Use The Law To Get Your Referral Fee From the Apartment Community

If  you are a real estate agent or apartment locator have you had trouble getting paid by the apartment community?  The majority of apartment communities are more than willing to pay you. However, there are always few companies that will “play” the stall card.  Typically they will tell you they are a 90 day pay property. Meaning they will not cut a check until the residents has been in their apartment home for 90 days.

Others properties have some sort of complicated algorithm which requires the tenant to pay a certain amount of rent based upon any move-in special they may have.

Most properties will pay within 90 days. However, if the apartment manager keeps stalling and corporate will not get back to you, there is a way to force their hand. I have outlined the procedures below and the cost is nominal compared to using an attorney.

  You will want to write a certified letter to the property. It really is more of a demand letter. You will want to state who you are and why you are writing it.  State in the letter that if you are not paid within seven business days you will take the appropriate action, including using the court system to resolve the issue. You will want to also let them know you will also hold them responsible for any court costs and any additional fees or fines you can levy against them for wasting your time.

If the property is notorious for non-payment you probably will not hear anything from the property or management company. However, in a number of cases you will normally receive a call from the apartment manager or someone at corporate headquarters explaining how sorry they are, and that they will send out the check immediately.
  
     Make sure you get the direct number to the individual who calls you. They should also provide you will a check number too.

If the demand letter does not do the trick, you will have to go down to the county courthouse in your area. In Texas, there is a simple form that you must fill out. It will cost you $95 for the courts to serve the defendent. If you are filing against a corporation, you will want to know who the registered agent is. They will serve the defendent within 7-10 days. At this point, you will probably receive a call from an attorney or the legal department for the property.  This should get you paid.

If not you will be off to small claims court. But don’t worry too much. Most properties will pay as the commission is not worth representation by an attorney at court.