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VAMountains · Oct 17, 2010, 03:45 PM

I live in VA. I had a realtor handle the rental application and years lease. This is my first rental. The check that was received for deposit and first months rent bounced and the tenant continued to have excuses getting the money to me. I asked the realtor for a copy of the contract and realized that the information and credit report was not verified prior to him moving in. The social security number on the application was not the actual social security number for the applicant. I told the renter that I was going to refuse any money offered and would start eviction because he signed that the application he signed stated that all information was accurate and truthful; and he had breached the contract. He has since signed a lease cancellation agreement to move out by 4:00pm on a certain date (less than 30 days) but he is the one that decided upon the date. What can I do if he decides not to move out--can I change the locks? I have not accepted any money from him.

cdad · Oct 17, 2010, 05:47 PM

So really your just asking the person to leave and not trying to seek damages for breaking the lease?

If that is the case even with that in hand Id take it to court even now. The problem being is that if for some reason the document you both signed / agreed to is made illegal it will give them more time.

Best to have your lawyer push this one through regardless of what you have in hand. So long as they occupy the space you can't just change the locks without legal eviction first.

ballengerb1 · Oct 17, 2010, 05:56 PM

I would run this by your lawyer, I do not think you have a contract to break. The renter signed with fraudulent information and I think this makes the contract void, not legally binding. I'd turn up the heat by calling th epolice and report that you found someone using a fake SS#

ScottGem · Oct 17, 2010, 06:01 PM

I would not stop eviction proceedings. I believe VA has a 3 day pay or quit notice requirement. If you haven't served him with the first step of the eviction process do so tomorrow. Continue with the process until he has vacated. If he vacates before the process is completed, fine. Otherwise you don't want to have to start when he fails to vacate.

And no, you cannot change the locks. That is an illegal eviction.

Fr_Chuck · Oct 17, 2010, 06:37 PM

I agree with Scott I would continue eviction proceeding, if they don't move you have lost a lot of time, and many crooks know how to push living in a place free for months.

Also you have the issue of a bad check which is a criminal issue