All Forum Posts by: Michael Poloncic

Michael, I regret that this is happening to you but I think you need to get past chasing rent for this month and realize that there's only one way this ends. Learn the eviction procedure for your area, perhaps contact a lawyer in the field to help you with this one, and get the fraudster you're currently housing out on the sidewalk to sleep in a cardboard box where they belong.

You're going to lose plenty of money here, but this will never happen to you again, and you can minimize your losses if you move as quickly as possible. In Pittsburgh, where I live and operate, this would be a two to three-month process in front of almost all out local district magistrates. I don't know the law or eviction procedures in Saint George, Utah. You're going to have to go learn about that yourself.

The faster you get rid of this bozo the better off the whole system will be. Good luck, Michael.

Only two things matter:  the lease and your state law on termination of lease without notice.  Assuming your property is in Utah (like your profile indicates), here's the state law from a basic internet search:

In Utah, a tenant who abandons a rental property without notice is liable for the lesser of the following:

• The rent remaining on the lease
• The rent plus the difference between the fair rental value and the agreed-upon rent
• The cost to restore the property to its original condition

The landlord can also remove the tenant's belongings and sell them if the tenant doesn't claim them within a reasonable time. What can a landlord do if a tenant abandons the property?

• Send a notice: The landlord can post a notice in a visible place and send a notice by mail to the tenant's last known address
• Remove belongings: The landlord can remove the tenant's belongings and store them
• Recover costs: The landlord can recover the costs of moving and storage from the tenant
• Sell belongings: If the tenant doesn't claim their belongings, the landlord can sell them at a public sale

(End)

Please only communicate with the tenants - all of them - in written form only so it can be used in any collection/court engagement.  The Notice needs to be sent to each tenant by both proof of delivery required service from the post office as well as by certified mail to the last known address. This will serve as proof of notice sent.

I encourage you to do this today.  The sooner you regain control, prove that you fully intend to enforce the terms of your lease, and that you will not be 'played' by their recall of events or documents, the more effective this action will be.  

You got this...

This is interesting. You will want to consult with a lawyer.

In regards to your last two questions here's some background on what makes a contract valid and enforceable:

Offer: A promise to do or not do something within a certain time period 

Acceptance: A clear and direct statement that all terms and responsibilities are accepted

Consideration: A legal and adequate inducement given in exchange for the promise

Capacity: The parties to the contract must have the legal capacity and competency to contract

Awareness: A party must be aware of the contract

Legality: The contract must be legal in the jurisdiction it will be operating in

***Not legal advice*** Steps I would take: 

-Review contract in detail to understand each counterparties responsibilities (if you are not aware)

- Email a copy of the lease to each of the tenants listed on the lease and reiterate lease expectations for termination notice, rent payment etc. 

- If the lease was signed via Docusign (other esign may have same ability) - you can go to the envelope, go to history and view the IP addresses for each action taken. If the IP addresses are the same for each signee, then there is a chance that the same person signed. If the IP addresses are different then it is likely that it was signed by separate individuals. This is not solid proof in either direction, however it will give additional context when discussing with the lawyer. 

Separately from all of that - I recommend reviewing your lease up procedures to improve verification of signing tenants and their agreement and aware of terms and conditions. 

 How did you have them sign this lease? Was it via docusign or some other online signing platform?

@Terry Majchrzak you can certainly do a "subject to" on an FHA loan but FHA loans are also "assumable" too. You could just assume the loan and remove it from their credit entirely. Look into that route as well. Thanks!

@Michael Poloncic With an inactive license, you can’t represent anyone.

In no state, not even the left coast, is an agent prohibited from buying/selling/rehabbing/developing for themselves.  You simply have to be honest in all your dealings with people and make the proper licensing disclosures so there is no chance of confusing the “I am representing you as an agent verses I am representing myself as a principal in this transaction”