Same Tenants, new issue

[J&P11]

What is the name of your state? NC

These are the same tenants from my thread posted April 26 that had given a 30 day notice and then retracted it two weeks later. I followed advice given, corresponding only by mail and indicating that I would honor their lease until it expired at the end of the year but would not let them out of the lease before then. The woman called to thank me and then apologized for her husband writing a bad check for May's rent and begging to be allowed to make payments on it ( it didn't bounce probably because the PO workers usually walk anything mailed on site back to my PO box within a few hours instead of sending it through the main system that would take a day or two and I cashed it right away...so any of his other checks sent out of our town may have bounced instead). I later saw on his Facebook page that he purposely wrote what he thought would be a bad check because he thought they'd be moved out. He has since removed the post but not before I made a screenshot of it. June's rent payment was via money order.
A neighbor of theirs that also has problems with the man ( sneaking up on her from behind, she is a veteran with PTSD, and has confronted him about it and about them leaving their cat outside for days while they go on vacation, was told by the man that she won't need to worry about the cat because they were moving out by July 1st. Yesterday he told her they were taking their cats to their new house. Although there is a good chance that the man is lying as he often does, they may actually be planning to sneak out without notice, breaking their lease and non payment of rent. I don't want to confront them ahead of time, but if they do leave should I immediately file a breech of lease or wait to see if they send the rent. Because of when they receive SS our agreement is that they have the rent to me around the 5 to 7th of each month. I've never had to do anything like that before. I know that I could keep their deposit for back rent but when they moved in (what I thought was a nice elderly couple with plans to stay for years), I lowered the deposit for them and it wouldn't cover a full month's rent.

 

[ajkroy]

For review, here is the OP's other thread.

OP, the general etiquette here is that you keep all of your issues in the same thread.

 

[Gail in Georgia]

What is the date your lease states rent is due? First of the month? Fifth of the month?

Gail

 

[J&P11]

For review, here is the OP's other thread.

OP, the general etiquette here is that you keep all of your issues in the same thread.

This is a different issue. It just happens to be about the same tenants which is why I didn't put it on a thread that is two months old. I didn't realize that I would need to.

 

[J&P11]

What is the date your lease states rent is due? First of the month? Fifth of the month?

Gail

The lease states that rent must be received by us no later than the 5th if mailed. But they don't receive their direct deposit from social security until the fourth of the month so I agreed to two extra days.

 

[FarmerJ]

If your states laws allow you to hold from the deposit funds un paid rent then that's what you should do . DO also make sure you follow your states laws about deposit disposition letters and take a lot of exit pictures of how they left the place and as to the check that bounced did they reimburse you ?

 

[J&P11]

If your states laws allow you to hold from the deposit funds un paid rent then that's what you should do . DO also make sure you follow your states laws about deposit disposition letters and take a lot of exit pictures of how they left the place and as to the check that bounced did they reimburse you ?
[/QUOTE Thank you for your reply. My State does allow deposit to be held for unpaid rent and I would notify them by letter to their current address (my property they are renting) and request the PO forward it. However, as I said their deposit was not enough to cover a full month's rent and from the man's previous rant when they gave and retracted a 30 day notice, I doubt they will have the lawn mowed or will move my washer back in place. I allowed them to use theirs on the condition that mine be moved back in place if they moved out. I will have to pay someone to do those things and deduct it from their deposit. The wife seems to keep a very clean house so I don't expect a mess. I will take pictures anyway.

As I wrote above, their check to me did NOT bounce although they intended it to. Because the check reached me and was cashed within hours of being written and other checks they had written for bills, etc. took a few days to reach their destination and by then there would have been insufficient funds in their account and some of those checks probably bounced.

 

[Just Blue]

This is a different issue. It just happens to be about the same tenants which is why I didn't put it on a thread that is two months old. I didn't realize that I would need to.

The "issue" is the same. Your tenants. Do NOT start a new thread for every question you have regarding your tenant. Thank You.

 

[J&P11]

The "issue" is the same. Your tenants. Do NOT start a new thread for every question you have regarding your tenant. Thank You.

I have 14 different tenants. Do I use the same thread if I have a question completely unrelated to these people? I had another question about these same people but is was unrelated to anything to do with real estate. Should I have put it on this thread instead of under another forum?

 

[Just Blue]

I have 14 different tenants. Do I use the same thread if I have a question completely unrelated to these people? I had another question about these same people but is was unrelated to anything to do with real estate. Should I have put it on this thread instead of under another forum?

