 Cancellation of lease (by Suzie [NJ]) Dec 11, 2017 6:30 PM
 Cancellation of lease (by Stephen [ON]) Dec 11, 2017 6:37 PM
Cancellation of lease (by GKARL [PA]) Dec 11, 2017 6:42 PM
Cancellation of lease (by Plenty [MO]) Dec 11, 2017 6:50 PM
Cancellation of lease (by Kyle [IN]) Dec 11, 2017 7:26 PM
Cancellation of lease (by Suzie [NJ]) Dec 11, 2017 7:27 PM
Cancellation of lease (by Barb [MO]) Dec 11, 2017 7:33 PM
Cancellation of lease (by Don [PA]) Dec 11, 2017 8:16 PM
Cancellation of lease (by Suzie [NJ]) Dec 11, 2017 10:14 PM
Cancellation of lease (by NC INVESTOR [NC]) Dec 11, 2017 10:40 PM
Cancellation of lease (by Ken [NY]) Dec 12, 2017 4:39 AM
Cancellation of lease (by Tony [NJ]) Dec 12, 2017 4:41 AM
Cancellation of lease (by Tony [NJ]) Dec 12, 2017 4:50 AM
Cancellation of lease (by Doogie [KS]) Dec 12, 2017 5:14 AM
Cancellation of lease (by RB [MI]) Dec 12, 2017 5:24 AM
Cancellation of lease (by S i d [MO]) Dec 12, 2017 5:27 AM
Cancellation of lease (by Vee [OH]) Dec 12, 2017 7:30 AM
Cancellation of lease (by CJ [MO]) Dec 12, 2017 9:12 AM
Cancellation of lease (by Ray-N-Pa [PA]) Dec 15, 2017 5:02 AM
Cancellation of lease (by Suzie [NJ]) Posted on: Dec 11, 2017 6:30 PM
Message:
I have a signed lease with a tenant but before I let her move in I checked her rental record and found 19 evictions of which she filled an application stating that she had never been evicted. She misrepresented her application by lying to get the apartment. I gave her a letter with a copy of her eviction record and her deposit back and cancelled the lease. She says she will sue me for not giving her the apartment for checking her record after the fact. Remember she never moved in as yet when I cancelled the agreement. Any feedback will be appreciated. --172.58.xxx.xx |
Cancellation of lease (by Stephen [ON]) Posted on: Dec 11, 2017 6:37 PM
Message:
As a practical matter the costs of becoming her 20th eviction case are likely higher than the costs of becoming the defendant of her mythical lawsuit. What are her claimed damages? How will she finance this lawsuit? Which lawyer will take on this noble cause? I may be wrong but on a relative risk basis I prefer your chosen course of not letting her in and avoiding yet another eviction even at the cost of some risk of being sued. Isn't there something called fraudulent misrepresentation? Sounds awfully like her stating she has no evictions when in fact she has 19 going on 20. --76.69.xx.xxx |
Cancellation of lease (by GKARL [PA]) Posted on: Dec 11, 2017 6:42 PM
Message:
Let her sue. I agree with Stephen--that dog won't hunt. She strikes me as frustrated. She's probably be turned down repeatedly. --208.54.xx.xxx |
Cancellation of lease (by Plenty [MO]) Posted on: Dec 11, 2017 6:50 PM
Message:
Well you did and said what u said... Just curious did u give her keys? --66.87.xx.xxx |
Cancellation of lease (by Kyle [IN]) Posted on: Dec 11, 2017 7:26 PM
Message:
My lease has a clause referencing misrepresentation and/or fraud on the application as breach of lease. Does yours have a similar clause?
I don't think she has a case against you. She provided a fraudulent rental application and when you found out, you cancelled the lease and returned the deposit.
It is unlikely she will even try to sue. I doubt any attorney would be interested in representing her in this claim.
Of course, you have also learned a valuable lesson from this that you need to make sure you do all your screening before you approve a new tenant and sign the lease with them. --73.102.xxx.xx |
Cancellation of lease (by Suzie [NJ]) Posted on: Dec 11, 2017 7:27 PM
Message:
I did not give her any keys and did not let her move in. I cancelled the agreement as soon as I found 19 evictions and gave her money back. I don't think any savy landlord will give her an apartment with that record.
Thank you guys for the input, really appreciate that. --172.58.xxx.xx |
Cancellation of lease (by Barb [MO]) Posted on: Dec 11, 2017 7:33 PM
Message:
Make sure you keep that application where she was untruthful.
Even if she does decide to sue (because anyone can file a lawsuit in small claims court), I would love to know what her grounds are? Because you caught her, and returned her money? How is she really out any cash?
She is out your place to live - and would have likely racked up her 20th eviction!
