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socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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Second opinion] - Can a tenant be charged with fraud when

Customer Question

Second opinion] - Can a tenant be charged with fraud when allowing others to live in the home without verbal or written consent by the landlord? She also has refused to pay rent until she receives an eviction notice. Also the least agreement states that no others can live in the home without being listed as a tenant.
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 9 months ago.

Hello. I will try to assist you. What you are describing does not sound like the legal definition of fraud to me. She is in violation of the lease and you are aware of the situation.

You can enforce your lease. You have described two legally sufficient grounds to evict the tenant. You can proceed with an eviction for non-payment, as well as for her breach of the lease by allowing others to live in the unit without your consent (as apparently required by the lease). Of course, you first need to provide the tenant the statutory notice required by your jurisdiction.

Typically with a tenant, your legal remedies are an eviction and judgment for any past due and/or hold-over rent, and any damages the tenant caused to the property beyond normal wear and tear.