Tenant Can't Pay at Start of Lease - Is Contract Void? (apartment, eviction)
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Hello,
I have a tenant that can not come up with the money to pay their rent or deposit at the start of the lease. It looks like they recently incurred a lot of expenses and have no emergency savings. The tenants want to move in but don't have the money to do so right now. The lease has already started over 5 days ago but we have received no payment. Tenants want to move in but can't make the payment. They are not yet in the house due to non payment. Is the lease void due to them not having taken possession, or do we need to follow normal eviction procedures even though the tenants have not moved in?
Yes,
We ran credit which was ok, and talked to previous landlord who gave a good recommendation. We actually never even received the deposit. We haven't received any money yet. We would prefer to get out of this contract but just want to make sure that we don't get sued for breaching a contract since they still want to move in and did sign the lease. They keep telling us that they will be able to come up with the money for rent.
So does the fact that they haven't paid make their contract void?
heck yeah it's void! No rent? no deposit? No deal.
In the future do not have them sign the lease until they bring you the deposit in CASH and be sure that you have a policy wherein the rent must be paid at least by the day before move in. No exceptions.
Hello,
I have a tenant that can not come up with the money to pay their rent or deposit at the start of the lease. It looks like they recently incurred a lot of expenses and have no emergency savings. The tenants want to move in but don't have the money to do so right now. The lease has already started over 5 days ago but we have received no payment. Tenants want to move in but can't make the payment. They are not yet in the house due to non payment. Is the lease void due to them not having taken possession, or do we need to follow normal eviction procedures even though the tenants have not moved in?
No eviction needed. Start advertising ASAP and consider your self lucky although you lost time and money...it could be worse.
they broke the contract by not paying rent and deposit. You did not allow them to move in because they broke the contract.
You have a unique situation and need to CYA. I suggest you go to a forum that has many, many long term landlords that post there often. ask your questions there. they will have great advice on the legal way to handle this.
the site is www mrlandlord com (<--place . in the spaces) Anyway, the site is confusing at first. The forum is hidden in the area that says "ask a questions" or "q and a by state" or something like that.
You dont need to sign up to ask a question (I dont think). There are many very good Q and A on there to read as well.
The site is only for landlords. If you are a tenant and post they will let you have it. Many of the landlords have many properties and some only have a a few. they share good info on the site.
Thanks for the comments. I agree that the contract is void, I just want to protect the owner from lawsuits in case the tenants claim that they were treated unfairly and not allowed to move in. I definitely want to CYA. I will go to the site that you mentioned sware to cod and probably need to contact a lawyer. If anyone has any specific legal information about why this contract would be void that would help immensely.
Thank you KonaKat for the suggestion to always collect cash upon signing of lease.
If anyone has any specific legal information about why this contract would be void that would help immensely.
For "specific legal information" you go find a lawyer.
Quote:
Security Deposit. Prior to moving into the Apartment, the Tenant is responsible for depositing $ Insert Amount as a Security Deposit with the Landlord. This Security Deposit is security that the Tenant will comply with all the terms of this Lease. This Security Deposit may not be used to pay the last month’s rent without the Landlord’s prior written consent.
Without that money being paid there is NO contract to honor.
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