Who is accountable for this - realtor or tenant?
I signed a contract with a realtor to find a tenant for my property. He found a tenant after vetting the tenant, we signed a lease, and the realtor sent me a screen shot of renters insurance and utility agreement with an electric company (This agreement was not under the tenant's name). He was asked to turn all utilities in his name on the day he paid his first month rent and deposit. The realtor was given the first month rent and promised to obtain the rest of the documentation from the tenant. I provided the keys to the property but did not hear back again from the realtor about sending me copies of the renters insurance certificate and all utilities. I have since been demanding these documents from the tenant and each time he promised to provide them but to no avail. Two weeks ago, tenant sent me a text message recently stating that the gas supply was cut off at the property and that the gas company said they would not reconnect gas supply. I asked him if he did not turn the utility in his name and I offered to speak with the gas company but he stated he was speaking to them right then and he later confirmed that the gas has been reconnected and that he paid them all outstanding money.
On mother's day - Sunday afternoon, he texted me a picture of a leak on the kitchen ceiling and stated that the leak was coming from overflowing sink in the primary bathroom and that he noticed it two days prior. I was out of town and I sent a contractor immediately to go to the property and assess the issue. The contractor went straight away and worked on the leak for three days, including new ceiling in the kitchen. I demanded the renters insurance certificate and sent the tenant the invoice for water damage and have been calling him but he has not been answering his phone. I examined the tenant's lease application closely and then called the employer, and I was notified that he was not found in the system as an employee.
I called the realtor to report all this, I requested vacant possession of my property, and listed the following concerns - Falsification of information to obtain the lease, Forged documentation of employment and pay stub, non payment of rent (he is owing some money from the last rental payment due to not setting up rental payment through AVAIL platform and he made payment with money order one of which I could not cash as he wrote his name on PAYEE section), Failure to provide renters certificate of insurance in his name, Failure to provide utility contracts in your name, Using water from start of lease to date under my name - City of Houston water bill in my name and bill remains unpaid, Water leakage and damage to the property (extent of damage still to be assessed, Unpaid invoice for the cost of emergency work to stop the leak and fix the ceiling in the kitchen, the grass is overgrown and the property was unkempt when we visited last week to inspect the work on the water leak.
I received a text message from the realtor this morning stating the he was having a meeting with his broker about this "to proceed with the smoothest transition possible."
I want to get my property back and want to know the best way to proceed and who to hold accountable. Your suggestions are welcome.