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My Agent Rented Out My House And Embezzled The Rent - Properties - Nairaland

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My Agent Rented Out My House And Embezzled The Rent by greggng: 11:19pm On Sep 28, 2011
My Agent Rented My House And Ate The Money What Do I Do?

Please I need an advice urgently on this matter. A friend of mine helped me in building my house 3 bedroom flat . Due to the fact that he was very instrumental in the success of the building, I decided to authorize him to rent the house out on my behalf.  He rented the house since 2 months ago but lied to me that he hasn't done that.  I received the shock of my life yesterday when an agent close to my house called me to congratulate me about the rent-age of my house.i told him am not aware but to my greatest surprise I met a young man who paid a year and 6 months amounting to N520,000 .

I have  reported the matter to the police and he is in detention. He was asked what he did with my money and he claimed he invested it in a business and by next week is gonna pay up.  My problem with him is that he never told me before investing my money in a business venture. 

Right now am confuse as to what steps to take to recover my fund as am broke.  Again will charging the case to court be a better option if he fails to pay? He did not even give any receipt to the tenant, the only evidence the tenant has is the apartment key and teller from zenith bank confirming payment of fund. Today the police followed him to the bank to print out his bank statement and to our surprise he has only n2660 left. However it was confirmed that he actually got the tenant money .his elder brother told me he cannot sign undertaken for him. One of his friends agreed to do that but no collateral at hand. Should I agree to this arrangement?

I will appreciate any advice that could enable me recover my fund . Lawyers are highly welcome too.
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 11:46pm On Sep 28, 2011
You approached the issue in a rash. The initial thing you would have done would have been to tell the tenant that he has been duped. That the house is yours and whoever gave the house out is a 419. Then the tenant and the friend of yours will battle it while you put new tenant to your house.
Re: My Agent Rented Out My House And Embezzled The Rent by Sacarstic: 12:00am On Sep 29, 2011
Get a lawyer and take the matter to court because the moment he is on bail you will never get your money back, the police will connive with him to frustrate you in recovering your money and i know such a man will be very very fetish and so he may start going to herbalists to help him hypnotize you to forget your money. Did he tell you the kind of investment he made with the money Did the police carry out investigation on the supposed investment?? If i am in your position i will not believe whatever comes out of his mouth considering his low moral values.
Re: My Agent Rented Out My House And Embezzled The Rent by stagger: 12:37am On Sep 29, 2011
LeoMax:

You approached the issue in a rash. The initial thing you would have done would have been to tell the tenant that he has been duped. That the house is yours and whoever gave the house out is a 419. Then the tenant and the friend of yours will battle it while you put new tenant to your house.
Best advice but the deed is done. Get the matter charged to court before he is granted police bail, and in any case. he should pay before bail.
Re: My Agent Rented Out My House And Embezzled The Rent by doctokwus: 2:40am On Sep 29, 2011
LeoMax:

You approached the issue in a rash. The initial thing you would have done would have been to tell the tenant that he has been duped. That the house is yours and whoever gave the house out is a 419. Then the tenant and the friend of yours will battle it while you put new tenant to your house.
Are u kidding with dis advice or are u for real!
Re: My Agent Rented Out My House And Embezzled The Rent by andyanders: 2:52am On Sep 29, 2011
You got it wrong. Since the house is yours, you should have made good by informing the tenant that the house is yours and that you are not aware of any payment. Rent the house yourself and let the tenant arrest the guy.  The police will start playing games with you.
Re: My Agent Rented Out My House And Embezzled The Rent by gwas(m): 3:38am On Sep 29, 2011
@doctokwus - what should he do? I go with leomax as d tenant doesn't have a receipt.
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 3:39am On Sep 29, 2011
Gaddem Nigerians angry angry
This crap doesn't even surprise me anymore. SCUM!

