What are our rights after someone illegally rented our house?

Full question:

My husband and I recently found out that someone (illegally) rented our house out. They broke the lock box, changed the locks and charged someone $6,000 to move in (which they paid). We are in limbo because it's a Friday night but first thing Monday morning we'll be contacting the Charlotte courthouse to obtain a writ of possession but I can't go through the weekend not know how we will get this woman and her family out of our house. I feel awful that she was victim to scam but that house belongs to us. What are our rights & what steps do we take to have them removed?

  • Category: Criminal
  • Subcategory: Fraud
  • Date:
  • State: Texas

Answer:

Since the house is yours, it is illegal for someone to claim ownership and rent it out. The individuals who rented it may not have known they were victims of a scam. In this situation, you should be able to evict them without issue. Although you mentioned a lockbox, which suggests the home may have been listed for sale, this does not affect your rights as the property owners. While it's unfortunate that they were defrauded, you are not responsible for that.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In California, illegal lockout is addressed under California Civil Code § 789.3. This law prohibits landlords from changing locks or removing tenants from a rental property without following legal eviction procedures. If a landlord unlawfully locks out a tenant, the tenant may seek damages and can recover possession of the property through legal action. Always consult with a legal professional for specific advice regarding your situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*