Legal Question in Civil Litigation in California

Can I evict my tenant for 1) not paying rent on time, 2) giving me fake paychecks with his rental application, and 3) making partial deposits of the rent into my bank account, although I have explicitly noticed him not to do this?

Based on copies of pay checks for 3 months showing decent steady income working in an agency, I agreed to rent my house to a guy who signed a one-year residential lease. Based on the lease, the rent is due in full on the 3rd of each month and on the 7th day, late fee applies. The guy asked me to give him my account number so that he can make direct deposits of the rent into my account on time. He did not pay the rent till 12th of this month saying that IRS has frozen his account because he still shares the same account with his ex-wife who did not pay her taxes. I served a 3 Day Notice to Pay Rent or Quit on him. Next day, he deposited a portion of the rent into my bank account and informed me that I had accepted the partial payment. I noticed him in writing that he should not make partial deposits of the rent into my account. Next day, he ignored my written notice and deposited a small amount of the rent into my account. I noticed him again. The next day, he made another small deposit into my account. To this day, he has not paid the rent in full. Since I suspected that he might have lost his job, based on the address on his pay checks, I drove to the company that he said he was working. They informed me that this guy has never worked there and the paychecks I showed them were fake pay checks.

Thank you so much for your help as I am a single mother and without getting the rent I may not be able to pay the mortgage of the rental property.


Asked on 4/19/13, 12:08 pm

1 Answer from Attorneys

You absolutely can evict him for fraud in the application process.

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Answered on 4/21/13, 10:46 pm


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