Tenant Illegally Sublet My Condo

[pguru78]

I need help! I recently started renting out my condo to a lady who claimed she would be living there alone. Of course, ever since she became my tenant, I have received numerous complaints, ranging from multiple occupants, loud music, being argumentative with bldg doormen/staff etc.

Anyways, I came to find out (via bldg manager) that the girl really didn't live in the unit, and that she had filled out the leasing paperwork (under her name) on behalf of her boyfriend/roommate. She actually lived in a apartment several blocks away.

I obviously intend to evict her/friends, but what other things can I do to insure she cooperates? Do I need to report her to the police for committing a form of fraud? Should I notify her work? What if she is doing this for other friends? Is there a way of reporting her to credit agencies?

Any help will be greatly appreciated. I know I am asking a lot of questions, but I have no clue where to start. It also doesn't help that I live in Chicago, so I can't be there while stuff goes down.

 

[mightymoose]

How recently did you find out about the sublet?
If you act quickly enough you can get him out without eviction. If, after learning of the unauthorized tenants, you allow them to stay there for even a week or two, you put yourself in a situation where you must evict. However, it sounds like you have known for awhile, so eviction is probably necessary.

There is no police report necessary- but the person that you leased the apartment to is still responsible for any damages and cleanup even though she isn't staying there. You can also hold her responsible for any legal fees if you do have to evict the current occupants.

Again, the faster you act upon learning of the unauthorized tenants then the easier you can put them out. Those occupants can take up any complaint with the person that let them in without authorization... not you. You don't have any responsibility to them unless you allow them to stay.

I realize there is some distance involved- but if you show up for an inspection (and have given proper notice) then that would be a good time to boot anyone that is not supposed to be there.

You should also contact the person you rented to and inform her that she will be responsible for any costs you take on. Put the burden on her to try to get them out since she is closer than you are.

 

[mightymoose]

Also- look in to your lease language or local laws and see if a rent increase is allowed for the additional occupants. It is possible that you can raise the rent a few hundred dollars for each person in the apartment without permission... that would greatly assist in getting the original tenant to cooperate and get them out.

 

[Gail_in_Georgia]

Begin the process of eviction in Georgia:

http://www.dca.state.ga.us/housing/housingdevelopment/programs/downloads/landlord/evictdisposs.html

Sometimes the initial letter to vacate is enough to, well, have the unwanted persons living there do exactly that.

The police will not get involved, citing this as a civil, not criminal matter.

It sounds like it's time to hire a property manager since landlording long distance can be quite difficult.

Gail

 

[pguru78]

Okay, my situation has gotten much much worse. Not only did I find out my "tenant" doesn't live in my rental property, but I can't contact her phone (disconnected), email (no response), or her work (closed down). I also know for a fact she has AT LEAST 3 leases under her name. I have a feeling it is a big subletting scam she has going on.

I definitely plan to start the eviction process, but is there anything else you would recommend doing? Is this something the police should investigate? Is it possible to evict whoever lives there sooner because they technically aren't on the lease?

Btw, thanks to everyone for sharing advice on my situation, you have been a great help.

 

[Gail_in_Georgia]

Why haven't you started the eviction process yet?

It's a rather cut and dried job to do this in Georgia. You fill out the correct forms at the Clerk of Court office to be sent to the address on the rental unit.

Gail

 

[pguru78]

To be honest, I was waiting for the February rent, which I haven't received yet.

Also, is it possible for me to go another route and accuse the tenant (that I can't find) with "theft of service" fraud? I am scared she may have this sublet scam going with a bunch of tenants and the authorities have to know this in some way.

 

[Gail_in_Georgia]

Look; you need to focus on getting this stranger out of your unit first. Heaven knows what they may be doing to your rental unit. Have you checked this out?

Gail

 

[pguru78]

Thanks for your advice Gail.

Here is where my situation stands. I was able to make a compromise with my tenant to vacate the unit. They will have til February 15th to move out, and assuming everything is okay with the unit, I told them I would refund 1/2 of their rent.

That said, do you think it is necessary to have the tenant sign:

(1) a Lease Amending Agreement...basically to change terms when lease will end, as well as other rules she should stick by for teh remaining 9 days?

OR

(2) Surrender of Lease & Premises (By Tenant) Agreement

 

[mightymoose]

I would simply have them sign a statement that the move out is consensual by both parties under the terms agreed, which are listed. Just word it in a way that protects you from accusations of an illegal eviction.