Can the tenant be evicted?

[Alex Smith]

Hi All,

Tenant (represented by an agent) wants to move in the day after application is submitted, stating that the landlord wants to raise rent. Not a week has gone by, and having issues, such as water damage, and not turning over the utilities, and generally being unresponsive. At this point, double-checking the referenced landlord on the application, the supposed landlord provides rosy feedback, but doesn't seem to know all the details about the property, which led me to check the title owner which seems to be someone else. If a misrepresentation has occurred here, Is this ground for eviction ? Also, what sort of liability/responsibility does the agent have in this situation?

Regards,

Alex

[Nathan Gesner]

Quote from @Alex Smith:

My application and lease both have a clause that states the Tenant may be terminated if we discover they've lied on their application.

Whether you have that clause or not, you should contact the tenant immediately, in writing, with a notice of termination. Keep it short and professional:

"Dear Tenant,

It's come to our attention that your application may have included a false Landlord reference. You've also violated the terms of our agreement by failing to establish utilities prior to occupancy. We hereby give you notice that we are terminating your lease and expect you to vacate no later than 11:59PM on [DATE]. If you fail to vacate, we will seek eviction through court and you may be held liable for court and attorney fees."

A couple words of advice:

1. When you run a credit/criminal background, the results should show a list of previous addresses for the applicant. Those should match what they've written on their application.

2. If there's any hint of concern, verify ownership of the property before accepting the reference. If it's a management company, find them online to confirm the correct contact information was provided. You did well by looking the owner up and asking questions, but it was too late.

3. Do not hand over keys until all requirements are met. Rent and deposit is paid in full with certified funds. If they pay with a check or ACH, you wait until the payment clears. If they have to establish utility accounts, they need to provide proof or you can call the utility providers to verify. You shouldn't be chasing tenants down for information or compliance.