Rental Security Deposit claim for loss due to fraud (apartment, lease, tenant)

[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.

Read more: [url]//www.city-data.com/forum/orlando/1631635-rental-security-deposit-loss-due-fraud[/url].

[MrRational]

Originally Posted by JakeJones

...had to hire a lawyer to evict those not on the lease.
Now comes returning thesecurity deposit.

With possession regained... consider yourselves both lucky and ahead of the game.
Chalk up your loss to experience and move on.

If you don't sell the condo (hint, hint)...
do be far more careful about screening tenants in the future.

[beth98]

Originally Posted by MrRational

With possession regained... consider yourselves both lucky and ahead of the game.
Chalk up your loss to experience and move on.

If you don't sell the condo (hint, hint)...
do be far more careful about screening tenants in the future.

They hired a realtor, presumably to make sure something like this didn't happen. I think your claim is probably against the agent not the tenant. Though I would check into local laws regarding your tenant breaking the lease and whether security needs be returned or if they owe until the apartment has been re-rented. I would imagine the lawyer who handled the eviction could best answer your questions.

[MrRational]

Originally Posted by beth98

They hired a realtor, presumably to make sure something like this didn't happen.

Just one of the lessons to be learned by small holding and accidental LL's (or not).

Though I would check into local laws regarding...

My point being that whatever culpability may exist it still has to be prosecuted...
and (assuming a favorable judgment is achieved) the other party chased down.

The attorney who was already on the case with access to all the details, didn't pursue the matter.
I suspect and suggest that the OP and the father also have better uses for their time.