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Old 03-04-2009, 10:35 PM
 
2 posts, read 4,794 times
Reputation: 10
Post i am a landlord and i signed lease with no money

i am a landlord in texas and i signed a lease with a prospect and he promised to pay me in 2 weeks rent and deposit, and he never moved in and never showed up with the money,but it has been over 45 days and every other day he calls me and tells me he is not in town and his brother lives over here and he will be sending the money next week, i have another person who wants to sign a lease for the apartment, i send him notice via fed ex that if he does not pay me withing 3 days of receiving this notice than lease is null and void but i got it back because the address was wrong the one i got from his driver lic, can i go ahead and sign a lease with another tenant or what other option do i have and is this lease i signed valid when no money changed hands and no money has been received by me. thanks
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Old 03-05-2009, 01:29 AM
 
Location: Apple Valley Calif
7,377 posts, read 11,499,881 times
Reputation: 4956
You are far to patient. YOu have no deposit, you waited too long already. Promices don't pay your bills. You say he calls every other day, next time he calls tell him he will have to make other arrangments, you can't wait any longer.
Trying to be a nice guy will bite you in the back side. Even if you get a check tomorow, do you want to go through that every month..? He has proven what kind of tenent he will make..
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Old 03-05-2009, 01:48 AM
 
29,281 posts, read 25,398,627 times
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i never ever consider any tenant that cant come up with first months rent, last months rent and a month security when they sign......

landlording is hard enough without having a tenant living hand to mouth and no savings.......
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Old 03-05-2009, 05:22 AM
 
Location: Seaford, Delaware
3,350 posts, read 10,057,078 times
Reputation: 2187
The lease has already been broken. No payment of rent and deposit when due and payable. Post a 3 day notice of non-payment on the apartment. Have a witness see you post it on the door. Call the guy, or next time he calls, tell him the apartment is no longer avaiable. Peoiple like that will threaten to sue and take you to court. He has no money and no intent or wherewithall to even try to take you to court for damages. Forget him and move on.
Then sign a new lease with a new tenant. No money, no lease. Cash up front!!!!!
Learn a lesson. He may look like a nice guy but money talks and you are running a business, not a popularity contest.
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Old 03-05-2009, 06:49 AM
 
850 posts, read 2,764,103 times
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I don't think it's as easy as just declaring the lease null and void and brining a new tenant in. You have a legally binding contract with the original party an the apartment is technically his, whether he physically moved in or not. He obviously breached, but I would think you'd have to go through the correct legal avenue (i.e eviction) to get legal posession back. I'd consult a layer on this one. You don't want to end up being sued by this guy, who I'm sure would jump on the opportunity to make a quick buck.
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Old 03-05-2009, 07:32 AM
 
4,193 posts, read 59,980 times
Reputation: 1983
Find yourself a different tenant. I never sign a lease without a deposit and the first months rent. Its just not worth it.

d
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Old 03-05-2009, 08:35 AM
 
15,458 posts, read 20,242,535 times
Reputation: 6507
Quote:
Originally Posted by rafq9 View Post
i am a landlord in texas and i signed a lease with a prospect and he promised to pay me in 2 weeks rent and deposit, and he never moved in and never showed up with the money,but it has been over 45 days and every other day he calls me and tells me he is not in town and his brother lives over here and he will be sending the money next week, i have another person who wants to sign a lease for the apartment, i send him notice via fed ex that if he does not pay me withing 3 days of receiving this notice than lease is null and void but i got it back because the address was wrong the one i got from his driver lic, can i go ahead and sign a lease with another tenant or what other option do i have and is this lease i signed valid when no money changed hands and no money has been received by me. thanks
Just sign a lease with a new tenant...the other didn't pay within 2 weeks and now it is a month later...lesson learned and go from here with never excepting a signed lease without a security deposit....sob stories and promisses don't pay a bill.

Yesterday i even had a new tenant calling me that a power outlet didn't work but it had worked before since their dryer had worked but now stopped working. According to the service man the outlet was the issue. I told him a needed to make a phone call and would call him back. I called back and asked how old the dryer was, if the dryer was checked (I thought it was a stupid question...). The dryer wasn't checked since the service man only checked if the power outlet had enough voltage on it....?
I explained that I could send a company out there to fixx the issue but if the dryer had a shortage and had caused the issue than the bill had to be paid by the tenant since it was his dryer....he told me he would call me back....since than I haven't heard anything, so I guess that either there wasn't a service man and nobody checked the dryer and and the dryer had caused the issue....I'm not stupid....just remember to take a few min. and think and act from there and use your common sense....if you want to give to charity than do so but renting out a place is not charity.
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Old 03-05-2009, 08:57 AM
 
Location: St Thomas, US Virgin Islands
21,639 posts, read 25,212,126 times
Reputation: 22321
If the lease you signed was specifically contingent upon the tenant paying rent plus security in two weeks then he has already defaulted on the contract. Go ahead and rent it to someone else - and get the money up front before you sign on the dotted line. And hang on to that FedEx notice which you sent him and was returned. If he decides to come back at you for any reason, that's ample proof that you made every effort to accommodate him. Cheers, and consider yourself lucky that he didn't end up as your tenant!
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Old 03-05-2009, 11:15 AM
 
850 posts, read 2,764,103 times
Reputation: 632
I'm really just not comfortable with all this talk of just renting to the other tenant. Seriously check into the legalities of doing so. You have a contract that I'm sure states what remedies you'll use should he default, so I would think you're legally bound to those remedies. I highly doubt that includes just re-renting the place immediately without giving the tenant a certain number of days notice. IDK, every area is different too. Talk to you a lawyer before you do anything please!
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Old 03-05-2009, 11:16 AM
 
850 posts, read 2,764,103 times
Reputation: 632
Oh, I also wanted to ask...did you give him keys yet?
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