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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31770
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I'm a real estate agent. one of the tenant got arrested. turns

Customer Question

I'm a real estate agent. one of the tenant got arrested. turns out he is scam artist. charged with theft. he is in jail in New Jersey. I did confirmed with the bailbond guy who arrested him that it is the same person.
the questions is how can my landlord take back the house possession and get rid of his stuff?
we can't file eviction because he paid the rent.
he did gave different social security than what the officer told me.
however we don't know which one is correct.
we did credit, criminal and eviction on the social he gave us but nothing came up.
meaning no eviction. no criminal.
please let me know how to take back the property since we still have the lease for 2 year
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.
Expert:  Roger replied 2 years ago.
If the tenant provided fraudulent information on the lease or application then you would have grounds to cancel the lease due to fraud, misrepresentation....and possibly other claims.
Expert:  Roger replied 2 years ago.
Also, the lease may have provisions in it that allows the landlord to cancel the lease and evict the tenant in the event that the tenant violates any of the terms.....and there may be terms in the lease that you could use as a basis to cancel as well.
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
i don't know if the information he gave us fradulent all i know is the social he gave us is not showing criminal nor eviction record.
how do i cancel the lease? since he is in jail?
his belonging are at the house?
Expert:  Roger replied 2 years ago.
In any event, you're likely going to have to sue the tenant -- either for breach of contract or for an eviction based on some breach.....but that's what will have to occur.
Expert:  Roger replied 2 years ago.
Your client will have to sue the tenant and serve him in jail.....and then get a court order directing him to vacate, etc.
Expert:  Roger replied 2 years ago.
He doesn't get a pass because he's in jail....and he'll have to comply with the court's order....and if he doesn't remove his things, you should be allowed to remove them and have the items stored at the tenant's cost.
Customer: replied 2 years ago.
he is in jail in different state and he post bailed. he is going to be out in a few days.
if he is out and we can't locate him.
what next?
Expert:  Roger replied 2 years ago.
If you can't locate him, you may be able to claim that he abandoned the property.....which also would be a basis to cancel the lease....
Expert:  Roger replied 2 years ago.
You best recourse would be to have a local lawyer to review the lease and tell you your options under the agreement.....and what you could use as a basis to cancel.