What to do if I’m a landlord and hired a property manager connected to a national realty chain and he stole my tenants security deposit?

He is under investigation for other fraud issues with the company. I know he owns nothing and I need to know if I can sue the company and, if so, how do I go about doing it? The amount of the deposit is $2175.

Asked on August 3, 2015 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, his company is not liable unless you can show that the company knowingly aided or abetted him in the theft. Employers are only responsible for the actions of their employees commited in the course of employmenf, but theft or other criminal acts are generally not part of an employee's job, so the smployer is not liable absent special circumstances showing heightened culpability, like aiding the employee in his crime, or continuing to employ an employee wbom they know steals after they know that he is a thief.

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