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LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28043
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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I had a tenant move in to my house without paying first

Customer Question

I had a tenant move in to my house without paying first months rent and a security deposit. Since they didn't honor their end of the move in agreement, can I kick them out of my house?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 1 year ago.

Good afternoon. How/why did they gain access to the rental without paying anything? Who allowed them to take possession? Also, what State is this in?

Customer: replied 1 year ago.
I currently live in Hawaii at the moment and My house is located in north carolina. What happened was she scheduled a payment on cozy which her account info was verified. So she took possession of the keys before I received any the money. This took place on 1 july and I still haven't received any money for the deposit or first months rent. She essentially canceled the payment on me multiple times. She's in my house and I need to find a legal way to get her out without going through a long eviction process. IT came to my attention that she is as scam artist and has done this to other landlords. Since she hasn't paid me anything does this void the lease agreement ??
Expert:  LandlordTenantAnswer replied 1 year ago.

Thank you for the additional information. Yes, if she has failed to pay, which was a condition to the lease, she would be in breach and there would be no lease. Now, if you have evidence she is a scam artist ,you can first try and call the police and advise them of the same. Seeing how you live in another State, they may help and get involved. If not, then you would need to evict her because they will say this is a civil matter, not criminal, at that point. You can send a notice to pay or vacate and if she refuses, then retain legal counsel to evict her. I know it is not ideal but until you got paid what was owed, she should have never received the keys. Nobody should babe given her access to the rental for this very reason.