Spouse failed Background Check

[Ray S.]

I have a Renter living in one of my properties in Houston, TX.  Dad, Kids and Pets are on the lease.  Dad has been a very difficult tenant due to having new pets without informing, not maintain yard etc... and other issues.

Mom was working in a different city and was not added initially.  She found a job in Houston and is back here.  I suspect she is staying at the rental property without being on the lease.

After more than a month, dad finally relented  and made mom submit an application to be added to the lease.

During Background Check, I have uncovered 2 issues.  Both issues are  not permitted as per the lease / application requirement.

1.  Collection Item on the credit report.

2.  Listed an individual as Landlord in her Prior Rental Address.  Apartment is professionally managed and the PM has replied in an EMAIL, they do not have her as a Tenant.  She may have stayed as an un-authorized guest paying partial rent to the current tenant.

In Texas,  can the spouse be denied based on providing false information on an Application and the COLLECTION issue.

Can the Tenants be evicted due to this issue.

Can the Spouse continue to stay in spite of application being denied.

Could I increase the Rent by another $200 because of the increased risk.

[Bart H.]

Originally posted by @Ray S.:

I have a Renter living in one of my properties in Houston, TX.  Dad, Kids and Pets are on the lease.  Dad has been a very difficult tenant due to having new pets without informing, not maintain yard etc... and other issues.

Mom was working in a different city and was not added initially.  She found a job in Houston and is back here.  I suspect she is staying at the rental property without being on the lease.

After more than a month, dad finally relented  and made mom submit an application to be added to the lease.

During Background Check, I have uncovered 2 issues.  Both issues are  not permitted as per the lease / application requirement.

1.  Collection Item on the credit report.

2.  Listed an individual as Landlord in her Prior Rental Address.  Apartment is professionally managed and the PM has replied in an EMAIL, they do not have her as a Tenant.  She may have stayed as an un-authorized guest paying partial rent to the current tenant.

In Texas,  can the spouse be denied based on providing false information on an Application and the COLLECTION issue.

Can the Tenants be evicted due to this issue.

Can the Spouse continue to stay in spite of application being denied.

Could I increase the Rent by another $200 because of the increased risk.

 IF you have a TAR lease then subleasing and authorized occupants are covered.  I don't know if a spouse would be treated any different for the situation you described.

In general we force each spouse to submit an application, and we have asked for additional deposits or denied based on poor credit from one or the other.

IF someone falsified an application, and I could prove it, then for us it would be an automatic disqualification, and we would encourage our tenant to move out, or at the very least not allow the other person to move in.  

Don't let it go, you are asking for issues.