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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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My tennant cheated me by not paying the security depsoit and

Customer Question

My tennant cheated me by not paying the security depsoit and the first months rent. I was stupid enough to give him the keys listening to his sob story and looking at hos kids. He has been living in my house rent free for 2 weeks now. I have told him that i will evict him if he does not leave or pay up by today. He is a compulsive liar and is giving me the identity stolen, funds frozen story. I checked his public records and he has been evicted numerous times within the last year and owed a lot of money. I know i was stupid and naive to not thoroughly vet him.
I want to file for an eviction first thing tomorrow. My question is that do i have to use the eviction process if i did not sign the lease as the landlord because i did not receive any deposit? Isnt it trespassing of he is staying in my house without a binding lease?
Submitted: 24 days ago.
Category: Real Estate Law
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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I hate to hear that you have been taken by this crook..

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Unfortunately, he is your tenant and you are his landlord, signed lease or not. Without a lease, he is month to month under an oral tenancy agreement. If he is late on rent, you need to start by giving him a written 14 day notice to pay or vacate. Then you can file to evict him through the courts.

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And it is likely that this scammer will try to get you to accept a partial payment of a little bit of money because he knows that would void out the 14 day and force you to start over. So don't accept anything less than the full amount due.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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