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Unsigned lease valid?

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305landlord

Junior Member
What is the name of your state (only U.S. law)? Indiana

I have a tenant who is 23 days late on rent (first full month), has a dog in the house which the lease states is subject to approval and requires a $250 security deposit, and still owes $400 of the security deposit. She has also not switched over utilities, a provision clearly stated in the lease. The tenant was mailed the lease just after move-in with a self-addressed envelope - both copies, one for myself and one for the tenant, both of which I had signed - but I never received the lease back. The tenant is refusing to pay and not responding to attempts to contact her. She has received a notice to pay and surrender possession which expires today with no attempt to make payment arrangements. What can I do? Any advice would be much appreciated. Thank you.What is the name of your state (only U.S. law)?
 


Alaska landlord

Senior Member
OK, I have a little time.
Hopefully, you served her proper notice and can now proceed with the eviction. File in court first thing tomorrow. Since she has failed to pay the rent she is in default and you can evict her. Now I have to slap you around a little. You never, ever sign the lease and send it to your tenant. What do you think would happen if she were to change all the terms of the lease agreement and show up in court with her and your signature?
Here are a few simple rules to follow.
1. Conduct a background, credit, employment and rental history check.
2. Collect rent and SD up front. If tenant does not have it then she is a marginal renter and is struggling with finances
3. Tenant is late with the rent? You post a pay or quit and don’t take any excuses
4. You don’t rent to friends or family
5. You verify that utilities have been converted to tenants name before they occupy the home
6. The first rent should be in cash, cashiers check, or money order. You don’t give them the keys until you have cash in hand.
7. You have them sign the contract BEFORE they occupy the property
8. You conduct a thorough inspection of the property including pictures before they occupy and have them sign it.
9. If home is pre 1978, then have them sign a lead paint waiver and hand them a epa pamphlet.
10. Know your state and federal rental laws.
 
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Cvillecpm

Senior Member
You did everything BACKASSWARDS....you receive a written application, screen applicants, collect money, sign lease and THEN provide keys.

Move in monies are aways paid IN FULL by CASH or CERTIFIED CHECKS

Have an attorney start eviction and expect to pay big bucks
 

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