How Do I Handle a Rental Scam When Relocating During or After Divorce?

Why Are Divorcing Individuals Vulnerable to Rental Scams?

People going through divorce often face urgent housing needs — one spouse must vacate the marital home quickly, sometimes under court order. This urgency makes them prime targets for rental fraud. The FBI's Internet Crime Complaint Center reported over 11,700 real estate fraud complaints in 2023, with losses exceeding $145 million. Facebook Marketplace and Craigslist listings account for a significant share of these scams, where fraudsters pose as landlords for properties they don't own.

If you're navigating housing changes during divorce, taking extra precautions before signing any lease is critical.

What Should You Do If Someone Is Already Living in Your Rental?

Immediate steps:

1. Call law enforcement — File a police report documenting the situation. This creates an official record you'll need for civil proceedings.
2. Contact your property management company — Verify your lease is legitimate by confirming the property owner matches public records.
3. Document everything — Photograph the property, save all communications, and preserve your lease agreement and payment receipts.
4. Do not attempt self-help eviction — In Pennsylvania, Pa. Cons. Stat. § 68 P.S. § 250.501 prohibits landlords and tenants from using force or lockouts. Only a court can authorize removal of occupants.

The unauthorized occupant in your situation likely responded to a fraudulent listing. Approximately 43% of renters have encountered a suspected rental scam listing, according to Apartment List's 2023 survey.

How Does Pennsylvania Law Address Unauthorized Occupants?

Pennsylvania's Landlord and Tenant Act governs these disputes. The legitimate property owner must file an ejectment action or pursue eviction through the magisterial district court. Under Pennsylvania law, even unauthorized occupants cannot simply be removed without due process — the timeline typically runs 10 to 30 days after a court order is issued.

Your property management company bears responsibility for delivering the property as agreed in your lease. If they cannot provide possession, you may be entitled to:

• Return of all deposits and prepaid rent
• Temporary housing costs incurred due to the delay
• Damages for breach of the lease covenant of quiet enjoyment

How Can You Protect Yourself When Renting During Divorce?

When planning your post-divorce budget, factor in these safeguards:

• Verify ownership through county property records before signing any lease
• Never wire money or pay via apps like Zelle or Venmo to individuals
• Visit the property in person before committing — scammers avoid in-person meetings
• Use established property management companies with verifiable offices and reviews
• Compare pricing — if rent seems dramatically below market rates, it likely is fraudulent

The median rent for a 3-bedroom home in the Pittsburgh metro area is approximately $1,400–$1,800/month as of 2025, so an $800/month listing with $500 utilities for a house should raise immediate red flags.

Should You Consult an Attorney?

Yes. If you're already working with a family law attorney for your divorce, ask for a referral to a landlord-tenant attorney who can pursue your deposit recovery and any damages. If the scam involved wire fraud or crossed state lines, the FBI's IC3 may also investigate.

Laws governing unauthorized occupants, property rights, and lease disputes vary significantly by state — what applies in Pennsylvania may differ from neighboring states. An attorney familiar with local housing law can advise on the fastest path to securing your housing.