https://www.nairaland.com/nigeria?topic=764514
Re: My Agent Rented Out My House And Embezzled The Rent by ayandee: 4:26am On Sep 29, 2011
That's so unfortunate. Next time, let a lawyer be in charge of your property. You can hold a lawyer accountable through the disciplinary committee.
Re: My Agent Rented Out My House And Embezzled The Rent by moremi2008(m): 4:36am On Sep 29, 2011
Never trust a Nigerian with your money! I can't count the number of times my parents have been duped by people they considered family! This is a lesson you learn after being bitten a couple of times!
Re: My Agent Rented Out My House And Embezzled The Rent by heynew: 5:15am On Sep 29, 2011
I will rather call this wickedness than 419
Re: My Agent Rented Out My House And Embezzled The Rent by oyintiloye(m): 6:30am On Sep 29, 2011
@poster, just take things easy;that is not the end of life. Do not be the one to jail your friend. Although, what he did was wrong but since he said his business will pay-off soon be patient.
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 6:48am On Sep 29, 2011
@OP
I thought you just said this person is your friend and he was instrumental to the completion of your house ? You've arrested him already but charging him to court is totally extreme IMO.however if there is any possible arrangement on how you can recoup atleast 70% percent of your money,do that and leave the rest for friend's sake.You may never know when you'll need his help.520k is not enough to send your good friend to jail !
Re: My Agent Rented Out My House And Embezzled The Rent by NnamdiN: 7:04am On Sep 29, 2011
oyintiloye:

@poster, just take things easy;that is not the end of life. Do not be the one to jail your friend. Although, what he did was wrong but since he said his business will pay-off soon be patient.
are u kidding me? Did u say FRIEND? seems u've nt been betrayed b4, poster pls do ur best in frying his a s s, One reason I no longer have male frnds
Re: My Agent Rented Out My House And Embezzled The Rent by adanny01(m): 7:24am On Sep 29, 2011
Fraternizing with the police will get you nothing. Its too late that the case is with them. If you attempt withdrawing the case now, i bet you they wont allow coz they know what they'll gain if the money is recovered.
Am even confused on the best advise to you. Everything depends on your friend. Consider that he may have no intention to dupe you, but just fell for a quick investment that will get him some quick buck. Try to know what investment and pursue it.
Dont forget that if is a true investment, you owe your friend an apology and the profit.
Re: My Agent Rented Out My House And Embezzled The Rent by james1(m): 7:42am On Sep 29, 2011
This is bad on his part;he had helped you all the while;get the fraud unit to recoup your money for you,of course they collect a % or simply seize valuable he might have purchased with the money.
Re: My Agent Rented Out My House And Embezzled The Rent by Jenticles(f): 7:43am On Sep 29, 2011
My dear don't sue him 2 court, u no court procedures might take time since he said nxtweek just wait then if he fails 2 pay hmmmm d police can help u i'm sure he has properties start 4rm selling dem 1st. Don't even think of court trust me i've been there n it failed.
Re: My Agent Rented Out My House And Embezzled The Rent by walcolm(m): 8:30am On Sep 29, 2011
@OP,

i think what you should do is a mix of some of the advise you have been given here.

first let the would-be tenant know he has been duped because you have not received a rent and as such he cannot move into your house
by having the so called agent arrested, you have confirmed point number one above to the would be tenant and even helped him start the process of recovering his money

if the so called agent now fulfills his promise and pays you the rent money he received from the tenant, then by all means let the tenant use the apartment

but going to court will not earn you anything, the lawyer will collect his fees upfront (another loss to your pocket) and your case will be in court for donkey years with nothing to show for it.
Re: My Agent Rented Out My House And Embezzled The Rent by funkybaby(f): 8:50am On Sep 29, 2011
@poster

throwing the tenant out and claiming that he has been duped because you are yet to receive the funds will only complicate matters for you and if you are not careful, the tenant will also get you arrested and throw you in jail as well and i will explain to you the reason why:

YOU appointed your friend as the agent
YOU gave your friend the mandate to act on your behalf in your sane mind, because YOU felt he [i]would [/i]act in your best interest
YOU gave your friend the keys to the flat
YOU gave your friend unrestricted access to the flat to bring in prospective tenants to view the property
YOU permitted your friend to hang a ''to let'' board on your property with his contact details (except he advertised the house through a different medium)

so now that things have gone wrong between you and your friend, it is not the tenant's business.

there is no way you can feign ignorance that you were not aware your friend was acting on your behalf because it is clear you instructed him to. if you chose to do so, then it is deceit and fraud , so you also on the path of having a police case with the tenant. As a matter of fact, the tenant can claim that you and your friend teamed up to dupe him. Also bear in mind that this your friend has collected the rent about two months ago.

it would have been a  different case if the tenant was duped by a 3rd party agent (someone that was never authorised to let out the property or someone that deceitfully got the keys or gained access to the property).

my advice: set up a payment plan with your friend which he must agree to at the police station before he is released. another option is to get the police to confiscate whatever assets he's got . eg. his car till he can refund the full money or at least part of it. 

this is a lesson learnt. next time you want to let out your flat, deal with a registered estate surveyor and valuer  wink
Re: My Agent Rented Out My House And Embezzled The Rent by ifyalways(f): 10:19am On Sep 29, 2011
Throwing out the tenant is a sure way of recovering your funds but it would also mean that the OP is as wicked as his friend.(He already knows for sure that the tenant did pay his friend)

Way to go;Go visit your friend in cell and cunningly offer a sort of apology for throwing him in cell,ask him calmly the nature of biz he invested ur money in,when he's expecting returns etc.His responses should be pointers on either to withdraw the case or go ahead with it.

