Tenant Fraud, Eviction or Trespassing?

[Frank Nguyen]

Hi all,

I'm needing some help I've been renting property for about 3 years and this week I accepted my first con artist into one of my apartments. I feel pretty embarrassed about foolish I was and how lightly I screened. The tenant was very likable right off. After her deposit, first month check, and direct deposit form all came back declined within a few days everything was becoming very clear.

Come to find out she signed the application and lease under her 14 year old daughters name. When I searched nothing came up and I thought all was good. Her deposit and 1st rent check was a gift from her "Mom", not actually her mom but her own real name. Had I searched this name in the first place I would have found more than enough info to stay far away from her.  I tracked down a real former landlord of hers who had a pending criminal case against her. 

I called her and let her know I knew she wasn't who she said she was which was very awkward for me I usually feel very uncomfortable with confrontation. Any way the conversation went like this

me: you have 24 hours to get out or I'll start the eviction process. 

tenant: "thank you sir and hung up."

she tried calling back but i didnt pick up and then she texted where she should leave the keys. I told her on the counter. The next day I told her I would be picking up the keys at 7pm. 

tenant: "I wont be able to get her big items out until the next day because of work."

me: you have until noon after that anything inside will be brought outside. She then responded 

tenant: "well i dont think you can actually do that without an eviction notice but we will remove our things accordingly" 

I'm not sure exactly what she meant by that but I responded: "actually eviction doesn't apply because you committed fraud on your application and lease which is null and void"

she had no response after that. I don't know if what I said is technically true, but my question is, is the tenant in this situation trespassing and am I allowed to reclaim my apartment without the eviction process and remove her belongings if she is still there. 

Should I call the police and let them know what I'm doing?

Thanks for any help

[Natalie Schanne]

Frank Nguyen - I think you have a fair case for fraud and I would call the police to see if they can help you if she’s not gone by noon. Giving a bad check is a crime you can go to jail for. She’s trespassing if she doesn’t have a valid lease with you.

1. If the minor daughter signed the contract then it is voidable but not void. However!!! If there’s been no money given, there’s no consideration to make it a legally binding contract. If there was consideration (like a partial payment), then the minor has the option to uphold it. If the Mom forged the daughters signature it is void.

2. You’ve learned to take the first months rent in money orders or cashiers checks now, right?

3. Set up some surveillance and/or agree to compensate neighbors for eyes on the property - you don’t want her trashing your property on her way out.