slime, not all tenants are saints. But assuming that you are both people who act with "good intentions" , I would encourage you to try to address it in a civil,friendly but stearn manner.  If this fails or has failed, proceed.....   Good Luck

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November 23 2010
Profile picture for Cvillecpm
You file against whoever you gave your deposit to.
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November 23 2010
 

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