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socrateaser
socrateaser, Lawyer
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Experience:  Retired (mostly)
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What can I do if a real estate company who sends me tenants

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What can I do if a real estate company who sends me tenants and are suppose to do back ground checks, sends me a tenant who has an extensive criminal back ground. What can I do about this as far as legal action against this real estate company?
Hello,

Have you actually leased the property to the tenant?
Customer: replied 4 years ago.
Yes . From this real estate company. The 2nd of May would be 1 month. This is not a good situation, and I payed this company half of the deposit ($900). For them to not do there job, this person is not the ideal tenant.

Okay, thanks.

You can demand that the real estate agency pay the cost of your evicting the tenant. This assumes that your lease permits you to do this, which it may not. For example, if the lease states that a misrepresentation in the application is grounds to terminate the lease and evict, and the tenant misrepresented his/her criminal background, then you can terminate the lease, and if the tenant refuses to vacate, then you can sue for the value of your commission payment to the agent, for the cost of recovering possession to have the sheriff remove the tenant. The agency would be liable for the litigation costs and for any lost rent or property damage caused by the agencies lack of due care in failing to properly "vet" the tenant.

You can also file a complaint with the Florida Division of Real Estate. However, the complaint may only result in disciplinary action against the agency -- it will not get you any money.

Please let me know if I can be of further assistance.

Customer: replied 4 years ago.
We have on the lease that we can evict her at anytime, because I did not have a good feeling about this tenant in the beginning.
The lease provision does not change the issue. If you leased the property in reliance upon the agency's promise to conduct background checks on prospective tenants, then if the lease would not have been made had a proper background check been made, then the agency is in breach of fiduciary and is liable for any damages you incur in having to remove the tenant.

You can demand that the real estate agency pay the cost of removing the tenant, and if the agency refuses, you would have to hire a lawyer and sue -- or, you could take the agency to small claims court, if your costs are $5,000 or less.

Hope this helps.
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