Found false info on rental application

[Dana Holland]

We have tenants that for various reasons we would love to get rid of if we could.  I was just able to get a hold of a previous landlord who told me that they broke their lease agreement with them, however on the rental application they checked "no" where it asks if they ever broke a lease. 

Per my state's tenant landlord act, it says:

"Except as provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement, including material falsification of the information provided on the rental application, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. For the purposes of this section, material falsification shall include the following untrue or misleading information about the: 1. Number of occupants in the dwelling unit, pets, income of prospective tenant, social security number and current employment listed on the application or lease agreement. 2. Tenant's criminal records, prior eviction record and current criminal activity. Material falsification of information in this paragraph is not curable under this section."

It says prior eviction record, but not about breaking a lease.  Still, we rented to them thinking they had never broken a lease agreement and found out later that it wasn't true.  Anyone want to weigh in on if this counts?  I'm sure I would have to consult with a local attorney but wanted to get some opinions here first.

[Nathan Gesner]

Lesson 1: Always check references before approving them or letting them move in, not after you are having problems with them.

Lesson 2: I recommend you update your application to include a clause similar to what I use:

Even if the false information is discovered after occupancy, you can use it for grounds to terminate.

Just remember this doesn't mean it will hold up in a court of law. However, most tenants are unsophisticated and will abide by a 30-day notice if they've been caught red-handed. 

I don't know your situation, but I would give them a 30 day notice in writing and see if they willingly leave. If they push back, you can either leave them in place or consult an attorney to see what your options are.