If you were the owner, what would you do?

Question

So, these kids rented rooms, even compared the name of the 'owner' with property records. Turns out that the 'landlord' was a scam artist, who scoped out empty houses, changed the locks, took on the name of the owner, and rented the property.

http://www.sfgate.com/crime/article/Impostor-rented-out-someone-else-s-home-4981397.php

What if you were the owner of that vacant house and found people living in it, who signed a lease in good faith and spent all their money on deposit and first month's rent?

Sure, on one hand you want them out NOW. But they have nowhere to go and have no money left to find another place.

I would also think that because they signed a lease and moved in in good faith, that the owner can't just throw them out, but would have to go through a full eviction to force them. Not that that would be good for anyone.

But it's one of those situations that I'd hate to be in. I'm a victim as the owner as well, so shouldn't I also share the burden in some way?

I think it's one of those situation, where I'd be better off to come up with a mutal agreement, like cash for keys, or to give them a month or 2 or something, than trying to push them onto the street, when they're really not deadbeats or doing this in purpose.

What would you do?

Aaron Mazzrillo · Answer

Call district attorney and file eviction if I didn't want my house rented.

Call district attorney and negotiate a lease if I did. It would be on them to sue the scammer for their lost security deposit.

This happens a lot in California. The rents are very high here. They busted a guy a few years ago who was filing deeds on properties, then renting them out. When the raided his house, he had a Bentley and stacks of gold coins.

http://www.therepublic.com/view/story/31f713a4698c4bf4892ddf8b5caf9ebf/CA--Bogus-Deeds

J. Martin · Answer

I can tell you have a kind heart @Michaela Graham !

It seems like any solution I see on BP, whether it be this, late rent, etc is file eviction immediately and throw on the street! I saw the same thing from BP members on a post you replied to regarding towing a car in SF (take it to the street and have the city tow it!).. Maybe it's just the experience of having dealt with so many poor tenants.. There's no slack.. But that's a great way to piss off the tenant and have them thrash your unit/garage/exterior whatever.

I agree with you, that often times there is a mutually beneficial agreement that can be arranged, given that you are stuck in a situation that no one wants. Maybe you can review their app/credit and make something work out, letting them know the legal alternative.. I always start by approaching someone with respect and reason several times before taking the hard road out. I was going to suggest in the tow situation that they let the tenant know they can get $300 cash and towed to the scrap yard for free typically, rather than have to pay a tow fee and impound it, which they will never get out.. maybe it would light the fire to get it moved.. and avoid a pissed off tenant that might come back to break something!..

I am firm when I need to be, but I'll learn to be more of a hardass someday like other BP members.. In the meantime, I'll try to treat all humans with respect and courtesy until they've proven undeserving of it.. :)

Bri R. · Answer

@Michaela Graham  I agree with you simply because I put myself in the kids position and can imagine what they're going through, and besides, like u say, eviction is costly AND takes up to 2 years in California... I've seen cases take this long due to tenants appearing in court and fighting the case. (yes, California is a very tenant friendly state)

Michaela G. · Answer

Since $ 1800 is probably less than 1 month's rent, I would negotiate a 'cash for keys' arrangement.

If I didn't have to, I wouldn't want to ruin these kid's credit. through an eviction. Even if they brought in newspaper articles, many landlords won't give them the time of day.  And eviction would end up costing me more, because it might take a couple of months to get them out.

Andrea M. · Answer

I have heard of this happening a lot in the Atlanta area. If I wanted my property rented, I would negotiate a new lease and terms for security deposit  if the current occupants were easy to deal. If not I wuld move forward with eviction with either way  I would also file a complaint with my local authorities.