Sounds like she needs a boarding house, where she can be locked out under hotel rules. --64.251.xxx.xxx |
Cancellation of lease (by Don [PA]) Posted on: Dec 11, 2017 8:16 PM
Message:
Check what you have to check BEFORE you sign the lease. Your saving grace is that she lied on the application. --73.141.xxx.xxx |
Cancellation of lease (by Suzie [NJ]) Posted on: Dec 11, 2017 10:14 PM
Message:
Thank you all for your valuable responses --172.58.xxx.xx |
Cancellation of lease (by NC INVESTOR [NC]) Posted on: Dec 11, 2017 10:40 PM
Message:
Lying by omission on an application is considered fraud in many states. At a minimum it is cause for immediate termination of a lease.
However, your application should include the clause just above their signature that the information they are providing is true and that they understand that providing incorrect or misleading information is grounds for termination. This should also be included in your lease as a CYA since there are times when some things do not show up.
The prospective tenant was right. You need to complete the screening process before executing a lease. hopefully you refunded her money minus the app fee and OOP expenses.
--71.75.xx.xx |
Cancellation of lease (by Ken [NY]) Posted on: Dec 12, 2017 4:39 AM
Message:
I would rather defend against a law suit than be on the other end of it and be doing her next eviction.She can't show any loss so I don't see how she can win,if she sued me I would counter sue for lost rent and advertising fees --72.231.xxx.xxx |
Cancellation of lease (by Tony [NJ]) Posted on: Dec 12, 2017 4:41 AM
Message:
This is state sensitive. Not giving her the keys is big here and I think you are okay. But you should check with an attorney to be absolutely certain. By the way you can get some eviction/civil/criminal info for free at a NJ Courts website. In the post after this I will copy / paste it but it might night get posted. Good luck. --73.195.xxx.xxx |
Cancellation of lease (by Tony [NJ]) Posted on: Dec 12, 2017 4:50 AM
Message:
www judiciary state nj us/ I took the periods out --73.195.xxx.xxx |
Cancellation of lease (by Doogie [KS]) Posted on: Dec 12, 2017 5:14 AM
Message:
You dodged a huge bullet there for sure! I would rather defend that lawsuit than have her in a property.
As for the threat of a lawsuit, I wouldn't worry until she actually files it. I've been threatened to be sued so many times it's ridiculous. I just tell them it's fine, but since you are threatening lawsuit I will not communicate any further. You will need to contact my lawyer for anything in the future. I have never heard from anyone after making that statement nor have I ever been sued. --98.175.xxx.xxx |
Cancellation of lease (by RB [MI]) Posted on: Dec 12, 2017 5:24 AM
Message:
Nice Job !
Screen x3 (effort)
Her threats are going nowhere.
Don't add to Her Drama.
Move Forward. --71.13.xx.xxx |
Cancellation of lease (by S i d [MO]) Posted on: Dec 12, 2017 5:27 AM
Message:
She and others like her threaten lawsuits because that's what they see on TV and in movies. 99.99% of the time it's bunk.
That said, you DID sign a binding contract with her and consideration was exchanged, so if she wanted to cause you trouble (again, highly doubtful) she might have an argument and could at least make you rack up some legal bills to defend yourself. I could see her clamining that you approved her IN SPITE OF her evictions since nothing on your application says eviction is grounds for instant denial. She could claim you actually did find that information and then and chose to ignore for whatever reason. Tread carefully in the future and do not make a habit of this. First, it's sloppy land lording that wastes your time. Second, I could see it leading you to miss something important down the road.
As others have said, the time to check eviction is BEFORE...not after. As a practical matter, that should be your first step as it is the most easy to weed out and deny a poor applicant.
Side note: I have a written "two strikes and you're out" policy regarding evictions. ONE eviction that is more than 5 years old and where the old land lord's judgment has been fully paid off, I will consider if everything else is GLOWING. I have yet to find anyone with an eviction that passes this. Most of them just screw their land lord and leave the eviction on the books. Instant DQ. The benefit of having a written policy like this is if we ever ended up in court I have a rock solid policy showing that backs up my claim we didn't know the whole story due to tenant's lies. --173.19.xx.xxx |
Cancellation of lease (by Vee [OH]) Posted on: Dec 12, 2017 7:30 AM
Message:
I think you are lucky, time to sharpen your business policy, review applications before getting a blank lease in front of you, as nearly all the others pointed out it is very cost effective to have an empty unit rather than trying to recover from months of damages along with the saga of eviction fees. Take time to visit housing court and observe your next applicants explain things to the judge - use your own BS detector and then see what the judge says, you saved yourself hearing months of that bulloney. --76.188.xxx.xx |
Cancellation of lease (by CJ [MO]) Posted on: Dec 12, 2017 9:12 AM
Message:
They do not have reason to sue you now. They will find many things to sue you if they move in. --97.91.xxx.xxx |
Cancellation of lease (by Ray-N-Pa [PA]) Posted on: Dec 15, 2017 5:02 AM
Message:
There is a teaching moment that can be found here. What can be improved in your process? --24.101.xxx.xxx |
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