Lesson learnt.Money and friends,hmmn,you'd lose both. . .plus your sanity.
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 11:33am On Sep 29, 2011
never trust a Nigerian. even supposed family members cannot be trusted.


ifyalways:

Throwing out the tenant is a sure way of recovering your funds but it would also mean that the OP is as wicked as his friend.(He already knows for sure that the tenant did pay his friend)

Way to go;Go visit your friend in cell and cunningly offer a sort of apology for throwing him in cell,ask him calmly the nature of biz he invested your money in,when he's expecting returns etc.His responses should be pointers on either to withdraw the case or go ahead with it.

Lesson learnt.Money and friends,hmmn,you'd lose both. . .plus your sanity.

who cares, you need to venture into a business or relate with people with money to understand that everyone works in survival of the fittest mode.
i have lost close to 700k to different events and people simply because i tried to be reasonable.
Re: My Agent Rented Out My House And Embezzled The Rent by Demdem(m): 11:50am On Sep 29, 2011
greggng:

My Agent Rented My House And Ate The Money What Do I Do?

Please I need an advice urgently on this matter. A friend of mine helped me in building my house 3 bedroom flat . Due to the fact that he was very instrumental in the success of the building, I decided to authorize him to rent the house out on my behalf. 

I would have approached this differently based on the above.
If truly he is my friend, will sit him down and we will talk about repayment plans, at least na only18months he collected. Police approach to me in Naija should be the last approach (if needed). I guess u were then broke and needed ur money instantly which still havent been acheived.
I wish you the best bro.
Re: My Agent Rented Out My House And Embezzled The Rent by Dikyson: 12:28pm On Sep 29, 2011
I had the same experience in 2008, I lost 2M because I was confused like you.There is no avenue I did try to recover my money,area DPO ,lawyer, court, CP Office Ikeja, omonile and personal negotiation with the tenants and the fraudster. The fraudster even gave me a cheque and abscond because he knew I don't live in town.All these did not solve the problem. I end up refunding the tenants a year rent and allow them to stay one year and vacate the compound as advised by CP.
Well, my advice to you is to settle this matter between you, your friend and members of his family. But if they refuse, it is either you pay the tenants off or allow him to stay for the period he has paid for and vacate your compound.As for your friend,allow his conscience to judge him
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 12:55pm On Sep 29, 2011
Dikyson:

I had the same experience in 2008, I lost 2M because I was confused like you.There is no avenue I did try to recover my money,area DPO ,lawyer, court, CP Office Ikeja, omonile and personal negotiation with the tenants and the fraudster. The fraudster even gave me a cheque and abscond because he knew I don't live in town.All these did not solve the problem. I end up refunding the tenants a year rent and allow them to stay one year and vacate the compound as advised by CP.
Well, my advice to you is to settle this matter between you, your friend and members of his family. But if they refuse, it is either you pay the tenants off or allow him to stay for the period he has paid for and vacate your compound.As for your friend,allow his conscience to judge him

that is Nigeria for you, those offices will still milk you on top of it all
the CP office at ikeja will make you pay anything above 20k with no end result.

In my own case, i have a signed agreement as to when i will be paid, yet it has lapsed 6 months now and nothing can be done by the police but to milk you more, then go ahead and liaise with the criminal, and becoming an advocate for him. i have resorted to Jeremiah 17:11, and let God take control of me cos i dont want to do anything stupid.
Re: My Agent Rented Out My House And Embezzled The Rent by fenandopo: 2:09pm On Sep 29, 2011
leo max i likie your answer. The poster actually acted rashly. Anyways, the mistkae has already been made, he shud now look for a solution. Poster, your friend said the business will mature in a few weeks time. you should ve given him the benefit of the doubt, till he disappoint again. Why i say this is because if he was criminally minded, he would have duped you while constructing the house,
Re: My Agent Rented Out My House And Embezzled The Rent by i1: 4:12pm On Sep 29, 2011
well. your agent try. take the matter up with him legally. its called fruad. dont let police try advice you na thier pocket they dey find. as for the tenant, issue him one week notice and tell him either a. he packs out from your house or b, he pays your rent. but he can proceed against the agent. call me up if you need more advise. 08053779782
Re: My Agent Rented Out My House And Embezzled The Rent by dboss4life: 5:50pm On Sep 29, 2011
my advice to you on this matter is to approach your friend politely at the police station and first of all apologize to him for using police to embarrass him then engage him on a heart to heart chart on when he will pay back your money because if your friend was dubious as you claim, he could have squandered the money you gave him to build the house for you but he didn't do that, so you don't have any justification to go to the extent of using police to lock him up, its wrong.

