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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

is this contract valid?

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Old Sep 22nd, 2007, 05:30 PM     #1
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Confused is this contract valid?

When my tenant moved in and signed the lease . Check she gave me at move in has bounced and she is three weeks late on her first month lease.and still ownes me first month and deposit payment . Can I move her out colling police?or what should I do? if she didn't honour an agreement on contract is that contract VALID??? PLEASE SOMEONE HELP
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Old Sep 23rd, 2007, 05:46 PM     #2
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Default Re: is this contract valid?

If both of you signed it, it is a valid contract. She is now in breech of her contract. Have you sent her a notice of the bad check (asking for full restitution and the bad check charges) within 10 days? Have you turned the check over to the police? (Writing a bad check is a crime.) Prosecute her.

*NEVER* accept checks at move in - only cash or certified funds. Since she is late with her payments, issue a pay or quit (or the correct notice for your state) immediately. If she fails to pay up within that time, file for eviction. Do not accept partial payment from this woman, only payment in full or begin eviction. She either is a professional tenant with a history of doing this or she has no knowledge of how to budget her money. Neither would be a good tenant.

If you are not familiar with the eviction procedures for your state, consider hiring an attorney. Look for one that SPECIALIZES in residential evictions and that charges a flat fee to do them. (Call around, you'll find one.) Watch what steps he takes, what papers he files, get copies of all of it, and you will be able to do the next one on your own. The attorney fee will be cheap compared to how long (lost rent) it may take you to get her out on your own.

Last edited by OHlandlord : Sep 23rd, 2007 at 05:46 PM.
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Old Sep 24th, 2007, 06:56 PM     #3
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Default Re: is this contract valid?

Great advice!
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