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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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Posts: n/a
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My bank erroneously redeposited our rent check for insuffucient funds
(verifiable). According to our lease, if it is not paid by the 10th, the lease is null and void and we have to move out within 30 days. Today is the 11th. The landlord is threatening to evict us if we do not pay an additional month's security deposit by Monday since the payment made was past the 10th. Can he do this? Should I just pay the additional deposit? |
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#2 |
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He would have to evict you if you did not leave. But it would be a violation of the leaase if you paid late--no matter how it happened--so you may want to try to work out something.
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#3 |
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Top Level Member
Last Online:
Jul 23rd, 2008 10:34 AM Join Date: Jul 2007
Location: southern OH
Posts: 579
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Either your rent check had sufficient funds or it didn't. If it didn't, your rent was not paid as agreed. If the LL did not have access to your money as agreed and when agreed you have violated your lease. Thus he will terminate your agreement and give you 30 days notice. If this happens, you will be given written notice to vacate within that time. If you don't, he will file an eviction case at the end of the 30 days. This will show up on your credit report and civil records.
I suggest you try to work something out with your LL immediately. Pay him any late fees in the lease or any NSF fees that his bank charged him. Pay the fees for anything that he bounced when he tried writing checks on the money he thought he had deposited. If you cannot come to terms, I suggest you move out within the 30 days he gives you. If you fail to, the eviction will show up in the court records for every future LL to see. Very few LLs want a tenant who has been evicted by another LL. Good luck. |
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