Updated 29 days ago on . Most recent reply
Serial Scammer Tenant Eviction
Made the unfortunate rookie mistake of trusting a Zillow background and credit check. The tenant submitted their first payment for both the security deposit and first month's (via apts.com), then it bounced just days after move-in, which I didn't even know was possible. It's now clear to me that was their intent all along. After 2wks of excuses, I now understand that it was all just stalling tactics, and I've received a total of $0. Upset at myself for allowing move-in prior to the payment clearing, but you live and you learn.
Through solo online research, I've found out that the tenant has an active warrant (mugshot posted online) and two prior evictions (clerk of courts records search). The tenant fabricated/forged paystubs and bank statements as proof of income. I managed to get in contact with the landlord of their most recent eviction, and they did the EXACT same thing to them only a couple of months prior--scammed their way into getting the keys, then never paid a dime, and continued to occupy the property all the way up to the set out date. So obviously this person is strategically taking advantage of the system, attempting to bounce around from place to place for free. I've initiated the eviction process (3-day leave the premises notice), and I'm not worried about eventually reaching success there. The only data that I have is their Zillow application: name, phone number, and DOB, along with their proof of renters' insurance (verified as legit). It's noteworthy that they've also put the utilities in their name, I am guessing to help validate tenancy, but never actually pay them. What I am seeking advice on is:
1). Since they've only been there a few weeks, but haven't paid a dime, is the lease valid? Do they actually have tenancy rights or could I get the police to help remove them as a squatter/trespasser? I read that it takes 30 days to establish tenancy.
2). Not expecting them to have much/any assets to their name, but once if I have to go the eviction route, and win my eviction judgment, what is best course of action to rob them of every dollar possible? Garnishments? Collections?
3). Pursuing them from the criminal (fraud + theft by deception) angle instead of just civil (eviction + back rent)?
4). Preventing them from doing this to anyone else? I've already reached out to Zillow.
5). Any other creative methods to make this person regret ever doing this to me...
Most Popular Reply
@Dorian Spence - If there really is an active warrant out for the tenant, let the authorities know he's in your property so they can pick him up.
Contact a local landlord-tenant attorney about the specifics of the eviction. It can get complicated and you're better off having an attorney handle it from the beginning to prevent delays. Pay close attention to how they handle it so if you have to go through this again in the future you might be able to handle it yourself.
Good luck!