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Scari · Dec 6, 2008, 07:59 AM

:confused:
I'm in the state of Florida. I have a tenant who falsely filled out the lease, using someone else's name and information. I have proof of this. He also is subletting the house to people who may or may not be illegal aliens. It is very clear in my lease there is no subletting allowed. Recently, one of the pipes in the wall was leaking and as a result, flooded 8/10 Th's of the house and caused extensive damage to the pergo floors and drywall. My homeowners insurance is stating that I am not covered for water damage and is refusing to even send someone to look at it. That aside, the people cleaning up the water stated to me that the damage was as extensive as it was, because it had to be leaking for over a month. They also removed the dehumidifiers and fans, as the people living there would turn them off anyway. When I was just informed of the situation, I took immediate action. My lease is also specific about negligence. The person I have the lease with did state it had been like that, but for only a week, before he notified me. I have this conversation on tape as well. He also is refusing to pay rent and has not paid for December. I also have very specific late fees in my lease. Do I fix the house with no insurance money? Can I evict? What do I do now? Do I go to court? Do I contact immigration about the people in the house? Mold is already growing. I have a very hard time keeping a clear head when I speak to the person I have a lease with. He is such a huge liar and scam artist. I have already filed with state people who regulate insurance to try to go that route. I also contacted a lawyer about the insurance and since he's not been in contact, I'm sure I have no case there. Any advice would be appreciated.

ScottGem · Dec 6, 2008, 08:08 AM

First, as soon as you found out he used false ID, you should have immediately started eviction proceedings. OF COURSE you evict, why would you even be questioning that. This person is violating the lease. He used false info (why didn't you check references?) to get the rental, so this is all probably a scam to milk as much free accommodations as he can from you.

You might be able to force a quick eviction on the grounds of using false info.

I'm not sure why you are going after the insurance. If they say you aren't covered, then unless you can prove the policy does cover it you have no case against the insurer.

Fr_Chuck · Dec 6, 2008, 08:20 AM

? So many things, a person being illegal alien is not grounds to evict. It is illegal in most places to even ask if they are for rental purposes.

1. when have you called the police and reported the person for fraud and ID theft by using someone else's name

2. when have you contacted the real person whose ID was used and informed them.

3. When did you give a eviction notice to the people there for illegal rental, the person on lease not allowed to sub-lease, then also give person listed a eviction for fraud.

And you can try and sue the person who signed the lease but I would expect a person who does fraud not to stay around to pay.

So most likely you are just stuck losing out on all the repair which you will have to pay for and hope to someday collect from the person on the lease.
If you can prove it was his fault and not just a accidental water leak.

Lesson learned, always get two forms of ID and proof of income to rent to anyone.

Scari · Dec 6, 2008, 08:35 AM

Thank you for your response.
I did check his references and did a background check, he was using someone else's social security number and information. I just found all this stuff out on the 2nd of Dec, when I was made aware of the water issue. Now, he doesn't even have a phone where I can contact him. I did some P.I. work and found his real name and I know where is business is. Do I need to get a lawyer involved for the negligence and fraud? Do I confront him at his business? I have no other way to contact him. I have a conversation on tape that I had with him last night, where I caught him in many lies. He can't get away from me. Now I have a water logged house (and a mold issue) with no rent and people in there who, may or may not be illegal. Do I contact immigration? I don't have time to go through the process of getting estimates and the court proceedings. I need to get in there and remove the damaged drywall, as mold is a huge problem in Florida.
I'm going after the homeowners insurance, because they stated I was covered if the water had come from above, as in roof or pipes above, which is stupid as all my supply lines come from the slab. I know now, that on rental properties, you must have a DP3 form and not DP1. Which the average person wouldn't know and my agent doesn't even know this. She even argued with me that there were no insurance companies that cover water damage for rental properties. Which is a flat out lie, or she's a very misinformed agent, in turn making very misinformed customers. I found the form misuse information from another company, that I have my other property with and AM properly insured. We put our trust in our agents to give us the proper coverage and to keep us informed, to say, 'Hey, the crappy policy I'm selling you doesn't cover water damage from certain things, like, um, where water comes from, pipes.'

JudyKayTee · Dec 6, 2008, 09:09 AM

Originally Posted by Scari

I have a conversation on tape that I had with him last night, where I caught him in many lies. He can't get away from me.

Someone else who has followed this thread will respond to your questions about the rent but in Florida it's a felony to tape record a conversation without the consent of both parties, which consent I am assuming you didn't get. Not only is that tape not admissible but if the other party wishes to press charges you could have some serious problems and a felony criminal charge.

