Can my leasing agency take any action if written income verification is not provided after being approved and moving into an apartment?

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Can my leasing agency take any action if written income verification is not provided after being approved and moving into an apartment?

There is nothing mentioned in the lease about this but the leasing agent is persistent in having official income verification. I’ve only just started my job and don’t yet have a pay stub. We have moved from out of state; this is not an issue there. Can they do anything as long as we are making the monthly payments and with no other issues?

Asked on May 26, 2012 under Real Estate Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a lease has been signed, as long as you are honoring all of your obligations under the lease (including especially paying rent) and are not threatening/injuring the premises or the landlord/rental agent's staff, there should not be grounds to evict you. The one exception would be if the lease itself stated that tenants may be evicted if they do not (accurately and truthfully) complete all required documentation--then you could potentially be evicted for what has become a violation or breach of the lease.

Or if you represented that your income was $X and it later is discovered that your income is some significant or material amount less than $X, the lease could be voided for material misrepresentation.

If there is no signed written lease, you are a month-to-month tenant on an oral lease; in that case, you could potentially be given 30 days notice terminating your tenancy, if the leasing agent decides it does not want you as a tenant. In that event, you  would have to move out or face eviction.


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