Tenant moved out of state without pay and notification (rental, security deposit, non-refundable)

[echlh]

We had a offer to purchase our house last summer. And a couple of days before closing, the buyer's agent called and said the buyer had some issue needed to be resolved before she can get a loan. She suggested "lease to own". We felt since she put down the earnest money and paid for the inspection. It should be fairly safe. So we found a property management company and signed an optin to purchase contract and a rental contract with our buyer.

In the contract, there is no security deposit and only $1000 non-refundable option fee. She paid $500 and used the other $500 of earnest moeny held by the lawyer, which we still don't have since the buyer's agent told us we can't get it now otherwise the purchase contract will be invalid.

A few months before the contracts were up, we contacted the buyer regarding the purchase of our house. She always said she would move forward with it and was shopping around for good interest rate. She always paid on time until the last month. She didn't pay her rent and said she was planning on closing the deal at end of the month so she used the money to pay off other things and the rent money can come out at closing. We told her this is not how the contract is written. And she argued the way she understood it, that is her security deposit and she can use it as last month's rent. Then she told us she would pay the next day. When the payment was not there the next day, we contacted her and she claimed she used bank online check and it would take 2-3 days. A week later, there is still no payment. And she is not responding to anything. So we went to the house to take a look from outside, there is no car and all the blinds are closed. Then the neighbor told us she moved out a couple of weekend ago and said she is moving out of state. She never gave us any written notice as far as what she wanted to do. Now she suddenly disappeared without paying the last month's rent and without returning house keys and left us with dirty carpet and kitchen floor and some junk. We did find out she has transferred out of state with the same company and her work number still remains the same.

We are not sure if we can sue her as she no longer resides in our state (NC). Can we still report her to credit bureaus and some kind of bad tenant system without a judgement? We don't count on getting the back rent but are unhappy with her dishonesty. Any suggestion would be greatly appreciated.

[TimtheGuy]

Can we still report her to credit bureaus

I highly doubt it.

[UseJeff]

Your best option is to talk to a real estate attorney. Be sure and take in any and all contracts, and any information or correspondence you've had.

You likely will be able to sue, although who knows for how much. More than likely you can sue her in your city, of which she'd have to travel to be in court.

I'm just not familiar enough with how this would work, as it was only covered lightly in everything I've learned, and I've not had any clients who have experienced this.

[KristinWard]

You could send it to a collection agency.

[manderly6]

That was timely.

[STT Resident]

Originally Posted by manderly6

That was timely.

Yep, more than likely the OP has been sitting around watching this thread for the past four plus years hoping that someone would come up with the magic answer. Patience is a virtue, so it's said!

[bouncethelight]

Never know, someone else with the same problem may come along and be very grateful someone updated this thread! Good information is a valuable thing!

[PacificFlights]

It doen;t look like updatuing but rather a masked advertising for that web site

[KristinWard]

i don't completely remember what link i left and it looks like they pulled it anyway.

I hadn't even realized it was a 2007 post. I just saw it when I was looking for something else and was rather annoyed cause i did take it to an agent and all they did was make it worse and figured I'd comment. Though it does seem multiple people saw it. Lol.