Rental Security Deposit - loss due to fraud? (real estate, apartment)

[JakeJones]

My father is 99 years old and recently moved in with me. He had a realtor rent his condo, which cost him the fee od one month's rent of $1,100. The new tenant misrepresented himself on the lease and to the realtor, by signing the lease indicating that he would be the only one living in the apartment. We became suspicious when numerous beds - and little else was moved in to the unit. The tenant later also lied the to the realtor when I had her question him. She asked him point blank if he was the only one living there and he told her “yes”. A few months later we found out the man, who owns a local Chinese restaurant, was not living there, but was housing several of his workers there. My father had to hire a lawyer to evict those not on the lease. Since the man wasn't living there he too wanted out of the lease.

Now comes returning thesecurity deposit. Can my father list the realtor's fee of $1,100 against the security deposit? The man cost my father money by knowinhly committing a fraud when he agreed to the terms of the lease and signed it and then he lied to the realtor when she questioned him about who was actually living there. I would him to challenge it and take it to Judge Judy.

[Broker Dave]

Fraud is Fraud!

I'll be honest with you, it's time to contact an attorney so don't get yourself or your father into legal issues by taking the wrong steps. Tenant law can bites both ways, against the tenant and/or the landlord and you want to go at this the right way.

Look up a real estate attorney and ask if they work in tenant law, most offer a no cost consultation, ask them the question.

Hope this helps,

[g0gat0rs]

Originally Posted by JakeJones

My father is 99 years old and recently moved in with me. He had a realtor rent his condo, which cost him the fee od one month's rent of $1,100. The new tenant misrepresented himself on the lease and to the realtor, by signing the lease indicating that he would be the only one living in the apartment. We became suspicious when numerous beds - and little else was moved in to the unit. The tenant later also lied the to the realtor when I had her question him. She asked him point blank if he was the only one living there and he told her “yes”. A few months later we found out the man, who owns a local Chinese restaurant, was not living there, but was housing several of his workers there. My father had to hire a lawyer to evict those not on the lease. Since the man wasn't living there he too wanted out of the lease.

Now comes returning thesecurity deposit. Can my father list the realtor's fee of $1,100 against the security deposit? The man cost my father money by knowinhly committing a fraud when he agreed to the terms of the lease and signed it and then he lied to the realtor when she questioned him about who was actually living there. I would him to challenge it and take it to Judge Judy.

This depends heavily on the language of the lease. If the lease is specific, then your father will be able to sue the tenant for not just the rent due but for damages(realtor's fees) and attorney fees as well. Check with your attorney.

[AONE]

I have to agree with Dave... Contact an RE attorney.

On a second note sounds like the agent gouged you as well. Since they didn't do proper due diligence and provide you with a full 1 year lease I'd ask them for a refund. I get paid only on success, not failure.... This was a bad fail!

Good luck.