His check bounced. How do I properly evict him?

[midsouthmedic]

What is the name of your state? ARKANSAS

I placed an ad in the paper to rent out a house. The person who rented it paid with a check that not only bounced but was drawn on an account that no longer existed at the bank. I have the returned check and am considering whether to go to the DA and prosecute. In the mean time, I have given him 10 days to make the check good. If he doesn't how do I properly have him evicted to protect my rights as a landlord. When confronted over the phone about the bounced check, he stated that he knew it was bad when he wrote it and that he thought he could cover it the next week. Now, he owes me the first month rent, the security deposit and now July's rent is due. He signed a lease and is also accruing a penalty every day the rent is not paid.

Help;

Thanks;

Timothy

 

[HomeGuru]

What is the name of your state? ARKANSAS

I placed an ad in the paper to rent out a house. The person who rented it paid with a check that not only bounced but was drawn on an account that no longer existed at the bank. I have the returned check and am considering whether to go to the DA and prosecute. In the mean time, I have given him 10 days to make the check good. If he doesn't how do I properly have him evicted to protect my rights as a landlord. When confronted over the phone about the bounced check, he stated that he knew it was bad when he wrote it and that he thought he could cover it the next week. Now, he owes me the first month rent, the security deposit and now July's rent is due. He signed a lease and is also accruing a penalty every day the rent is not paid.

Help;

Thanks;

Timothy

**A: if you are in this landlord biz, start off by acting like a landlord and read and understand the L/T laws of your state.
Here is a tip; before selecting a tenant, have the prospect fill out a complete application, check employment, references (including past and current landlords), do a judgement and credit check and when the person checks out, demand the security deposit and first months rent in cash or cashier's check. If the person can't come up with all the money at the time, there may be a slight problem.

 

[treese]

In the future follow HG's advise. Never give out keys until all monies due are paid in full with guaranteed funds.

Here is one way to deal with the bad check.
http://www.lawdog.com/states/ar/checks.htm

You have two options for evicting from the following website:
http://www.ag.state.ar.us/consumer/ltenant.html

If a landlord uses the "unlawful detainer" method of eviction, he must give you three (3) days written notice to vacate. If you do not leave, the landlord can sue by filing a complaint against you in court. After you receive a summons to appear in court, you have five (5) days to object in writing to the eviction. If you do not file an objection you can be removed from the dwelling by the Sheriff. If you do object, a hearing will be scheduled to determine your right to possession of the property.

If a landlord uses the "failure to vacate" method of eviction, he must give you ten (10) days written notice. This method of eviction applies only to non-payment of rent. If you do not leave the premises within ten (10) days, you can be charged with a misdemeanor. You would then be required to appear in court where you could be fined up to $25 for each day you remained in the dwelling after being given the ten (10) day notice to vacate.

 

[ENASNI]

whoA

We ALWAYS had the first months rent and security deposit paid in Money orders.
Just never money orders from Nigeria.

 

[south]

Serve him a Pay or Quit notice and also inform him that the check was no good and to bring cashiers check or cash for the monies owed if he does not you will take the bad check to the Bad Check Writers Program at the District Attorneys office which can result in going to prison along with a criminal record.

Here is some info for bad check writers Bad Checks

What is the name of your state? ARKANSAS

I placed an ad in the paper to rent out a house. The person who rented it paid with a check that not only bounced but was drawn on an account that no longer existed at the bank. I have the returned check and am considering whether to go to the DA and prosecute. In the mean time, I have given him 10 days to make the check good. If he doesn't how do I properly have him evicted to protect my rights as a landlord. When confronted over the phone about the bounced check, he stated that he knew it was bad when he wrote it and that he thought he could cover it the next week. Now, he owes me the first month rent, the security deposit and now July's rent is due. He signed a lease and is also accruing a penalty every day the rent is not paid.

Help;

Thanks;

Timothy

 

[midsouthmedic]

After the eviction

Just wanted to follow up and say thanks for the information. I gave him an eviction notice. He was planning on skipping out on the back rent and when I went to the DA's office to file on the bad check, they informed me that they had been looking for him for a while on other outstanding warrents. Due to the fact he was in my house moving stuff when I called the police, they were able to arrest him and the prosecutor is taking it from here. I learned alot from this experience.

Thanks

 

[Gadfly]

I'm glad you learned something, but did you learn this: When you found out the check was bad he TOLD you he KNEW it was bad. Why, oh why did you even give him 10-days to make it good. That should have been a too bad, so sad you're out of here issue!