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PROPERTY MANAGER EXCEEDED AUTHORITY AND EMBEZZLED COLLECTIONS

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gvaetax


Arresto Menor
I have verbally appointed a property manager (PM) to manage my properties whilst I m overseas.

7 years passed I returned and found out that :
a) 2 residential properties have been occupied by the children of the PM without paying rent. One constructed a cement and wooden house without my written or verbal consent. The tenant said they were authorised by the PM

b) several collected rent were not deposited to my deposit account with a bank.

Question:
1) the property management contract is verbal. My only proof is that the property manager kept some records of the income and made some deposits. Is this verbal agreement valid?

2)  The property manager said that she designated her daughter to deposit the collections. But the PM never checked if they were actually deposited.
Who should i file a case of Estafa against ? the PM or the PM s daughter or both?

3) The PM s children who are occupying my properties refused to receive my Notice to Vacate. They said it should be received by the former PM who authorised them to occupy.

4) What is the procedure for ejecting the above tenants?

I would appreciate any comments or advice...



Last edited by gvaetax on Wed Jun 08, 2016 10:10 am; edited 1 time in total

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tsi ming choi


Reclusion Perpetua
1.At the beginning, that oral contract is invalid since the law requires it to be in writing (Special Power Atty.) However, since you received benefits therefrom by way of rental fees, then such defective contract becomes valid and binding.

2. Estafa against the property manager since you contracted with her and not to her daughter.

3. Send the demand letter through a return mail.

4. You need a lawyer for the procedure. Better secure a lawyer to avoid legal technicalities, since you already committed an error in the beginning of the contract.

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