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Last Civil Law Question:

What action can we take in order to receive the money owed to us by a property management company?

Civil Law

Antonio Flores Vila

17th of February 2004
Q. We own an apartment close to Marbella which we rent out through a property management company, who has failed to pay us rental monies for the last 4 months. What action can we take in order to receive money owed to us? Thank you.

Tim

    A. The way forward will be determined by the type of contract you have signed with the rental company. If they are your tenants with a right to sublet, you would have to instigate a recovery of debt and eviction procedure. However, if you have signed a contract of mandate with the agent, empowering them to rent out your apartment, and they have failed to give you the rent which they have received from the tenant, they could be incurring in a case of misappropriation, a criminal count.

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