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What happens when tenant lies on background check? - Landlord Forum thread 221859

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What happens when tenant lies on background check? by Anonymous on April 21, 2011 @01:40

Let's say Prospective tenant A fills out application and consents to background check/ credit report.. yada yada, but then the actual person(s) moving in are not the ones who filled out the application?

Do i call the police right away?

What should i do?

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Re: What happens when tenant lies on background check? by Bunny *M*A*G*I*C* on April 21, 2011 @01:48 [ Reply ]
Okay, let me get this did the background check and everything was fine for Tenant A? Then, some other person (NOT Tenant A) moves in.

To whom did you give the keys?

What happened to Tenant A? Did they sublet the place? Does your lease or rental agreement permit Tenant A to sublease?

If the person living there is not the person who passed the credit check and signed the lease or rental agreement, I'd be posting some kind of immediate eviction notice in accordance with your state laws.

Do we have ALL the information needed in order to give the best input for you? Are there any details that perhaps we should know about???

Re: What happens when tenant lies on background check? by Anonymous on April 21, 2011 @02:03 [ Reply ]
Well at the moment it's a scenario..

So an immediate eviction in lay men's terms means to call the police and have them remove the occupants inside?

I don't want to encounter another scum tenant, but a common scheme here in SF is the use of "decoys" to gain entry into the rental.

Assume the rental process was done verbally and no contact was signed. Would i still have the option to go with an 'immediate eviction"

Thank you Bunny by Anonymous on April 21, 2011 @04:47 [ Reply ]
That is about the farthest out hypothetical I've seen. But worth considering.

Thank you Bunny for those comments. :)

No you can't call the police, they will say it's civil. Though I say it is criminal fraud. You would have to do a john doe eviction on all parties.

The way to thwart this as Bunny said.

Written lease.
In person interview and signing
Photos of residents (and pets)
Background check / residence check / employment check
Google/Facebook/LinkedIn, etc the names
Utilities on, in tenants name before keys pass

Anyway thought, this is a good hypothetical situation to be aware of. That's the best defence, knowing it is possible.

Re: What happens when tenant lies on background check? by Katiekate (New York) on April 21, 2011 @06:04 [ Reply ]
On the day of move in there is a procedure that I insist be followed:

1). I get the first and last month cash
2). We walk thru the unit together..document the exact condition, take pictures, and together sign the move-in walk thru document.
3). We go over the Bedbug addendum and Bedbug agreement. Tenant initials each provision and signs each document.
4). We go over the lease. Tenant initials each provision and signs the document.
5). The 'deposit' money is rolled into the security deposit, and tenant signs the receipt for this.
6). Tenant gets keys.

This is always done in the exact order. I once had a tenant wanting the keys the night before..wanted to start moving in right away. I said no. I told them the process would take a couple hours. Tenant said they didn't have time for all that. I told them to call back when they could find the time.

How could I fail to notice that the person doing this isn't the person I agreed to rent to?

So.. after they sign everything..then someone else moves in?
I would sent a 3 day right away. A 'John Doe'.
I have cash in the amount of 3 months worth of rent (first, last month rents and the security deposit)...I have time to deal with this and not lose money.

Re: What happens when tenant lies on background check? by Eric (MN) on April 21, 2011 @08:22 [ Reply ]
You just have to do new background checks, or have to evict. It is not a police matter.

In MN, when an applicant lies on the rental application, it is a civil matter, but they can be fined up to $500. So that may come into play too. Good luck getting a judge allowing teh maximum fine if no harm was done. And better luck collecting.

Re: What happens when tenant lies on background check? by Anonymous on April 21, 2011 @09:31 [ Reply ]
Yes. CAll the police right away especially if they are in posession of your property.
You may have to swear out a compalint and press charges, but do it.

But if you are in MI, you should contact a lawyer, I see Eric says it is a civil matter.

Re: What happens when tenant lies on background check? by Dizzy (Wonderland) on April 23, 2011 @11:03 [ Reply ]
You mean you didn't cross reference the names on the application with their ID's??!!! - You Lose!!!

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