>>>>>>>>>If she gave you an incorrect name, then, could she be guilty of some form of fraud?>>>>>Didn’t your credit application have a statement that all of the information provided was true and correct to the best of the applicant’s knowledge?>>>>>>
Yes it did.
>>>>>>>>>If so, then she lied on the application. My application states that if I find out that they lied on something that was pertinent to the lease agreement, it is reason for immediate termination of the lease and they would be subject to eviction. My lease agreement also states that if anything materially changes on the application that they are to notify me within 10 days of the change.>>>>>>>>
The lease has already been violated by the nonpayment of rent. They will be evicted one way or another…I just want to make sure the process is a smooth as I can make it.
>>>>>>>>>I would strongly advise you to get the help of an attorney. Your rent free tenants are obviously not taking you serious.>>>>>>>>>>>>
I believe they are taking me seriously. I am waiting to see if they respond to the summons and what they say in the response before I decide to hire help or not.
I have a tenant and his wife that is now 2 months behind on the rent and it became obvious they would not get caught up.
After they were served the husband called me. He was likely drunk. He argued over the phone that the notice was invalid because the wife had a different last name.
The thing is, she signed all the documents with his last name…the credit app, the lease, and that is what she went by during entire period of the lease.
They are being very careful to keep her true last name from me.
My concerns are that if I get a judgment rewarded, the sheriff might not evict her when she shows them ID with a different last name. I have heard stories of when the sheriff comes across a situation like this…they let the tenant stay and tell the landlord that its a civil matter. Is there anyway to ensure this isn’t the case?
In the future I will check and/or photocopy picture IDS.
Posted by Chi Ming on August 01, 2009 at 18:59:30:
When you file eviction, if you know of other people living at the property whose names you do not have, you can enter into the complaint “Jane Doe” or “John Doe”. In this case you would likely include the wife as “Jane Doe who signed the lease as …” indicating that you know its not her name but that she physically signed the lease.
I am surprised this did not come up when you pulled credit. After all, if the SSN and DOB matched, the other names should have come up in the credit report. if you have a signed authorization to pull credit, and have not done so, do it now on the wife and husband. Alternate names are often listed in the reports that include convictions and so on.
Posted by River City on July 13, 2009 at 12:22:40:
If she gave you an incorrect name, then, could she be guilty of some form of fraud? Didn’t your credit application have a statement that all of the information provided was true and correct to the best of the applicant’s knowledge? If so, then she lied on the application. My application states that if I find out that they lied on something that was pertinent to the lease agreement, it is reason for immediate termination of the lease and they would be subject to eviction. My lease agreement also states that if anything materially changes on the application that they are to notify me within 10 days of the change.
I would strongly advise you to get the help of an attorney. Your rent free tenants are obviously not taking you serious.