What to do if we rented out our home to an individual who fraudulently rented the house in her name for a friend of hers?

UPDATED: Nov 19, 2012

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What to do if we rented out our home to an individual who fraudulently rented the house in her name for a friend of hers?

She does not live there and we do not know the person who is living there. We also have not recieved any rent payments after the deposit and first month’s rent. We currently live abroad. How do we get our rental money and how do we get this individual out of our home?

Asked on November 19, 2012 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you haven't been paid rent, you can evict the person to whom you rented for nonpayment. You could also evict her for breach of the lease, if the lease prohibits subletting--though note that if the lease does not prohibit sublets, she may be able to sublet the home out to someone else.

You will likely have to separately file an ejection action against the other person to get him or her out. The timing of the action will depend on whether or not the primary tenant could, under the lease, lawfully sublet. If she could sublet, then you may have to wait until she is evicted (and so her right to sublet is terminated) before getting the other person out; though if she could not legally sublet, you should be able to proceed at the same time against the other person.

If you live abroad, the best way to handle this is to retain a local landlord-tenant attorney to handle this matter for you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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