All Topics / Legal & Accounting / Tenant lied on application

Viewing 13 posts - 1 through 13 (of 13 total)
  • Profile photo of carlos9132carlos9132
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    @carlos9132
    Join Date: 2007
    Post Count: 4

    I received an offer from a prospective tenant to pay an entire year’s lease up front. This seemed like a good offer to me, so I had basically decided I would rent to this tenant (before I had checked her background). I was, however, uncomfortable with the fact that she was unable to provide proof of income/employment, but dismissed this as she “claimed” to be a self-employed model.

    As I started checking into her background, however, it seems that she falsely represented her occupation on the application. On her application, she stated she is a model…however after digging deeper, I discovered that she is actually an exotic dancer.

    I don’t feel entirely comfortable renting to her based on this new information. Not only did she fail to disclose her true occupation, but I’m concerned about the type of personal lifestyle she might lead and what might occur in the confines my property.

    Based on the above, what would you advise? Should the fact that she wants to pay the whole year in advance be enough to counter my concerns that she lied about her occupation? Assuming her credit report is okay, is my discomfort with the entire situation grounds to deny her application? …Or am I being discriminatory?

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Maybe she was just embarrassed to tell you she was a stripper. If you have landlord’s insurance, then what could go wrong. Getting the rent up from would be great for you to dump into the offset account against your home loan, but it may also mean you have a higher than usual income for this financial year followed by a lower income next.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of millionsmillions
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    @millions
    Join Date: 2005
    Post Count: 355

    I had applicants that lied on their application. They kept telling me they had two little fluffy dogs as pets (which were really StaffyxBoxers). The Male applicant told me he half owned a unit with his mum where he previously rented (when I spoke to her she said she owned it solely) His girlfriend said she worked in her current occupation for 6 months when it was only 3. Every other reference stacked up really well though. Other than the lies they both had good references from their employers. To cut a long story short they moved into my IP for 1 day, then moved out again. (they must have gotten a better offer from another house they applied for). They took us to court and told the judge our house wasn’t liveable. Also said we didn’t give them their bond back. (We had the bank receipt which we could prove we had). It taught me a big lesson. Listen to you instincts. Your usally right. A better tenant will apply next week. I could tell you another story about an applicant that lied that is a beauty also. A couple of things the applicants said didn’t match up. When I researched further found they had been evicted from residence and living with friends. (But on their application put the friends name as their current landlord) When I questioned the lady if she’d made an error who her landlord was she said, “I’m on my mobile and driving so I’ve got to go” and I never heard from her again. I wouldn’t touch it…. Regards, Linda

    Profile photo of tammytammy
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    @tammy
    Join Date: 2005
    Post Count: 155

    Dont confuse a moral issue with a financial one. If this lady is a good tennant and is willing to pay her rent 12 months in advance and has had a good rental record, and you didnt know her occupation – would there be an issue. Perhaps her nondisclosure was due to being rejected by other prospective landlords. Now I am not saying lease it to her, you alone have to feel comfortable with that, I am just suggesting that everyone had their own story and perhaps you should not judge too quickly.

    T

    Profile photo of demkeldemkel
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    @demkel
    Join Date: 2006
    Post Count: 49

    Hi Carlos

    Go with your instincts. If you don’t feel good about it now, chances are it will only get worse.

    I suggest you decline the application. Thats why they make applications. You have a choice. Don’t worry about the agent, they can find you another tenant you will be happy with. It’s not ALL about money. You have to be happy too.

    Regards

    Demkel

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    Really, what can go wrong? If you have landlords insurance and 12 months in advance.

    But she may ask for some of those chrome poles to be installed.

    Terryw
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of PursefattenerPursefattener
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    @pursefattener
    Join Date: 2004
    Post Count: 217

    Nice one Terry…..

    I had a tenant pay eight months rent in advance last year and she was a good tenant all round . This was her dicision to pay the money up front . After the eight months I had to chase her for the rent but there was no great drama etc etc .

    What I did learn is that there is a subtle hint there that they cannot manage their money well .

    I agree with Terry though….. sounds OK……………

    Profile photo of HookhamCHookhamC
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    @hookhamc
    Join Date: 2007
    Post Count: 83

    Get over it people! So what if she is a stripper!
    She would earn enough money to cover her bills and only would have lied to you because of what you might think.
    Do you propose that she live in a tent?

    Its up to you in the end but I can not see your problem as people lie on applications all the time. Have you never told a little white one yourself?

    [chill]

    Profile photo of timothy_us8timothy_us8
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    @timothy_us8
    Join Date: 2007
    Post Count: 10

    This is ABSOLUTELY discrimination! You’re discriminating based on employment and that is TOTALLY ILLEGAL!

    What if she was a sewer worker? Would you say no because you’d worry that your house would get too smelly? For such people you could have got a legal Residential Lease Agreement form filled. I’ve got my form for my tenants from ezlandlordforms.com. You can also download the forms.

    And-as for her not being honest-most exotic dancers are also models-so she’s really not telling a lie.

    Profile photo of LindaClaridgeLindaClaridge
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    @lindaclaridge
    Join Date: 2003
    Post Count: 16

    I think in this circumstance the tenant may have mislead you about her occupation so you wouldn't discriminate against her – she may also do some modelling so this isn't exactly lying.

    I had an experience this year when I was evicted by my landlord after demanding she fix the stove – under emergency repair provisions – if we wanted to stay we could have taken her to small claims but decided to move on because she had breached the tenancy agreement numerous times over our tenancy (around 9 years). Then when we started looking for another property she told prospective real estate agents that we had vandalised the property – we phoned the RTA and were basically advised to lie about where we had been living for the past 9 years as there was nothing they could do about the situation.

    Perhaps your potential applicant has been discriminated against previously because of her occupation and was given similar advice.

    However, it is your property and you have to feel comfortable about the person you're renting it out to. What main concerns are you worried about with her personal lifestyle in your home?

    Linda

    Profile photo of raddlesraddles
    Member
    @raddles
    Join Date: 2006
    Post Count: 187

    Hi there
    I happen to know another property investor who used to rent his property – to what turned out to be a brothel – they actually were the best tenants he ever had – always paid the rent on time and kept the property immaculate
    thanks

    Profile photo of mum2fivemum2five
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    @mum2five
    Join Date: 2007
    Post Count: 69

    I would just assume she fibbed so as not to be discriminated against, chances are she is also a model but makes most of her money dancing, dancing, modelling, she could have said either.
    The fact is she will likely be working nights, not partying all night long and likely earns a great income which to me says a big yes! Nothing worse than tenants who don't pay and she is paying 1 yr up front!

    Profile photo of 99chris9999chris99
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    @99chris99
    Join Date: 2007
    Post Count: 24

    Hi
     I smell a little bit of discrimination, however I can understand your reason for being cautious. Yes, she lied. So you must be asking yourself what else she has lied about. However I think she can't really be blamed.  I think that she realises that telling a landlord straight up about her job will cause unneccesary concern. And I think this is probably her only lie. Girls in this job can earn quite good money, and I don't believe their job impacts on their lifestyle. They do it to earn a living!

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