Tentant Applications, or When Good People Use Bad Form

by admin on November 11, 2011 · 0 comments

Problem: What happens when after Tenant A harasses Tenant B, you find out that your tenant A has a violent criminal history?

Correct Answer: Clearly the applicant lied on your tenancy application, and lying on your tenancy application is a default under the lease. You may immediately file an action for eviction.

Unfortunate Answer: Your application did not ask about criminal history and your leases assumes it did. Therefore only subsequent crimes are lease violations. You may file for eviction based upon Tenant A harassing Tenant B, but you will need to rely on Tenant B coming to court and testifying against Tenant A.

Lesson: Make sure your have quality forms. It is not hard to do. You can either have a competent landlord tenant assist you in preparing them or you can get them from your local apartment association, such as the Triangle Apartment Association.

What should your tenancy application include:

1) Clearly from this lesson a representation that the tenant has no significant criminal history?

2) Permission to perform a criminal record search on the applicant.

3) Permission to perform a credit report?

4) Current job and salary

5) List of all occupants.

6)A list of previous addresses for the past several years
8) A statement that any false statement on the application will be grounds for eviction?
9) A signature verifying all of the above.

10) Your application fee. Going through all this work costs time and money!

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