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Q&A: How can you tell if a landlord is legit?
Photo credit: Mario Gonzalez /Mario Gonzalez
A Baldwin man was charged this week with renting out an abandoned home he didn’t own and alledgely collecting about $10,000 from a tenant over several months. How can you protect yourself from something like that happening? Commack real estate attorney Lita Smith-Mines offered some advice in this interview:
What steps can tenants take to make sure a landlord is legitimate?
I haven’t handled such a case because usually tenants don’t seek legal advice before signing a lease. But when someone does consult with me about a single-family residence, I always advise them to request a copy of the landlord’s deed to the property.
Also, if an agent says he or she is “authorized to sign the lease on behalf of the landlord,” I advise the tenant to ask how the authority was conveyed: Is there a Power of Attorney or a signed agreement conferring authority the tenant may see and attach to the lease?
Keep in mind that all documents can be forged by someone with fraud and larceny on her or his mind, so nothing short of searching in the county clerk’s office for the last owner of record and then speaking directly to the owner will foil someone out to rip off a tenant who asks the correct questions.
What rights do tenants have if they learn their landlord wasn’t legitimate? Would tenants have a certain length of time before they can be evicted?The “tenant” is a victim and has the right of recovery against the criminal who stole the rent money. Though I am not a criminal lawyer or extensively familiar with victims’ rights, my understanding is that recovery is very slim.
As far as rights regarding eviction, the person residing in the home is actually a trespasser and has zero rights as far as I know. If the real owner wants to start a landlord/tenant relationship, that’s all well and good. Otherwise, the owner can have the trespasser removed at will.
Any more advice for tenants?
Be aware that sometimes actual owners of properties will rent out to tenants during or after a foreclosure, so it appears the owner has the ability to do so. Foreclosing lenders, aware of the perils of flooding the market with bank-owned homes, sometimes take a while before trying to sell the seized house. Former owners, who may have keys and evidence that they are in title, have been known to take security and the first few months’ rent before the tenants get word about the foreclosure.
The only way to know if a house is in the process of foreclosure or has recently been foreclosed upon is, again, checking on the property at the county clerk’s office.
Photo by Mario Gonzalez
Tags: Baldwin , rentals , crime , foreclosure
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