The question on fostering is fine where it is...
If another tenant is giving you trouble feel free to start another thread.

 

[Gail in Georgia]

At this point in time you cannot do anything as your evidence that your tenants may be breaking their lease and moving out is only based on hearsay from a neighbor. If they do vacate the rental property immediately file for breach of lease. Do not wait around for them to send the rent money.

Gail

 

[FarmerJ]

If it appears they have moved then go check the electric meter to see if its on, check the main breaker to see if its off, gas too, the utilities could tell you if the tenant reported a move out and stopped utility services pictures pictures pictures , good example is fridge is unplugged or empty and cupboards empty of food, dishes , clothing is gone, toiletries and grooming supplies gone from bathroom. As to the deposit funds not covering both damages and unpaid rent then its up to you if you want to sue them for the balances JUST MAKE SURE you follow your states damage deposit laws with your written disposition sent say confirmed mail delivery to the last known address you have ( which may be the one they rented from you ) if they don't put in a change of address card you will have proof that you sent it to the last known address because of the receipt the post office will give you , if the post office returns it to you , do not open if, keep it sealed in original envelope so you have it to offer it to a judge if they try to sue claiming you didn't follow your states deposit laws!

 

[J&P11]

Thank you for all the replies and good advice. I found out today from my online banking that the tenants' rent check from May did bounce and the $$$ was taken out of my account. They paid June with a money order so no problem there. By the time I get back in town on Monday from my grandson's wedding in Washington to check my PO box, their July rent should be there and hopefully the paperwork from the bank showing the bounced check. I've texted with their neighbors (also my tenants) and neither one has noticed their car in the driveway but neither has seen any evidence of them moving. I will contact them by certified mail demanding payment....how long should I give them to get the payment to me? What's the next step if they don't pay the bad check? Can I evict them in court even if they pay July's rent? I was told that for a bad check the District Attorney could go after them and I should contact that office.

 

[J&P11]

If it appears they have moved then go check the electric meter to see if its on, check the main breaker to see if its off, gas too, the utilities could tell you if the tenant reported a move out and stopped utility services pictures pictures pictures , good example is fridge is unplugged or empty and cupboards empty of food, dishes , clothing is gone, toiletries and grooming supplies gone from bathroom. As to the deposit funds not covering both damages and unpaid rent then its up to you if you want to sue them for the balances JUST MAKE SURE you follow your states damage deposit laws with your written disposition sent say confirmed mail delivery to the last known address you have ( which may be the one they rented from you ) if they don't put in a change of address card you will have proof that you sent it to the last known address because of the receipt the post office will give you , if the post office returns it to you , do not open if, keep it sealed in original envelope so you have it to offer it to a judge if they try to sue claiming you didn't follow your states deposit laws!

I wrote another statement below but got no response so am posting as a reply. The tenant's check did bounce and was sent through by the bank twice. I have mailed a payment demand letter to them giving them 30 days to pay as required in NC.
I have just returned home from out of state and went to the rental. The people have moved out but dumped a love seat/ extra large chair in the middle of the driveway. There are three large heavy pieces of furniture inside. The power has been confirmed by Duke Energy as requested to be turned off and was shut off on July 5th. They will not give me the address of where they requested new service or if it's even in this State. We are in a very high humidity area and I'll need to put the electricity in my name so the AC can run.
The rental has been infested with fleas, I took pictures of them all over my feet within seconds of entering. I need to get an exterminator out.....but can I do that while they have items in there?? How long do I have to give them after notifying them to remove their things before I can pay someone to haul them to the dump? As for the damages/ security deposit issue (they won't get any back since it doesn't even cover this month's rent owed), State law says it must be done within 30 days of the lease end (I assume it's also 30 days after move out). The thing is that I have heard absolutely nothing from the tenants....they just skipped out. They still have the keys....how long must I wait before I can change the locks? What is my first step? Do I file an eviction even though they have obviously moved out. There will be damages of owed rent and cost of moving their crap out and the extermination cost, but I won't know the total for a few weeks....would I then file for that separately?

 

[Gail in Georgia]

I can only tell you what I would do..

Your tenants are gone..skeedadled...blown town...etc. etc..

They are not coming back for the crap they left behind.

File for an eviction today, take pictures of the condition of the place, change the locks, get the exterminator in, haul their junk away, get the place ready to rent/sell and within 30 days send the status of the place to the tenants using the last known address (your rental property) and collect it for your files.

Gail