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I rented my house to a couple, they never paid another months rent and it took me 3 months to get them out and they owe me $1500. I found a new address for them and by the time I could serve a small claims case they had moved. I then checked again and found them at another address which I attempted to have them served at - they were gone again. Isn't there something illegal about signing a lease and staying in a house only as long as it takes to get them legally evicted? They have moved from place to place only staying about 3 months which is how long it took to go through the courts. Isn't this some form of fraud they could be arrested for? I can't get my money but they need to be stopped

2007-11-30 04:21:44 · 8 answers · asked by just_a_hick 4 in Politics & Government Law & Ethics

8 answers

You aren't able to have them arrested if that's what your asking. They didn't break any laws, just a contract. Welcome to the world of Landlords. The best you can do is keep tracking them and get them served in small claims. When you got them out the first time, you wen through the court system correct? If so, they should have a judegment on their credit already for at least that amount. Maybe you can consult a collection agency. They might take a percentage of what they collect but they will collect for the money..

You should try Mrlandlord.com this website is for landlords with quesitons and answers. They can get you in the right place and help you with the best tracking tools! I use it all the time.. Sorry for your loss, I have been in the buisness for over 7 years now. We all have our own ways and in the eyes of the "Law" if we don't check shame on us. The law will not get involved unless they have bounced checks or something like that. Not paying rent is not a considered illegal. It might be in some states but not in mine, and I've never ever heard of it.. I would check your local laws just ot make sure...

2007-11-30 04:31:30 · answer #1 · answered by Can't stand this 4 · 0 0

If you could prove intent to defraud, it could be a police issue; but generally disputes with landlords is a tort, or contractual issue, and is considered a civil suit.

The best you can do is ensure you take them to court for the back rent, and make sure you notify the credit rating bureau that they did this. They'll never get another rental place once you put that on their credit history. I won't rent to anyone who doesn't have a completely clean credit and rental history - it's not worth the hassle.

2007-11-30 12:26:12 · answer #2 · answered by Anonymous · 0 0

As long as you have a binding contract or lease with them even if it was month to month, something they signed, you are in the rights. Whether you take them to court, if they find them doesn't mean that they will pay you even if it's court ordered. Sounds like you rented to a bunch of winners. Sorry for the loss.

2007-11-30 12:25:50 · answer #3 · answered by Nikki 6 · 0 0

Sounds like it is, yes.

Renting a home then failing to pay the rent is, generally, a purely civil matter - breach of contract.

BUT... if you can show a pattern of such behavior over and over, then the police may choose to get involved, and file charges for fraud.

It certainly "sounds" as if they enter into these leases with the intent to defraud the owners, but 'intent' is a slippery thing to prove, and it's a required element of a fraud case.

In future...... ALWAYS get references from new tenants prior landlords!

Richard

2007-11-30 12:29:31 · answer #4 · answered by rickinnocal 7 · 0 0

No...it is not illegal but it will be more and more difficult for them to get into a new lease each time they are evicted. If you cannot find them you can attempt to have them served via publication, you will need a judge's consent to do this first.

2007-11-30 12:29:57 · answer #5 · answered by lahockeyg 5 · 0 1

Nope...they are professional tenants as I call them.....it is NOT illegal...should be but isn't..
Your just lucky that you dont live in Pa where the courts are so backed up it is taking a year to get them out....Do a credit check in the future..

2007-11-30 12:43:27 · answer #6 · answered by consrgreat 7 · 0 0

You cannot pursue them criminally. You'll have to find a way to serve the civil court papers to them.

2007-11-30 12:29:10 · answer #7 · answered by Lex 7 · 0 0

check out my answer to the first question you posted about this. yes it is illegal..it's called breach of contract.

2007-11-30 12:24:56 · answer #8 · answered by Ash 3 · 0 0

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