Eviction - Tenant Forged Documents

[AJ Cerbo]

Hey everyone -

Found out today my tenant faked their bank statements and employment. It was poor screening on my part (I used Zillow's rental manager, but didn't realize the income section wasn't verified). I'm in the process of filing an eviction, but I'm curious if there are larger legal implications here with them forging official documents like bank statements and lying about employment. I know after the eviction is approved they have another 5 days to vacate the property, but I'm concerned they'll trash the place after the judgement, and curious to see if I can get them out same day as the court hearing

[Account Closed]

Quote from @AJ Cerbo:

Hey everyone -

Found out today my tenant faked their bank statements and employment. It was poor screening on my part (I used Zillow's rental manager, but didn't realize the income section wasn't verified). I'm in the process of filing an eviction, but I'm curious if there are larger legal implications here with them forging official documents like bank statements and lying about employment. I know after the eviction is approved they have another 5 days to vacate the property, but I'm concerned they'll trash the place after the judgement, and curious to see if I can get them out same day as the court hearing

That's a really interesting question.

I was assisting as a "professional witness" (I have professional experience) in a disputed real estate transaction, in federal court.

The plaintiff was clearly scamming the investor. All the proof was there.

In court, at trial, the plaintiff reversed his testimony to the totally opposite story that he had maintained for 2 and a half years. The judge realized the falsehood right away and the court transcriber had an audible, uncontrollable gasp at the new assertion. It was clearly perjury.

I expected some kind of punishment for the plaintiff for lying in federal court.

After deciding for the defendant, the judge closed out the case.

There was no comment from the judge on the obvious perjury and there was no referral to criminal investigation, it was just . . . dropped. Never to be discussed again. I was shocked. When I asked a different federal judge about the matter, he simply stated "everybody lies in court". I was just left stunned.

So, is it illegal to forge official documents. Yes. Will it wind up as a criminal investigation? Only if a prosecutor takes an interest in the case.

From this position, I see that when defaults on mortgages pick up, someone will decide they can get a promotion and good press for the department by chasing forgery, bank fraud, wire fraud, Consumer Protection Act, financial schemes.

But going after someone for lying to a landlord to get a rental: do this, take a fly fishing rod and go fly fishing for the weekend and forget about it. It ain't gonna happen.