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I'd tell the PO everything. But then again I'm Irish. And French. God save the guy that gets on either side of my family tree, lol! Especially the Irish side with all the cops!
Personally, I'd dare him to give me a hard time, and suffer the consequences. But, like I say, half of my relatives are cops, the other half are priests and nuns lol! So, you're damned if you do and damned if you dont LOL!
Anyway, even if you just get out of the situation by daring him to sue you, and you never contact the PO, he'll leave you alone and go look for some other sucker, more than likely.
I'm still not convinced the OP is safe from partial liability in a lawsuit.
An executed lease was provided by the landlord to the tenant.
As for the deposit, what does the agreements say about timing? If the lease just says money was deposited and there isn't anything that specifys when and how it should be paid, paying it at time of possession is considered acceptable.
As for the probation, not clear if the tenant or occupant (or both) are on probation, but we turn again to the application; what specifically did is ask and what was the answer?
Renter's insurance can be obtained the day of occupancy and is valid as proof of having it. The landlord woud have to have had something that said it was to be provided prior to occupancy.
The landlord also has to be careful about what they say to whom. If they say something that is false or something that is retalitory and it causes harm to the tenant/occupant ability to rent and that reason was not a violation of laws, the landlord could find themself being sued for harrassment. I would still like a good timeline of events along with what documentation supports the landlord's position.
I'm still not convinced the OP is safe from partial liability in a lawsuit.
An executed lease was provided by the landlord to the tenant.
As for the deposit, what does the agreements say about timing? If the lease just says money was deposited and there isn't anything that specifys when and how it should be paid, paying it at time of possession is considered acceptable.
As for the probation, not clear if the tenant or occupant (or both) are on probation, but we turn again to the application; what specifically did is ask and what was the answer?
Renter's insurance can be obtained the day of occupancy and is valid as proof of having it. The landlord woud have to have had something that said it was to be provided prior to occupancy.
The landlord also has to be careful about what they say to whom. If they say something that is false or something that is retalitory and it causes harm to the tenant/occupant ability to rent and that reason was not a violation of laws, the landlord could find themself being sued for harrassment. I would still like a good timeline of events along with what documentation supports the landlord's position.
This is very true. If I was the landlord,I would put this behind me and I wouldn't contact the probation officer. This could open a can of worms. It could cause the guy to get so angry that he decides to file a court case against you or that he retaliates by damaging the rental property. Angry tenants that feel they were done wrong by a landlord have the potential to do crazy things. You don't want to take the risk that this tenant is one of them. Best to step back silently and try to minimize any future problems.
Thanks to everyone for the input. I did talk to his PO today and told her about him. I had to tell her that he does not reside there at the very least. She documented everything and said if he contacts me again to call her. She wasn't going to do anything about what happened, but would pursue it if he harasses me. Only the occupant is on probation, not the tenant.
The whole application was a fraud. The tenant certified on the application that nothing was misleading. The whole thing was misleading as he was renting the house for someone else!!!! He has no intention of living there and this was not even close as to what they communicated both orally and written. I'm not even sure the tenant signed the lease and not the occupant. The tenant seemed to be pretty clueless about what was going on.
My screening process will never experience this lapse of judgment.
The whole application was a fraud. The tenant certified on the application that nothing was misleading. The whole thing was misleading as he was renting the house for someone else!!!!
Misleading but probably not illegal. You might consider having a clause in the lease which notes that the tenant occupies the premises. If you still plan on handling the rental yourself you'd be well advised to have a real estate attorney look over your lease and make sure it's up to par as generic leases rarely cover all the bases. Good luck!
Consult a local real estate attorney who knows the laws in you area, or perhaps enlist the assistance of a local prepaid legal firm.
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