Probably he must have invested your money with the intention to pay back the moment the investment matures, so just play along with him then if after the duration, he gave you expires and he doesn't pay back, that is when you will have every course to pounce on him ruthlessly by any means neccessary.
Re: My Agent Rented Out My House And Embezzled The Rent by Nobody: 5:54pm On Sep 29, 2011
^^Which kin' dirty apologize? You DON'T steal money from a man and use it to make money and then "pay him back". You were never borrowed to begin with.
Or does he feel because he was given contract to build the house that he now [b]OWNS [/b]the house as well? He deserved EVERY embarrassment that he got.

ONLY with nigerians will I see something like this and people will be like "ehhen? so what is wrong with what he did? He would have told him eventually"
You DO NOT do this. Dammit my patience for my people is all but dead.

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Re: My Agent Rented Out My House And Embezzled The Rent by Reflector: 6:19pm On Sep 29, 2011
I am amazed at the responses i am reading here, this is why naija is not developing.

what you did by arresting him is the right thing. for one he is no longer your friend otherwise he would not have stolen your money. your best bet for getting your money is to let the police harrase him well eventually one of his family members would refund the money to you and only then should you let him off the hook. agreed police would chop some money but it is better than loosing everything.

i can bet you he would not want the case to go to court, so stand firm and insist on your money back, remember no sentiment. A real friend would not have done what he did. as for the tenant you cannot evict him as your agent was duly appointed by you.
Re: My Agent Rented Out My House And Embezzled The Rent by Demdem(m): 1:48pm On Sep 30, 2011
2buff:

^^Which kin' dirty apologize? You DON'T steal money from a man and use it to make money and then "pay him back". You were never borrowed to begin with.
Or does he feel because he was given contract to build the house that he now [b]OWNS [/b]the house as well? He deserved EVERY embarrassment that he got.

ONLY with nigerians will I see something like this and people will be like "ehhen? so what is wrong with what he did? He would have told him eventually"
You DO NOT do this. Dammit my patience for my people is all but dead.
Reflector:

I am amazed at the responses i am reading here, this is why naija is not developing.

what you did by arresting him is the right thing. for one he is no longer your friend otherwise he would not have stolen your money. your best bet for getting your money is to let the police harrase him well eventually one of his family members would refund the money to you and only then should you let him off the hook. agreed police would chop some money but it is better than loosing everything.

i can bet you he would not want the case to go to court, so stand firm and insist on your money back, remember no sentiment. A real friend would not have done what he did. as for the tenant you cannot evict him as your agent was duly appointed by you.

Honestly u guys are right and in an ideal society, this is what is applicable. Unfortunately, its not so in Naija of today. Its not that straightforward. The so-called friend goofed big time and deserves to be punished
Ok, he has done what u guys suggested (Police invited) yet his money which he so much needed is yet to be paid. Am sure he definately paid some money to the police before they even decided to take on the case
The Nigerian police is not simply up for cases like this, the are incompetent to be honest as per this.
I still stand on my earlier position though

Demdem:

I would have approached this differently based on the above.
If truly he is my friend, will sit him down and we will talk about repayment plans, at least na only18months he collected. Police approach to me in Naija should be the last approach (if needed). I guess u were then broke and needed your money instantly which still havent been acheived.
I wish you the best bro.
Re: My Agent Rented Out My House And Embezzled The Rent by Fhemmmy: 2:49pm On Sep 30, 2011
LeoMax:

You approached the issue in a rash. The initial thing you would have done would have been to tell the tenant that he has been duped. That the house is yours and whoever gave the house out is a 419. Then the tenant and the friend of yours will battle it while you put new tenant to your house.

He has moved past that state.
The guy stated that he gave the friend the authority to rent the house out, so he cant go back and say he has no idea . . .before you authorize someone, you have to have their trust.
Only thing he could do is go to court, nothing else. . . like someone said, once he is out of detention, He is gone like a goner

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