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AZLandlordThrowaway

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Posts: 1
Reply with quote  #1 

Part of my rental application was how many occupants, including minor children, were going to be living there. I've seen this included on multiple other rental applications with property management companies as well.

I have a new tenant in one of my rental properties. I drove by the week after move-in and noticed that she had three children living in the house (all under 18). I asked her about it directly and she said they were her children. I asked why she didn't disclose it on the rental application and she said she didn't think it was important.

There's a clause for surrendering security deposit and being subject to eviction if the application was willfully falsified. Is this a breach of the lease agreement, and can I confiscate the security deposit and proceed with eviction if I want to?

I'm aware of potential FHA / ARS 303-33 issues but this is an issue mostly because of the dishonestly demonstrated. Obviously from a practical standpoint income is more strained supporting children and children tend to damage property more, but this cannot be discriminated against. Wondering if there is any precedent or any other legal advice that can be provided, even if second-hand.

Thanks.

LLinVA

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Posts: 478
Reply with quote  #2 
Other than the application not being complete, is there any reason you wouldn't have approved her had you known she has kids? Do they exceed the occupancy of the unit?

Unless state law says otherwise, it does sound like you could take the entire security deposit and evict if you really wanted to. I wouldn't do it without consulting an attorney though. And I wouldn't tell her she's not getting her security deposit back until she is completely out and you have the keys, otherwise she could completely trash the place.
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