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I'd talk to a real estate atty. Also, did you try getting in touch with her family? Not meaning to sound overly-dramatic but could be she was in an accident or crime victim........you shouldn't have to track her down but the situation sounds strange.
Ok here is my full story. I was purchasing a duplex and I put in a clause in my contract stating that the contract is contingent upon the seller's agent (who is also the seller) was able to find me a credit tenant renting one unit for 1 year. The seller sent me a scanned Zumper application of this renter with contact information, occupation information and assured me that she has checked on the tenant' background, tax returns and said that the tenant has very good repayment history and background. My loan process was a nightmare due to my lender so I was preoccupied with that and took her words for it.
Fast forward to today when I have not heard back from the tenant. I performed my own research on the tenant and found out that she’s a con artist who has been arrested several times for check/credit card fraud, larceny, credit card theft, embezzlement, etc. She moved out of her past address not because her lease expired according to her application but because she got evicted in January.
I believe that Zumper and Experian (who Zumper uses) have the capability to pull these information on the tenant as they are public information readily available online, and that they have the tenant's SSN. And I believe that the seller withheld these information from me. Both my agent and I have been trying to contact her repeatedly but she doesn't pick up the phone nor return our messages.
I am now partially relieved that she hasn't moved in. I have took photos of the unit being vacant and obtained record from the electricity and gas company confirming that she never signed up for the service. I don't know what's the process for DC when it comes to lease abandonment since this is not really an eviction. Under my lease, I quote "or if the premises are vacated or abandoned, Landlord shall be entitled to avail himself of all rights and remedies to which he may be entitled, either by law or in equity (including but not limited to, the right to terminate this lease and recover possession)". Hopefully this clause would be sufficient to terminate the lease.
Sorry for the long post and I appreciate everyone for your comments.
Wow! Given all that, I would say you are a shoe in for a lawsuit against the seller. You are out any legal fees you have to pay to terminate the signed lease. You are also out any lost rent for the time it takes you to find a new tenant.
But beyond that, don't be "partially relieved"...you should thank your lucky stars that you never gave her keys. Hopefully either your application or your lease say somewhere that deliberate falsification of information is grounds for voiding the lease.
But you definitely need to consult a real estate/rental attorney both regarding the right way to terminate the signed lease AND regarding the situation on the purchase.
Oh, and I don't know anything about Zumper, but Experian does not have the means to obtain the information you've listed. They do credit only. That's who we use, and I've been asking for years now when they are going to allow background checks. They keep telling me it is in the works, but not available yet.
If the seller/agent won't call you back, the next step is to contact their broker. Any transaction ultimately is the managing broker's responsibility, so if there is a problem that you can't get resolved, an escalation to the broker is the next step. I'd have your agent do that.
If she hasn't moved in by the move in date. Find another tenant as she/he is in breach of the lease already. I'd keep the deposit in your account and if they haven't responded within 30 days, spend it.
how does this actually play out in court, in real life and not in land lords minds where they are barrons and lords and the tenants are their little peasants.
If she hasn't moved in by the move in date. Find another tenant as she/he is in breach of the lease already. I'd keep the deposit in your account and if they haven't responded within 30 days, spend it.
Do people actually put deposits down before they move in? A fool and their gold are soon parted.
I would not give a dime to a land lord until I was moving in. If an area is so saturated that land lords can get away with murder then I would live else where.
Do people actually put deposits down before they move in? A fool and their gold are soon parted.
I would not give a dime to a land lord until I was moving in. If an area is so saturated that land lords can get away with murder then I would live else where.
Practically speaking, why should a landlord hold a place off the market on nothing but a handshake?
Do people actually put deposits down before they move in? A fool and their gold are soon parted.
I would not give a dime to a land lord until I was moving in. If an area is so saturated that land lords can get away with murder then I would live else where.
In my area landlords won't even hold an apartment for you unless you sign a lease and leave a deposit.
A fool and his gold are going to look silly living in a car.
In my area landlords won't even hold an apartment for you unless you sign a lease and leave a deposit.
A fool and his gold are going to look silly living in a car.
Not that silly, better to spend a few nights in a car than getting royally fleeced. If a market is in the landlords favor to such an extent that there are people lined up behind you for the unit you need to reevaalute how bad you want to be in that area and how good the job really is to tolerate the inevitable future drama that results from an askew supply and demand leverage.
If a land lord knows they have 5 people lined up they behave a certain way, if they know that their unit will sit empty for 3 months they will behave another way.
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