To simplify my story:
1. Joy signed a residential lease with me on Sept. 4, 2002, agreed to pay $1200/month rent, and security deposit $1800.
2. She paid September rent and gave me another $1200 as security deposit but asked me not to cash it. She said she would bring another check for exchange two weeks later.
3. On Sept. 18, she brought me a $1200 check to take the original check back. But, she said this $1200 was not security deposit, it was her early payment for October rent. She would pay me the security deposit when her bonus check came on Oct. 4.
4. She didn't make it on Oct. 4. She came on Oct. 21, and brought me $600 for November rent and $50 for security deposit. She said she would pay another half rent on November 20, 2002.
5. Everytime she wrote a note say what amount was rent and what amount was security deposit. We both signed the note.
So, now, she still owe me $1750 security deposit and $600 November rent. Because security deposit is due on the day we signed the contract, can I say she haven't paid November rent and still owed me $1150 security deposit?
Can I start eviction process? How to do it (eviction process)?
In the contract, I didn't put any words for late fee. Can I use some kind of formal written forms to add "late payment fee" as part of lease?
This is the first time I have my property (a townhome) rented. I really need your help.
I'm not exactly sure how it is in your state so let me suggest this.
In most states it is very easy, probably the easiest of all eviction proceedings, compared to say and eviction based on damages or cleanliness, etc, if the eviction is for non-payment of any monies that are delinquent. In my state, for example, eviction can begin as soon as 3 days after due date. So, technically, eviction proceedings can begin as early as the 4th of the month if rent due on the first is not paid. I say rent but it can be any monies that are past due, even late charges.
I suggest you file eviction on the basis of non-payment of rent and SD, because at this point, both are delinquent. I think in most states this is handled in small claims court. Normally there is a small filing fee, usually less then $100, and you represent yourself in court. These type cases or usually cut and dry. The money is owed and delinquent. You win.
One mistake that gets many LLs eviction cases tossed out STOP taking partial payments spend some time searching your state statutes . or better yet if you can find specific cases from one of your county courts to see how they have handled evictions when LL accepted partial payment . I dont know what the filing fee is where you are BUT can tell you the last eviction I filed in Hennipen county Mn was 134.00 for the eviction hearing only . proccess server is more . so MY POINT is make sure you know about how partial payment is viewed in your states court so you dont waste the money having to start from scratch and evict all over again .
Any lease worth the paper it is written on should state the following"ENFORCEMENT- FAILURE OF THE LANDLORD TO INSIST UPON THE STRICT PERFORMANCE BY THE TERMS, COVENANTS, AGREEMENTS, AND CONDITIONS HEREIN CONTAINED, SHALL NOT CONSTITUTE OR BE CONSTRUED AS A WAIVER OR RELINQUISHMENT OF THE LANDLORD'S RIGHT TO ENFORCE ANY SUCH TERMS, CONVENANT AGREEMENTS, OR CONDITIONS, BUT THE SAME SHALL CONTINUE IN FULL FORCE AND EFFECT".
The courts have always understood, as does management, there are times when, for example, a partial payment is indeed justified. The above lease provision protects the LL against such a defense.
As a LL I agree with not accepting partial payments. It will only confuse the issue in court if you have to evict. Also, it is not a good way to do business. The tenant will have you chase them down every day of the month to collect $20 here and $10 there. You will expend more time and energy then it is worth. The tenants reasoning will be, well I was only one week late, then I was only 2 weeks late, etc. Until it will be I should be able to live rent free forever & ever amen.
Get rid of this tenant a.s.a.p. & get a tenant that can pay the rent.
You need to take control of this situation. This person is yanking your chain. Rentor is very slick.
Next time they come over and give you deposit money.....have a letter ready in writing with a blank in there to put in the amount.
Find out the law in your state for the unpaid balances of deposit. Put that law and statutes in writing with your letter with the deadline to have it paid in full. Find out also when she gives you the rent money for a payment in advance if that if is legally actually to apply that to an unpaid balance of what this person owes you instead of the prepayment in rent. If you can when this person tries to ramrod you into all this fast talking of what they are going to do, you tell this person it will be applied to the unpaid balance from the first.
Never take a post dated check. It is like you are admitting they never had the money to pay you in court to begin with. Never let a person move in without having all their ducks in a row. If they don't have the security deposit. Don't let them in. If you would like to hold it for them you can do so with a partial deposit, nonrefundable of course. Put that in writing if you do that. Have both sign it. Don't ever let a rentor take possession of your propety if they don't have the money up front. It is more than probablity they will never come up with the money.
This person is bogging you down with so many receipts and letters you both have signed and in the court system it will be so confusing to show what this person has not paid.
Get this person to pay up or get them out as quickly as possible. It seems like this person is very experienced with bucking the system of renting and deposits and then not paying and skipping out leaving you with no money.
Fill out a letter with blanks of rent and blank of deposit received, along with a blank of the date paid. Have it all ready for when this person gets ready to pay so you have your records in order. It seems like this person is trying to make it appear they only owe $50.00 remaining on the deposit. Make copies of all the checks this person has given to you prior to you depositing them. Keep them and don't lose them. Don't allow the prepayment in advance for the rent. Tell her if you can by law that will have to be applied to the unpaid balance of the security deposit.
Listen, ya'll are making a "no brainer" very complicated.
LLLeslie is in possession of a lease in which Joy defaulted. Take her to court and file for eviction for non-payment of what is owed. Plain and simple. If any landlords out there are having to chase there tenants down to collect rent may I suggest you qualify a person BEFORE you move them in. That includes criminal background check, personal background check, landlords for previous 3 years, credit check, etc**************..
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