Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
So if he's calling you and you're admittedly not returning his calls, then the old "I can't find him" argument isn't going to hold up. Plus, if he's calling and you know it's him and you're not answering, then you obviously have his phone number and a way to contact him. He actually may have a case against you if you don't go about this the legal way. He can show his phone records that he's attempted to contact you to make arrangements, but you're dodging him.
I know he sounds like a deadbeat and has already breached, but why aren't you answering his calls? Have you told him on any previous calls about the notice you sent him? You don't need to listen to his song and dance of excuses, but you can at least every time he calls inform him of your plans.
My best advice (other than contact a lawyer) is to try a scare tactic. Tell him you're going to go through the courts to legally terminate the contract and recover all of the money you are out, but give him the option to voluntarily release the apartment back to you free and clear and you'll save this public record from being added to his credit report and the extra money. Make sure once he agrees to get it in writing. Then I'd say you're free to rent to the next tenant.
Texas law is give a 3 day notice to vacate. He never moved in and never paid. Contract null and void. End of story. He can't sue. He hasn't got a leg to stand on. What's he going to use for proof of payment of rent and being evicted.......receipts????? Go ahead and rent it.
Texas law is give a 3 day notice to vacate. He never moved in and never paid. Contract null and void. End of story. He can't sue. He hasn't got a leg to stand on. What's he going to use for proof of payment of rent and being evicted.......receipts????? Go ahead and rent it.
If he couldn't afford an initial deposit, I doubt he has the funds to get a lawyer to sue for anything. However, I really agree with Babytarheelz in that the right thing to do is to at least answer the call from the guy, or call him yourself, to advise him that he didn't get the down payment/ deposit to you within the agreed on two week period and you had to rent to someone else. I would also let him know in writing if possible. This way, you are covered and have been honest with him.
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!
I can side with BabyTarHeelz on this one. If this guy is a "professional" he may indeed be able to take the landlord to court. Even with no money our awesome judicial system will assign him a great lawyer for Free. I would do the right thing and spend the couple of weeks/bucks to get the lease nullified by a judge. ShaneSA may be right. He/she has more experience than I do, but I'm afraid of litigation. If there's even a chance this fool is trying to pull some new sort of scam, I would go to court or consult a lawyer to make sure the lease is nullified.
Even with no money our awesome judicial system will assign him a great lawyer for Free.
Only if he is broke and appearing in a criminal case. In a civil tort action he would have to "sell" his case to a private attorney and then the attorney would have to convince the court to rule in the plaintiff's favor. That ain't going to happen.
Texas law is give a 3 day notice to vacate. He never moved in and never paid. Contract null and void. End of story. He can't sue. He hasn't got a leg to stand on. What's he going to use for proof of payment of rent and being evicted.......receipts????? Go ahead and rent it.
Quote:
Originally Posted by Ultrarunner
A contract requires consideration...
Quote:
Originally Posted by Ultrarunner
Your prospective tenant has not been considerate
see above...
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
