Tenant Fraud, Eviction or Trespassing?

Question

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 thisme: 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

Frank Nguyen · Answer

Thank you all for your responses and advice. She tried buying more time by the days but I said no and she ended up leaving on her own.

George Skidis · Answer

Rule #1: Run a nationwide eviction, credit report, criminal history and address search.Rule #2: Make the applicant pay for it.Rule #3: Use Rent Perfect to screen your applicants.Rule #15: If possible go see where the applicant lives now. It says a lot.Members of Illinois REIA get lifetime access to Rent Perfect for a one time $0.95 verification charge.Our contact information is below.

Natalie Schanne · Answer

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.

Charlie MacPherson · Answer

@Frank Nguyen Wow - good for you! Don't forget to change the locks!

Charlie MacPherson · Answer

@Frank Nguyen I'd talk with an attorney ASAP. Ask him if there's a way that you can pursue criminal charges for passing a bad check and for forgery. If you can leverage those charges to get her out faster, I'd jump on it.

Nathan Gesner · Answer

It doesn't matter if you have a legal contract. It doesn't matter if the rent check bounced. Even a squatter has to be evicted through the court system.Keep doing what you are doing. It sounds as if she's willing to move out without you involving the court. Try limiting how much you communicate and certainly don't threaten or insult. Keep an eye on the property to ensure she's actually making progress. IF she gets out, count your lucky stars that you avoided a disaster.Learn how to screen. Simply comparing her application to a picture ID would have stopped this entire fiasco. Always verify identity then run the background screening.Always take first payments in certified funds. Cashiers check or money order.

Kyle J. · Answer

@Frank Nguyen You really should consult a landlord-tenant attorney in your area for advice on this situation. It’s highly unlikely the police will get involved based on what you described. (They wouldn’t in my state.) They’ll likely tell you it’s a civil matter as @Greg M. pointed out. In the future, never accept personal checks for payment of first months rent and deposit. It’s too easy for the check to bounce or the tenant to stop payment after move-in, and then the tenant has control of your property and you have none of their money, as you’re now finding out.

Greg M. · Answer

If she is a scammer, there is near zero probability that she will be moving out tomorrow. She found a sucker and she will drag this out as long as possible. If she is just a scumbag and clueless, there is a small chance that she will be moving out. Like it or not, unless Springfield, Illinois has extremely pro-landlord laws, she is likely a tenant and you will need to evict her if she won't leave. Assuming she is a legal tenant and I believe that is a fair assumption, then I'd pass on calling the police. They might view it as an illegal eviction and self-reporting illegal activities to law enforcement is never a good idea. Besides, even if they view this in your favor, they will likely tell you this is a civil matter. Best bet if she doesn't move out tomorrow, offer her some cash to leave. It'll be faster and cheaper than an eviction.

Mark H. · Answer

@Frank Nguyen You doged a bullet. Good luck on the next one.

Mark Fries · Answer

@Frank Nguyen You are screwed. You will need to evict... You accepted the money and you deposited it. At that moment she became a real tenant regardless of whether those checks were good or bad means nothing.