Rental Credit Reports California
2010
Possible Lawsuit that might win? Realtor didn’t run tenant’s credit. California?
Hi,
I hired a real estate agent to lease out my house. The agent found a tenant and I signed the lease agreement along with the tenant. The tenant never paid any rent after the initial first month and deposit. It turns out that the tenant had an eviction last year and my Realtor did not run a credit report. The Realtor approved the tenant by a character judgment based on the personal property that the tenant had (expensive cars, watches, etc.). I had to go through an expensive eviction proceeding (not to mention 3 months without rental income) and the tenant damaged my home which will cost me over 15k to repair! Do I have any legal recourse against the Realtor and if so, what would be my chances on winning?
Thanks
The contract is a standard National Association of Realtors lease listing agreement for Southern California. It does not state that a credit report must be performed, but it states that the Realtor will perform due diligence in finding a tenant.
It depends on if your contract required them to do so. If not then it will be next to impossible to prove that they should have run a check but didn’t. As long as there was a reasonable basis (which it appears there is) then absent something in the contract for services you’re out of luck. If that’s the case I would try getting a refund for their services by calling the manager of his office, or if independent talking with them.
Since you’ve now posted it didn’t require one I highly dobut you’d have any case. Unless there was some reason for this person to stick out as having an eviction, or being otherwise “bad” in someway there’s nothing under that contract that will do much good in for a suit against them. I would as I said earlier talk with them about getting a possible refund (dobutful) or getting them to use their services again for free w/ the condition they run a credit check (the credit check may add a fee though, but I would think otherwise they’d do it for free after the results you had the 1st time).
RENT TO OWN OR OWNER FINANCING – 1212 Chablis Circle, Roseville, CA 95747
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