Tenant payment issues, what is the PM responsible for?

[Dori Arazi]

My lease with tenants states that if they break the lease early the are liable for 1 months rent. 

The property manager was meant to charge them 1st, last and deposit on entry (to cover the lease break scenario). That amount was charged, but instead of being set aside was used as if the tenant paid 3 months in advance. The tenant now broke the lease and is, of course, not cooperating with paying the fee. How should I handle  this scenario (besides changing property managers that is)?

[Andrew B.]

Originally posted by @Dori Arazi:

@Andrew B. that PM is already out. 

How would you best go after the tenants, collection or small claims? 

 if the total dollar amount is less than your states limit for small claims, go to small claims. Once you get a judgement, then you can go through collections if they refuse to pay. to my knowledge, you cannot go through collections without a judgement, as a landlord. however, I have never taken someone to collections before. you may want to confirm that this is the correct process in your state