Expert: Robin Sexton - 7/21/2008

Question
Help! I'm a new landlord and have just rented a room to a young man age 38 in my house where i also reside on the premises and run my business.  Since it is summertime,I usually leave the windows open and have since 12 years that I've been living there.  My house is very high, however someone from the street would have to grow wings or get a tall ladder to get to anyone of my windows.  Also, my air conditioner was broken for about 2 weeks since there was so much construction going on in my place.  This person thats renting from me is someone shy and may be intimidated by speaking up about the heat and uncomfortability of the house because his rent does not include utilities... okay here is why I believe he made up a bogus story to enforce closing the windows of the house.

A week ago, i got a phone call from the roomate asking me have I been home yet.  I replied "no". and asked my roomat what the problem was.  He replied well, the screen is out on one of the windows and it appears that someone has been here. My two watches and a cell phone are missing.  

I'm not implying that I dont beleive a kid or maybe someone came through my windown however, for 12 years and allll of a sudden???  By the way, he claimed he left after 4 pm in the evening, (its summer time and broad daylight)  I got home after he called me around 9 so that means it had to be during the hours of 5 to 8.... supposedly according to his story, that the screen was on the floor pushed in and all the upstairs bedroom doors were swung open as if some kids ran through and took what they wanted.. I find this hard to believe because, if I was a thief, kid, drug addict or thrill seeker, i would have taken the laptops that i pass when coming in the living room where the windown is, I would have taken the 200 dollars on my bathroom sink, jewlery, another laptop upstairs and other goodies that anyone would want. I was pissed, so natually.  NO ITEMS WERE STOLEN EXCEPT HIS... isnt this peculiar? I'm thinking that it was either personally against him, maybe ex lover IF ANYONE CAME THORUGH THE WINDOW AT ALL... there were no witnesses (neighbors, nothing.  my things were not missing at all.  It is hot as hell in the house because we were waiting on HVAC. So, now the air in on, the police report filed and windows closed.  The roomate is sticking to his story, i'm not paying for anything... not that he asked, but I made sure to mention renters insurance.  I  mean what next? did he scope me out to see how i would react?  I dont have any major furniture because my entire house was filled with roomates before and i put them out because now i want to start a family.  the house is huge so 1000 a month more couldnt hurt to pay and save for other stuff with one roomate.  Now, I dont feel comfortable in my own house and i'm more pised that i feel he lied to have a report filed before someone's thing have actually be taking the 'next time'.  also, I just looked on case search and found that people he is related too are involved in theft and petty larceny/possession/distribution charges and numerous escrows for rent.  I'm screwed because I paid Tenant safe to do this for me.  
what the hell am i supposed to do now.  If i put him out and break the lease - what my house goes up in flames?  I cant stay there with him and live confortably ever since that bogus story.  

Plese advise. Please limit the I told you so's I really need help. Obviously i'm learning a lesson that hopefully doenst cost me more than the rent... :(

is there also a service that i can use to get money back from tenant safe?
What method can i used to evict this person without bias?

I need reasonable cause. in the time that I" had numerous roomates, never has this happened.  

Answer
Eliz,

You are dealing with  a landlord / tenant issue which i am not qualified to answer.  The questions regarding the reported theft i can comment on.
Their is insufficient information to a determine if this is a false report.  They occur much more often then most people realize in all types of crimes, home theft is just one.  However understanding why thieves only take certain items will drive you batty. Most the time they don't make any sense.  A lot depends on the perpetrators, age, maturity, dependency issues etc.  The fact that you have never been victimized before could mean you are just very lucky.  Also as you point out all these things could indicate a false report.  You don't say if this theft was reported to police.  Even if you suspect it is a false report you should report it.  Officers sometimes get very lucky and if their is a pattern developing in your area this could assist the,.  you are fortunate that you are renting not leasing.  In most jurisdictions renting is a monthly agreement.  you may be able to terminate the rental agreement and give him 30 days to get out.  Standard eviction takes a lot longer.  As to Tenant Safe, if they had no information in their data base about your renter then not much they could do.  I am pretty sure their legal disclaimer will say they are not perfect, take your chances.

Sorry i could not be more help, you may need to discuss this with an attorney who is competent in landlord tenant matters.

Good luck

Robin