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Thats not true....An eviction terminates the lease. The tenant would only pay the amount up until the eviction.
It depends on the state. Many still hold the tenant liable for the term of the lease. An eviction is the legal removal of tenant from premises but does not void the rest of the lease terms.
quote: "He's supposedly planning to move out this weekend anyway"
Hopefully, for your sake, he will do so- however he's already shown that he can't be trusted. He must have put the stop payment on the check long before he emailed you about terminating the lease. You said he was there a week already. I'm surprised a bank would allow a stop payment on a check that had been in your account for a week?????
I'm surprised a bank would allow a stop payment on a check that had been in your account for a week?????
As long as he got to HIS bank - not her bank - before the money came out of his account, he would be able to stop payment on the check.
It doesn't matter how long the check has been deposited in her bank, what matters is if the money has been transferred out of his account - and evidently he got there before it was transferred out.
If you're going to accept a personal check for the initial deposit and rent, instead of a cashier's check, then it's probably best to drive directly to the check writer's bank and cash it right then and there. Depositing it in your account makes the process take longer, which gives time for people like this time to issue a stop payment.
Another reason to go directly to their bank, if possible, is if the check is going to bounce, I'd much rather be told in person, right away that day, and not be charged any fees by my bank.
With all the red flags, going to the renter's bank would be a good idea. However, this may have been an out of state check.
With all the red flags, going to the renter's bank would be a good idea. However, this may have been an out of state check.
Even without any red flags, the standard where I live is to only accept a cashiers check for the initial deposit and first month's rent. After that, personal checks are fine - but not for the first one, unless you have a previous relationship with the landlord.
I can't even imagine taking a personal check from an out-of-state bank and handing over the keys? Just no way! Hold the keys until it clears, for sure!
Why would you evict if he is moving out this weekend? Eviction would let him off the hook for the remainder of the lease. Since he is moving out, maybe just sue him for the amt of rent he owes from move-in date until date the new tenant moves in. Then sue him also for the bounced check, plus any late fees for the future months that he didn't pay(whatever allowed by law and per lease). also sue for attorney fees and cost to nfind another tenant.
Don't give any hints you will sue him while he is still there. you don't want him to destroy the place. I doubt he will...he just wants out and this is good. you want the place back without the hassle and expense of eviction.
don't tell him he is scott free for breaking the lease (unless you want to let him off the hook).
fyi...probably never a good idea when conversing with tenant to say " I think the law says....". You should know the law as a landlord. If you don't know it, don't go telling the tenant, because you can then be walked all over like a rug.
Sounds like the person owes you rent. Suggest you go visit the local magistrate and file. You'll probably need to take along a copy of the signed lease agreement. You don't need an attorney for that. Tenancy is like probate.
If I evict him, I'm effectively letting him off from paying the rent he owes, right? He's supposedly planning to move out this weekend anyway, so I don't want to hurt my chances of getting reimbursed unless he doesn't move out.
Start eviction proceedings asap. It's the only legal leverage you have. If the guy has any brains he will not want a court judgment like that on his records as it will make it very difficult for him to rent again.
And next time take your time renting. Better to leave the place empty for a couple months than to spend a couple of months fighting for your rights.
I wonder if this falls under the category of check fraud?
That was my first thought. I would call the clerk of court for your area and see about filing bad check charges against the guy. $4k will get their attention as it is a felony.
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