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LawTalk
LawTalk, Attorney
Category: CA Real Estate
Satisfied Customers: 35295
Experience:  I have nearly three decades of legal experience, including Real Estate Law, and have held a Real Estate Broker's License.
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Family owns two properties, a house and a 4-unit apt.

Customer Question

Family owns two properties, a house and a 4-unit apt. building that are located across street from each other. An apartment tenant is currently doing some rehab on the house for us, and has been hired in this "worker" role in the past. We have been contacted by a very agressive attorney stating a client gave total $1400. for rent deposit to this "worker/tenant" of ours and was promised the apartment he lives in as he is moving into the house when finished. Worker/tenant pretended to be one of the family/owner when giving this story to the victim. We have a listing agreement in place for the house, no way his story could hold up in court. Is there any way we as property owners can be sued successfully for the actions of a tenant? And he has done this same fraud in the past.
Submitted: 23 days ago.
Category: CA Real Estate
Expert:  LawTalk replied 23 days ago.

Good morning Lisa,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

Fortunately, if that really occurred as you say, then your worker committed the crime of fraud and because you did not hire the worker to collect rents or rent out units, then you as the owner of the home and apartments have no liability for the crime committed by the worker.

You will want to contact the police if the victim or their attorney has not already done so, and inform the police of the alleged crime so that they can investigate and this may well get the attorney off of your backs. But no, if you didn't authorize the worker to rent units or take rents, then you will not have any liability for the worker's crime, or the money owed the victim.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please know that I answer your questions in good faith, providing you with the information that you ask for, and I do that with the expectation that you would act likewise, and rate my service to you. Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you. So, please do be sure to rate my service to you. Thank you in advance for your positive rating.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 22 days ago.

Hi,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug

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