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    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #1

    Mar 2, 2013, 10:14 AM
    Someone rented my property.
    I have an RV lot that I own. A person rented my RV lot to someone for 1 month and received $450. What law(s) did he break? Fraud? Rent skimming? What are the penalties?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
     
    #2

    Mar 2, 2013, 10:35 AM
    Was that person renting from you or was it someone just rented your space without permission ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Mar 2, 2013, 11:14 AM
    Fraud, theft of services, maybe other crimes.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #4

    Mar 2, 2013, 11:21 AM
    It would help to know your relationship to the 'person.' Tenant, neighbor to the lot, stranger from across town, who?
    Mcsap9213's Avatar
    Mcsap9213 Posts: 99, Reputation: 10
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    #5

    Mar 2, 2013, 11:25 AM
    I am aware that some campgrounds do this when the " owner" is not staying there.

    So is this a titled in your name piece of real estate or a lot that you lease on an annual basis ?

    If it is your property , how did they go about doing this ? Was this at a campground and someone took advantage of you not being there ? If so , it sounds like a couple of different theft charges would fit.

    Do you know this person ? Have you rented to them or allowed them to use your space before ? How did you find out this happened ?
    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #6

    Mar 3, 2013, 06:19 AM
    Someone rented my space without my permission.
    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #7

    Mar 3, 2013, 06:21 AM
    Quote Originally Posted by joypulv View Post
    It would help to know your relationship to the 'person.' Tenant, neighbor to the lot, stranger from across town, who?
    Did not know person. He rented my rv space out without my permission or knowledge.
    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #8

    Mar 3, 2013, 06:24 AM
    Quote Originally Posted by Mcsap9213 View Post
    I am aware that some campgrounds do this when the " owner" is not staying there.

    So is this a titled in your name piece of real estate or a lot that you lease on an annual basis ?

    If it is your property , how did they go about doing this ? Was this at a campground and someone took advantage of you not being there ? If so , it sounds like a couple of different theft charges would fit.

    Do you know this person ? Have you rented to them or allowed them to use your space before ? How did you find out this happened ?
    The rv space is titled in my name. An individual, unknown to me, rented out my space to some one else without my permission or knowledge. He received a check from the renter for $450.
    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #9

    Mar 3, 2013, 06:25 AM
    Quote Originally Posted by joypulv View Post
    It would help to know your relationship to the 'person.' Tenant, neighbor to the lot, stranger from across town, who?
    Stranger
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #10

    Mar 3, 2013, 06:30 AM
    In order for us to know what laws this person may have violated, we would have to know the state or country where the lot is located.
    wbg188's Avatar
    wbg188 Posts: 6, Reputation: 1
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    #11

    Mar 3, 2013, 06:35 AM
    Quote Originally Posted by AK lawyer View Post
    In order for us to know what laws this person may have violated, we would have to know the state or country where the lot is located.
    Marion County, Florida.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #12

    Mar 3, 2013, 06:35 AM
    And what do you want to do about it? Did you go to use the lot and find it occupied? When did this happen? What about the managers of the park? How did they allow this?
    Mcsap9213's Avatar
    Mcsap9213 Posts: 99, Reputation: 10
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    #13

    Mar 3, 2013, 06:35 AM
    Most certainly it was some form of theft. I would say is time to get Law Enforcement involved.

    Do you know who arranged this ? If you do , you may consider contacting them and demand the entire $450 from them in lieu of going to the police. While you cannot make a profit under this scenario ( tell them to pay you $650 ) or you will call the police , you are entitled to "earn" or recover the profit they did make.

    You would need to be careful but it can be done. If this person is charged , you may have to take time off work to go to court etc. which is additional cost you will not be compensated for.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #14

    Mar 3, 2013, 06:50 AM
    Hello w:

    It's STEALING. Call the cops.

    excon
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #15

    Mar 3, 2013, 06:56 AM
    If you can't get the renter to give you the name and location of the 'stranger' he paid rent to, then you evict him. For all you know he is lying, and there is no stranger and there was no rent paid, and he's just trespassing. If he can't provide proof that he paid rent and was innocent, then you sue him for rent as well as evict him.

    If you do find out for sure who the 'stranger' is, sue him in small claims. You can call it what you want, but basically it's fraud.

    I'd give 60/40 odds that the person renting is lying.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #16

    Mar 3, 2013, 07:14 AM
    Quote Originally Posted by wbg188 View Post
    Marion County, Florida.
    "817.02 Obtaining property by false personation.—Whoever falsely personates or represents another, and in such assumed character receives any property intended to be delivered to the party so personated, with intent to convert the same to his or her own use, shall be punished as if he or she had been convicted of larceny." 817.02 - - 2012 Florida Statutes - The Florida Senate

    Question is (regarding the word "another") whether the person would have had to say he was [your name] or if it's sufficient for him to have said "I'm the owner of this property".

    "817.29 Cheating.—Whoever is convicted of any gross fraud or cheat at common law shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." 817.29 - - 2012 Florida Statutes - The Florida Senate

    I don't know, without extensive research, what the common law means by "gross fraud or cheat".
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #17

    Mar 3, 2013, 07:26 AM
    Hello again,

    I don't like cops. But, when somebody steals from me, that's the FIRST phone call I make. THEY can investigate much more fully, much more effectively than you can, and they can do that WITHOUT putting you, the victim, at additional risk.. In fact, if you mess around, you might give the perp a way out, or at LEAST you'll give him the idea that he should skip town.. That, PLUS the fact that if you WAIT, even a day or two, the cops begin to believe something's funny, and you WON'T get the full investigation that you deserve..

    Let the cops DO their job.

    excon

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