If Florida Law has changed, I'd be happy to have that info.

Scari · Dec 6, 2008, 09:14 AM

Thank you for letting me know that. No, I wasn't aware of that. I was so upset with this guys lies, I just wanted to get proof. I will let him know I'm recording next time.

JudyKayTee · Dec 6, 2008, 10:06 AM

Originally Posted by Scari

Thank you for letting me know that. No, I wasn't aware of that. I was so upset with this guys lies, I just wanted to get proof. I will let him know I'm recording next time.

It's interesting law - I just read in a legal journal that a woman in North Carolina (I think it was) brought a tape recording of her estranged husband into Court as proof that he admitted he was hiding income and she got arrested.

ScottGem · Dec 6, 2008, 02:50 PM

Do NOT confront this person yourself.

First for the repairs, as the landlord you have the right to enter the premises to make emergency repairs. If the locks have been changed you have the right to get a locksmith to get you inside. So assemble your repair crew and show up Monday morning (if not tmmw).

Do not contact immigration. That is a side issue and not really your business.

Do get an attorney and file suit against this person. Also file a criminal complaint for fraud.

I have to wonder about checking his references. If a friend of mine got a call indicating I was moving and they weren't aware of it, they would let me know.

Scari · Dec 9, 2008, 09:44 AM

Here's the latest. I have filed against the insurance company with the state. They have 21 days to respond. I have a serious feeling I'm screwed there.
Water is cleaned up, pipe is fixed. I couldn't wait 21 days for the insurance company to make up their minds and the water restoration company wouldn't finish the job, because of the insurance issue. My boyfriend and I went in there Sunday and removed all the moldy drywall ourselves. There was mold 3 feet up in some places, I think, plenty of evidence against the tenant, as to negligence in informing me of the problem. We also documented every step. We replaced two pieces of drywall so every room has privacy. I don't want to completely re-drywall, hoping the insurance will possibly come through. There is concrete floors, but the walls in the dining room and bedroom have no drywall on them. They house is very livable.
The sub-leasers are still in the home. The tenant I rented the place to said he will pay rent, but has not as of yet. I'm trying to play this guys game and get my money out of him. I'm afraid of him running right now. I'm not a rich land owner and only have two rental properties. I need the rent and money for the repairs out of him. I would really appreciate any legal advice as if I have a solid case against him for negligence.

JudyKayTee · Dec 9, 2008, 09:56 AM

Originally Posted by Scari

Here's the latest. I have filed against the insurance company with the state. They have 21 days to respond. I have a serious feeling I'm screwed there.
Water is cleaned up, pipe is fixed. I couldn't wait 21 days for the insurance company to make up their minds and the water restoration company wouldn't finish the job, because of the insurance issue. My boyfriend and I went in there Sunday and removed all the moldy drywall ourselves. There was mold 3 feet up in some places, I think, plenty of evidence against the tenant, as to negligence in informing me of the problem. We also documented every step. We replaced two pieces of drywall so every room has privacy. I don't want to completely re-drywall, hoping the insurance will possibly come through. There is concrete floors, but the walls in the dining room and bedroom have no drywall on them. They house is very livable.
The sub-leasers are still in the home. The tenant I rented the place to said he will pay rent, but has not as of yet. I'm trying to play this guys game and get my money out of him. I'm afraid of him running right now. I'm not a rich land owner and only have two rental properties. I need the rent and money for the repairs out of him. I would really appreciate any legal advice as if I have a solid case against him for negligence.

You would have to prove the tenant knew or should have known about the leak and the potential for damages as well as the standard of care of a rental property.

Would I go after the tenant? I'm a landlord and, yes, I would. All you lose (if you lose) is some time and effort.

I checked my insurance policy and it does cover water damage. What happened to you is a good lesson to the rest of us to check those policies!

Scari · Dec 9, 2008, 11:29 AM

If I have to wait for the insurance company, what do I legally, absolutely have to supply for the house to be considered livable? I'm just thinking that if I do take this to court, they can wiggle out of paying rent, because there are no floor coverings, just concrete and a few open walls. I don't have the money to fix this problem right now and they still haven't paid rent for December. Does anybody know where I can find this information in the statutes, or know off hand?

Scari · Dec 9, 2008, 11:41 AM

Found this in the statutes. I think the tenants are completely negligent. That doesn't mean anything in court. What am I to do?

83.51 Landlord's obligation to maintain premises.--
(4) The landlord is not responsible to the tenant under this section for conditions created or caused by the negligent or wrongful act or omission of the tenant, a member of the tenant's family, or other person on the premises with the tenant's consent.