Fill and Sign the Complaint by Owner of Real Estate for Accounting and Payment of Amount Due from Property Manager Form

IN THE _______________________________ COURT OF _____________________________________ (County), ____________________________________________ (State) ____________________________________________ (Name of Plaintiff) PLAINTIFF V. CAUSE NO. ______,______ _____________________________________________ (Name of Defendant) DEFENDANT COMPLAINT COMES NOW _______________________________________________ (Name of Plaintiff) , Plaintiff in the above-styled and numbered cause, by and through his attorney, and files this his Complaint against Defendant, __________________________ _______________________________ (Name of Defendant) , and in support thereof would show unto the Court the following matters and facts: 1. Plaintiff is an adult resident citizen of ___________________________________ _______________________________________________________ (city, county, state). 2. Defendant is an adult resident citizen of _________________________________ ____________________________________________________________ (city, county, state), and my be served with process at _______________________________________ ________________________________________________________________________ ____________________________________ (street address, city, county, state, zip code) 3. Defendant has served as Property Manager for Plaintiff since ________________ _______________________ (date) pursuant to a contract, a copy of which is attached hereto as Exhibit A and made a part hereof. One of the duties of Defendant pursuant to said contract is to act as Plaintiff’s agent for the collection of rents due to Plaintiff from the tenants occupying an apartment complex located at ___________________________ __________________________________________________________ ( address) in the ________________________________________________________________________ _______________________________________________________ (city, county, state). 4. Defendant had power and authority to collect all rent from the tenants in the apartment building located at the above-mentioned address. Defendant was also authorized by Plaintiff to pay all ordinary charges for the maintenance of the property, receiving for his services in that regard a commission of _________ percent on all amounts collected by Defendant. It was further provided that Defendant would account to Plaintiff on the first days of _________________________________________________ (months) of each year for all rents collected by Defendant and for all expenditures made as previously mentioned, and on such dates pay over to Plaintiff any balance due Plaintiff from such rents. 5. Plaintiff is informed and believes, and on the basis of such information and belief alleges, that between _________________________________________________ (date) and the commencement of this action, Defendant collected for the account of Plaintiff from the tenants of the above-mentioned apartment complex rent in an amount exceeding the sum of $_____________________, and has paid out an amount not to exceed the sum of $________________________ for repairs and other proper and necessary expenses for the maintenance of the property. 6 . Plaintiff is informed and believes, and on the basis of such information and belief alleges, that there is a balance of at least $_________________________still in the hands of Defendant due and owing to Plaintiff. 7. Prior to the commencement of this action, Plaintiff demanded of Defendant that Defendant account for his acts as agent of Plaintiff in the collection of the above- mentioned rents and that Defendant pay over to Plaintiff all amounts due and owing to Plaintiff. Defendant has failed and refused to do so and still fails and refuses to do so and has never rendered any accounting for funds received by Defendant nor paid such sums over to Plaintiff. THEREFORE plaintiff requests judgment as follows: 1. Defendant be directed to render to Plaintiff a just and full accounting of money so received and disbursed by Defendant on behalf; 2. Plaintiff have judgment against Defendant for any sum or balance found to be due from Defendant, including costs of suit in this action; and 3. Such other and further relief as the court deems just and proper. Respectfully submitted, ____________________________________ (Name of Plaintiff) By: ________________________________ (Typed Name of Plaintiff’s Attorney) ____________________________________ (Signature of Plaintiff’s Attorney) State Bar No. ________________ One of His Attorneys OF COUNSEL: _______________________________________________ (Name of Plaintiff’s Attorney) Post Office Box _________-____________ ________________________________________________________________________ City, State, Zip Code Telephone: _________-_________-____________