With a state-wide No Eviction policy, what do we do for fraudulent money orders?

I need some advice. We rented to a girl last week and she brought the total funds in money orders, signed the lease and gave her keys. 2 days later the bank informed us that the money orders were fraudulent. We reached out to her and she paid online through the tenant portal and 2 days later got informed that the bank account she was using was a closed account. I informed her we would be filing a police report for the money orders if it wasn't paid today. I have heard nothing from her and at this point I highly doubt I will. My problem is we are on a state wide NO Eviction policy right now so what do I do? Thanks for any advice on this.

I think you can file an eviction there just won't be a court date. Depends on what city you are in. Austin now has a 60 day grace period so in my case there would be nothing I could do for 60 days.

Its fraud, you can contact the police.

I would also consult with your attorney. I feel like t there may be a legal way out of the lease with this resident that does not involve eviction.

Kris Von it is. The lease is void if they have defrauded you. It should be in your application agreement and your lease.

Jesse Landin yes but you still have to get her out, which involves the courts.

She never paid which is what gets the hole ball rolling. If she never paid, everything should be null and void. Switch the locks. That would be my GUESS but obviously consult your attorney

Sarah Trefz Watson not if she gets arrested. ????????

Sarah Trefz Watson yes, unless she agrees to just leave which is unlikely

I’ve had this happen before too ???? Contact the police and definitely file the fraud charges. And consult with legal.

Yea 20 yrs in the industry and Ive never had this happen. The money orders looked totally legit.

Jenn Cove our company stopped taking money orders 2 years ago and cashiers checks 1 year ago because of fraud.

Contact an attorney!

Contact your local landlord tenant attorney - they will know the perameters of the law. Also contact the Police and make a report against this person right away.

This is a federal crime. She CAN be evicted

Just not a factual statement...

Stacey Wilson Agreed. Take a look at the NMHC guidance. You can still evict for criminal behavior.

i would place a report with the police that fraud and possible robbery of money orders

I had someone before who altered a driver’s license and used someone else’s name and SSN. We signed the lease, they moved in, and everyone in the building kept saying how sketchy this person was. I looked into it, found out it was bogus, filed a police report and had my constable give them a 7 day notice to vacate for falsifying an application and stated that if they don’t move out we’d press charges. They ran with their tail between their legs and never looked back. Out in 3 days ????

She wins. However it's a criminal issue. Turn her over to police

Wow how horrible!

Reach out to your atty.

I would have called the cops after the fraudulent money orders

Are you able to still start the process via e-file? We can here in Alabama, there are just no set out evictions or court hearings. But you should still be able to get the ball rolling for criminal activity which is not protected under the new orders due to the outbreak.

Uttering with fraudulent funds and bank accounts are criminal.... you need to call police and make the report . It documents the fraud for when you can file

Our property only accepts Cashiers checks. I highly suggest that you stop accepting money orders going forward. You can get money orders anywhere and the chances of them being fake is high. I suggest talking to your legal department. The no evictions is based on COVID related circumstances affecting their abilities to pay rent and that's with an approved rent deferral. You can still do normal processes. The courts are closed in my state location so that means the eviction would just sit in queue until the courts reopen.

First, so sorry that happened to you and to your property! Second, my state (SC) allows termination for other than non payment (think violations). So if your state does as well, think criminal activity (I.e., fraud). Speak to the police and see if they will take a report and charge the individual. Unfortunately I have had to do this before. This may work especially if her signature is on the money orders. With that, you may be able to move ahead for a lease violation eviction. Best of luck and hang in there!