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Posts: 2
Reply with quote  #1 
My tenant gave me notice she wanted to move after 5 mos on a 1 year lease. I live out of state, and she offered to show the apartment for me, since she works for a complex.

She found two tenants who she referred to me for screening and approval. She collected a deposit from each of them without my approval or request. I usually collect it only when the lease is signed, after all screening. The checks were written to her name, and she deposited them in her personal account. She refused to turn the funds over to me until I give her original security deposit back.

She says this is what her complex does on a sublease! I did not authorize a sublease, she has not signed a contract with anyone to my knowledge, and the tenants have signed a lease with me.

One tenant was not approved and the deposit has not yet been returned to her. "The check is in the mail"

So I think this is fraud and theft. What do you think? Time to call the police?

Posts: 154
Reply with quote  #2 
This sounds like a terrible mess.  

Does your lease specifically forbid sublets? What kind of verbal agreement did you have with your tenant regarding showings and referrals? When is she scheduled to move out? I'm afraid if you call the cops she will skip town immediately.  You might be on the hook for the deposits she took.

It's probably time to call the police and start the eviction process but I would discuss with your lawyer. Call your lawyer and get their advice ASAP.      

Good luck!

AccidentalRental - A profitable resource for new landlords


Posts: 2
Reply with quote  #3 
The lease forbids sublets. We are being forceful and threatening police action, they are stalling. Verbal agreement was to show and refer good potential tenants to me. They have not been released from their lease.

After discussion today they agreed to return the deposit to the new tenants, but won't do it until Monday. If that does not happen I will call the police. They are threatening lawyers. Scheduled to leave 10/30, but now they say they will be there 11/1. Informed them that makes them liable for November rent, and if they screw up the new tenants and I lose them they will be liable until April.

All tenants know that they are the injured party by the current tenant, and will not hold me responsible.

They are refusing to schedule a time with me for walk through and closing the lease. I sent the notice for Saturday by certified mail today.

Pretty ugly.

Posts: 477
Reply with quote  #4 
I would definitely talk to your lawyer and get the police involved immediately. She is stealing from people, plain and simple. This really isn't any different than if you weren't aware and she was doing this with your space, she just happened to offer to SHOW the space since you are out of state (never an easy way to landlord). 

Because it involves illegal activity, I would immediately start the eviction process so that if things don't go as planned, you are already further along. 
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