Landlord Question and Answer Forum

Just found out my tenant has been indicted on 24 felony counts including Fraud, Conspiracy, Theft by Taking and Theft by Conversion. He's a roofing contractor and was allegedly collecting money for jobs and not completing them. He's 6 months in to a 1yr lease and pays on time, no issues at all, really a model tenant. How concerned do I need to be? Any steps I need to be taking to protect myself and my property? This is Georgia if it matters...

Generally speaking, a landlord can evict a tenant who conducts illegal activity within his rental unit. Many locales allow landlords to evict tenants whose household members or guests break the law while living in the property. The landlord can also evict any tenant whose activity poses a danger to the safety of other tenants or the property. The gray area here is that your tenant really didn't commit the felonies within the confines of the rental unit or the common areas. Because this is an indictment and not a sentence, he is innocent until proven guilty under the law must be treated as such.

Posted by Donna , NC on Tuesday, September 6, 2011

That's pretty much what I was thinking, thanks for the answer.

Posted by Tom H, GA on Tuesday, September 6, 2011

Ahhh but.... Landlord / Tenant law is civil and not criminal, so the burden of proof is different. In effect it probably depends on the lease and local law. If you want you could check with an attorney, but since you're getting rent....

Posted by Doug H, KY on Saturday, February 11, 2012