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shhweetP | Then tenant signed a lease to rent our home on 1/13/07. When we cashed the depoist check? |
it BOUNCED. We gave him the keys already on the 13th since the home is in TN and we live in VA. We've given him over a week to get us a new deposit check, but we haven't gotten it.
Is the lease good or is it considered canceled since we have no deposit ?
We've called him, and emailed but he will not return our call.
If he has any personal property in the home can we set it out?
Additional Details
He's not to start living in the home until FEB. 1st |
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Nancy S.
 |
He has broken the terms of the lease. Since you are in VA and the property is in TN you will have to follow TN landlord laws. In most states, the tenant has 5 days from the first to pay the rent (plus bad check fee) you must send a letter certified to him (or if you have a property manager- hand deliver and him sign it).
Since he signed the lease, he is responsible for the rent until you find another tenant (usually 3 months) unless the lease is a month to month in which case he will owe the current month and a portion of the next month.
Look I would advise you to contact an attorney or the local city court in TN file an eviction notice and try to re-lease the place. It may take up to 3 months to evict the deadbeat so I would get started immediately.
Next time get a good property manager. It is worth the 10% fee (10% of the rent) just to avoid these hassles. |
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jerryecanning
 |
everything everbody else said but also if he knowingly gave you a bad check then he may have committed a crime , |
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kute_regina_gal
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im not sure as i do not know the laws on this in the us. but i would talk to a lawyer for clarification on what u as landlords can do. |
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bostonianinmo
|
He's already in default. But you're in a grey area here as his lease doesn't start until Feb 1st BUT you have already given him the keys so he's already taken possession.
Personally, I'd consider the contract void and change the locks. (The consideration in the contract is missing since the check bounced. The bounced check also seriously taints his promise of future rent payments.) If he was already in the house that would be illegal but since he's not supposed to be there until Feb 1st he's technically trespassing now and doesn't have a valid lease to fall back on.
Best bet would be to consult with an attorney with expertise in TN landlord - tenant law. If you break the law yourself, you could be in a very dark and smelly place if you catch my drift.
Once you've cleared up this mess, do yourself a BIG favor and get a property manager to handle your rental for you. As you're quickly learning, being an absentee landlord is HELL. The PM's 10% cut is worth every penny to not have to worry about dirt-bag tenants like that! |
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Matlock
|
A lease, once signed, is valid. Though your check bounced, valuable consideration was recieved when he took possession and you were assured of future payments. The lease is valid. If the lease goes for more than one year, it needs to be recorded in the probate court records for that county.
If he, in fact, will not pay, will not get you a new deposit. Begin Eviction immediately. Do NOT give him more time. Remember: No good deed goes unpunished under the law. Your good nature will not only cost you money but will give him free living time.
DO NOT resort to self help. You must contact an attorney(or file yourself in court) and begin the eviction process. If you evict him "yourself" without a court order, you could be sued and you will loose. Then, not only will the tenant get a free place to live, you now owe him money. Your best bet is to file a police report AND PRESS charges for him writing a bad check. Then, leave the police station and go down to the courthouse and file an unlawful detainer action to have him evicted. (Cost is low and usually very quick 7 to 14 days max). Don't act without the court order. You may take possession if he has abandon the property and the lease says you can. Don't change the locks, turn any utilities off or anything of that nature, that is self-help, and you can't do it. |
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mighty_whitey
 |
The laws vary from state to state, but here in California you'd give him a 3 day Notice to Perform. Have someone tape it to the front door, and mail the tenent a copy. If he doesn't respond, start eviction proceedings. The lease is not valid. No, you can't sell his stuff unless he abandons it and even then you have to hold on to it for a period of time determined by the state or county, and give him an opportunity to make good on the check and retrieve his stuff. |
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AlternaGay
 |
Not sure about TN law, but here in Cali you'd serve him with a 3 day Pay or Quit. www.ExpressEvictions.com is a good site to download the proper forms & look up reality law (and it's FREE w00t)
On a side note: DO NOT CHANGE THE LOCKS! Doing so is called a "Lock Out" & he would legally be able to sue you for $100+ PER DAY for each day he is locked out of the house.
I would also contact the local (local to him) district attorney. Writing a check with the intent to defraud is a crime & can get him prison time.
[EDIT]
I noticed you added that he's not supposed to move in until Feb 1 - you may be able to change the locks if the lease does not go into effect until Feb 1, but it is a major gray area. At this point I recommend seeking out a lawyer that will give you some free advise before you end up getting in over your head ;-)
[/EDIT] |
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Altair
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If the tenant is not abidding by his lease it is then nolan void. As long as you keep all of the proper paperwork you can give him an eviction notice, usually 30 days to vacate but depends in some cities. Then if he doesn't abide by the notice you can remove his belongings and re-rent. |
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Mom madness
 |
In the lease what does is state regarding payment and cancellation of void of lease???? |
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AA
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its no good....for a contract to be valid, money has to change hands, wow...come to think of it...you better contact a lawyer ASAP |
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NONAME
|
He's already in default of your agreement. I'd get the locks changed asap, and bar him from the place until you get paid.
If he doesn't pay up quickly, go to court and evict him, and i'd threaten a criminal fraud charge too.
Next time, at least for your deposit, you might consider requiring a cashier's check, or wait to give keys until the check has cleared.
Good luck. |
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