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I'm being scammed by a tenant, what can I do? - Landlord Forum thread 342621

I'm being scammed by a tenant, what can I do? by Jill (CT) on January 30, 2016 @19:51

                              
I'm renting my condo to a couple who is now clearly scamming me. I went through Berkshire Hathaway to find them - it's not like I went to Craig's list. I will spare the details of the lies and ridiculousness - I just need to know what I can do. They paid me for December 2015 - one month's rent and paid NO security deposit. Their first rental payment was due on 1/7/16, I still haven't received a dime. There is a provision written into the lease that if the tenant is more than 10 days late with the rent the tenant agrees to null & void the lease and move out as requested by the landlord without me having to take legal action. They agreed which as I've learned means nothing to these people. I sent a letter which they signed for and have acknowledged, but are refusing to move out by the date requested, and have already told the property manager they aren't paying me. I've since done homework on these disgusting people and learned this will be their 5th eviction since 2013. I will start the "legal" eviction process, and have resigned myself that I'm not getting any money. Given their pattern (rent - never pay - drag out eviction process - line up another victim) and that they signed a document saying they would leave without legal action - do I have recourse? The lease is month to month and it's now null & void. If they remain in the property, is it trespassing and what can I do? I've already spoken to the police and while it's technically a civil matter, they have opened a case and are attempting to help me given the circumstances. I've never met these people, I chose to go with a property manager so I didn't have to deal with them. I'm a single woman and I live alone, they know where I live. I am afraid to go over there alone and will be going with a police escort this week. Am I really this stuck? My mortgage company is now threatening foreclosure since I'm unable to pay them without the rental income. Honestly - the bank can have it - these people can be their problem. But in the meantime - anything I can do?
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Re: I'm being scammed by a tenant, what can I do? by Anonymous on January 30, 2016 @20:03 [ Reply ]
This might not be helpful, but it needs to be pointed out.

"one month's rent and paid NO security deposit."

Why were they given possession of the unit before all move-in funds were paid?

"and learned this will be their 5th eviction since 2013."

Why are you only finding out about this now. Don't blame the property management company. You should be in the position to give the final thumbs-up to any prospects.

"I chose to go with a property manager so I didn't have to deal with them."

You've given someone else power over your best interests, which means the property management company is only concerned with their own best interests.

"I am afraid to go over there alone and will be going with a police escort this week. Am I really this stuck?"

Why do you need to go over there? Start eviction proceedings and get them OUT.
Re: I'm being scammed by a tenant, what can I do? by Nicole (PA) on January 31, 2016 @08:22 [ Reply ]
out of all that you typed, I am focusing on "my mortgage company is now threatening foreclosure". How is that? if tenants owed you rent on January 7, you aren't even 30 days late on your mortgage payment ... they aren't "threatening foreclosure" when you haven't hit the 30 day mark yet.

if your mortgage is due on the 1st, as the great majority of them are, the tenant's January rent payment due on the 7th should be paying for your February Mortgage.

SO much of what I read on here doesn't make sense ...
Re: I'm being scammed by a tenant, what can I do? by John Brayton (Massachusetts) on January 31, 2016 @09:18 [ Reply ]
Fire your property manager, and evict the tenants as you would any other who fails to pay. Get a lawyer to help you with the eviction process. It may take a month or two, but you can get them out.

Finally, determine when you will realistically be able to rent out the condo to paying tenants again. If you have no way of paying the mortgage without that income, get on the phone with the mortgage company. Let them know that you are eager to pay, but that you are facing this setback. The mortgage company will be more willing to work with you if you don't avoid them and if it is clear that you are making a good faith effort.

Get on this now. Don't let the tenants walk all over you.

John

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