Tenant bounched check - Landlord Forum thread

Tenant bounched check by Anonymous on November 21, 2009 @19:03

I signed a lease on Wednesday. Received a personal check for deposit and partial rent for December, confirmed the money was in her account. My tenant is suppose to move in beginning of December. About and hour after we signed she called and asked me to hold the check for Thursday, since she just deposited checks today. Thursday morning I tried to cash the check, was not good - I called and left a message. She called me back, had not received my message but could see I had called (her phone was disconnected, since she had not paid the bill) Told me that her mother should have made a deposit yesterday. Promissed to call me back as soon as she had checked with her mother. Did not call me back. Friday I called her at her work number which she gave me the day before. She told me she would go and cash the check and make the the deposit so I could cash the check later in the afternoon. I asked her to please leave a message when I could cash it that afternoon. She did not call me and at 6 PM I was still not able to cash the check. Called her and left her a message to call me ASAP. Saturday at 10:15 I called her and told her that I was not able to cash the check and would like to meet with her this weekend. She has not called me back. I have not given her the keys, but have a signed contact. Can I leave her a message and inform her that I no longer want her as a tenant and the contract is void and send her a letter certified as well? I have no intentions of handeling over my keys to her.

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Re: Tenant bounched check by OK-LL on November 21, 2009 @19:39	[ Reply ]
Yes, the rental contract is ineffective since she did not tender the money consideration -- and I would turn her check over to the Distric Attorney for collection and prosecution.

Re: Tenant bounched check by Anonymous on November 21, 2009 @21:28

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You have just had a vision into the future with this applicant. Since you have not received payment you are not obligated to honor the lease agreement. Be firm in telling this person that you can not rent to them. If the unhappy person threatens to report you to someone, say you have already been in touch with the DA and can not discuss it further with them and then get off the phone. Unless the applicant is abysmally stupid, this should be enough to put an end to it.

Re: Tenant bounched check by Anonymous on November 22, 2009 @12:00	[ Reply ]
Why didn't you accept the payment in certifid funds like a money order or certified check. I always require that for first month's rent payment and security deposit.

Re: Tenant bounched check