What is the name of your state (only U.S. law)? Texas
We had multiple tenants interested in our home but went with who could move in first. Notified him by phone we would rent to him instead of other prospects on 6th. Met to sign lease on 10th with 19th being move in date. On the 10th, he said he didn't have a checkbook and would wire it through his company next day to our bank. Everyday since it has been multiple excuses. He started telling us this Friday that he would just put a check in the bank that same day. We talked to him on the phone Saturday and told him since it was move in day, the deposit needed to be in the bank by end of banking hours, he said he did not have time to do it and when we said that was unacceptable because he already had a key he threatened my husband with physical violence and said "we had no idea who we were dealing with". Later that night, he told us he put it in the night drop at our bank. The bank called us this morning to tell us there was a deposit slip in night box but no cash or check in the envelope. He has not responded to numerous calls and voicemails today. Unfortunately, we were very trusting and used a very simple lease as we are not professional landlords, just leasing our home while we are away for a year. This has taught us a lot and we will be using a different lease and handling the situation differently in the future or even a management company but we are trying to figure out our way out of this situation. He has a signed lease and a key and we have nothing... and yes I'm already feeling very very stupid I know I know. Move in date has passed and he has not moved in at this point.
My question is how long do we have to play his back and forth game? At what point can we move on to another tenant? Both parties have signed the lease and lease does say it acknowledges security deposit. We were expecting it at lease signing but since he didn't have it we said ok to a wire transfer the next day. That wording regarding the next day is not in the lease though since it was a last minute change when he didn't have a checkbook. He has no receipt or proof of any money changing hands with us. Can we consider the lease void since we have not received a deposit or rent and move in date has passed?
We had multiple tenants interested in our home but went with who could move in first. Notified him by phone we would rent to him instead of other prospects on 6th. Met to sign lease on 10th with 19th being move in date. On the 10th, he said he didn't have a checkbook and would wire it through his company next day to our bank. Everyday since it has been multiple excuses. He started telling us this Friday that he would just put a check in the bank that same day. We talked to him on the phone Saturday and told him since it was move in day, the deposit needed to be in the bank by end of banking hours, he said he did not have time to do it and when we said that was unacceptable because he already had a key he threatened my husband with physical violence and said "we had no idea who we were dealing with". Later that night, he told us he put it in the night drop at our bank. The bank called us this morning to tell us there was a deposit slip in night box but no cash or check in the envelope. He has not responded to numerous calls and voicemails today. Unfortunately, we were very trusting and used a very simple lease as we are not professional landlords, just leasing our home while we are away for a year. This has taught us a lot and we will be using a different lease and handling the situation differently in the future or even a management company but we are trying to figure out our way out of this situation. He has a signed lease and a key and we have nothing... and yes I'm already feeling very very stupid I know I know. Move in date has passed and he has not moved in at this point.
My question is how long do we have to play his back and forth game? At what point can we move on to another tenant? Both parties have signed the lease and lease does say it acknowledges security deposit. We were expecting it at lease signing but since he didn't have it we said ok to a wire transfer the next day. That wording regarding the next day is not in the lease though since it was a last minute change when he didn't have a checkbook. He has no receipt or proof of any money changing hands with us. Can we consider the lease void since we have not received a deposit or rent and move in date has passed?
