I have tried really hard to get December but he says my bank is the problem. Went to my bank and checked my accounts (I knew he was lying) told him he needs to show proof he paid. He ignores me and says he is filing bankruptsy. He mailed his check for January and February, both were late. The lease is up in July this year. I just don't know what to do. If I file for eviction he may already be gone??? Doesn't make sense to do that. He is into the other tenant for utilities etc.
In the world of LLing, the money received goes toward the oldest charge first. So the money you received in January should have been credited toward December's rent and you should have posted a p/q notice for the January rent. The money you received in February shold have been credited toward the January rent and you shold have posted a p/q notice for the February rent. Your tenant now owes you for February and March, not December and March. Serve the p/q notice IAW state law and begin the eviction process for this tenant (or both tenants if they are on a single lease agreement, jointly & severally responsible).
Post and issued a certified mail to PAY or QUIT. Follow this with an eviction. Otherwise your tenant will drift in and out until July. You also need to wreck his credit and ask for the money he owes. You need to do it now while you still know where he is.