Need advice of possible tenant scam

Member since 2023 · 2 posts · 3 votes

Long story short new tenant had a reversal on their first months rent and security deposit. Contacted tenant multiple times to rectify situation but kept getting excuses as of why they can not pay. Finally I just went to court house to do eviction. The Sherriff served the Dispossessory warrant and the tenant answered on the 6th day saying "they do not agree". I contacted the tenant the next day and asked them if we could come to some type of resolution because at this time I just want my property back. The tenant now claims she is not the one who answered the Dispossessory and wants to terminate lease. my question is what the hell am I supposed to do now LOL. As of right now I'm waiting on the judge to add my case to the calendar which could take two to three weeks...I'm so tired of scammers!

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Theresa HarrisPro Member

Member since 2019 · 15k+ posts · 11k+ votes

7mo

Get it in writing and get them out. If she says she wants to terminate the lease let her go and get her out ASAP. Keep the paper work going for the eviction.

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Chase Busick
Realtor · Oklahoma City · Member since 2020 · 258 posts · 139 votes
7mo
@Krystal Barcliff

Usually when meet to do the lease signing, they should bring first months rent & security deposit. Best is to always get a cashiers check, money order or physical cash if your ok with that. Verify they brought money, go over the lease (answer any questions) then sign. They'll exchange the money for keys & possession.

If you're already in the eviction process, you can follow that if they're not cooperating.

Otherwise, if they're wanting out of the lease, both parties would need to meet & sign a written agreement/contract for the cancellation. Usually best if can have a notary public to make it more official. For the cancellation & termination of the lease, you'd need to follow what the previously executed lease had. So if there was no fees, then no fees. If you try to recoup some of the money they'll probably fight it & at that point may need to go to the court..

I'm not an attorney but I'm sure most other people can say the same thing. There may be some state specific laws & rules that you may need to follow too with the state's landlord - tenant act.
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Bill B.
Investor · Las Vegas, NV · Member since 2013 · 8k+ posts · 10k+ votes
7mo
PLEASE hire a PM. NEVER accept rent in a way that can be reversed by the tenant. First month’s rent and security deposit are only payable by money order/cashier’s check and utilities go in their name before you hand over keys. If you only lose a month consider yourself lucky. If they fought it you could pry be out 3-6 months plus attorney fees. But by those same terms you’ve already paid the same 8% a PM would have charged you and you’re doing it for free. And that’s IF your new tenant moves in on the first and you have no turnover costs. Good luck.
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Drew SygitBusiness Member
Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes
7mo
Quote from @Krystal Barcliff:

Long story short new tenant had a reversal on their first months rent and security deposit. Contacted tenant multiple times to rectify situation but kept getting excuses as of why they can not pay. Finally I just went to court house to do eviction. The Sherriff served the Dispossessory warrant and the tenant answered on the 6th day saying "they do not agree". I contacted the tenant the next day and asked them if we could come to some type of resolution because at this time I just want my property back. The tenant now claims she is not the one who answered the Dispossessory and wants to terminate lease. my question is what the hell am I supposed to do now LOL. As of right now I'm waiting on the judge to add my case to the calendar which could take two to three weeks...I'm so tired of scammers!

If you do not know what to do next, hire an eviction attorney to take over.
Your learning-curve mistakes may allow the tenant to stay for several months w/o paying😡
[email protected]248-209-6824
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
7mo
Get it in writing and get them out. If she says she wants to terminate the lease let her go and get her out ASAP. Keep the paper work going for the eviction.
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Patrick O'SullivanBusiness Member
Property Manager · Phoenix, AZ · Member since 2024 · 534 posts · 203 votes
7mo
Quote from @Krystal Barcliff:

Long story short new tenant had a reversal on their first months rent and security deposit. Contacted tenant multiple times to rectify situation but kept getting excuses as of why they can not pay. Finally I just went to court house to do eviction. The Sherriff served the Dispossessory warrant and the tenant answered on the 6th day saying "they do not agree". I contacted the tenant the next day and asked them if we could come to some type of resolution because at this time I just want my property back. The tenant now claims she is not the one who answered the Dispossessory and wants to terminate lease. my question is what the hell am I supposed to do now LOL. As of right now I'm waiting on the judge to add my case to the calendar which could take two to three weeks...I'm so tired of scammers!

Ugh, that’s a frustrating situation and exhausting. The best thing you can do right now is stay on the eviction process and keep everything documented. Save every message and note every call so the court can see the full picture.

If the tenant wants to terminate the lease, get any agreement in writing and signed. Until then, the lease terms still apply. A local eviction attorney can also help make sure you do everything correctly and avoid delays.

I know this is stressful, but staying patient and sticking to the process is the safest way to get your property back. You are not alone in dealing with situations like this.
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Janice Carter
Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 606 votes
7mo
Krystal, unfortunately once the tenant files an answer, the case typically has to go through the court process and you will need to wait for the hearing date unless they voluntarily surrender the property. Continue documenting everything and avoid any actions that could be considered self-help eviction. If they truly want to terminate the lease, execute a written move-out agreement and make sure it is properly documented.

I am a real estate broker in Atlanta. Feel free to reach out if you need assistance navigating the process and securing a qualified tenant.

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Richard F.
Honolulu, HI · Member since 2008 · 3k+ posts · 2k+ votes
7mo
In the meantime, reevaluate and rework your application process, approval process, and move in process to prevent this from ever happening again. Take "feelings" out of the equation, stick to the facts. Lots of facts. Be thorough. And never, ever, turn over keys or ANY partial possession, until you have good funds in hand.
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