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Lease signed but no security deposit received
by MSAH (Texas)
on April 21, 2014 @14:23
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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. Every day 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 per the lease, 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 to our house 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?
Any advice or input would be very appreciated.
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Re: Lease signed but no security deposit received
by Katiekate (New York)
on April 21, 2014 @14:49
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I never sign a lease until the day of move in. When I agree to rent to a prospect, they must have the deposit in their hand to give me..right then...in cash. Only then do I stop showing the unit.
On move in day...the must first pay me first and last month rent...in cash...then we do a complete walk through in writing..sign the walk thru, sign the addendums, sign the lease. Then they get keys. Not before
You need to get those locks changed now. Prevent this guy from getting in. Not until he has put the utilities in his own name, paid all the money IN CASH will you allow him in.
If he already there... When did you get the rent for the first month? Why not get the deposit then too? If you let him move in without any payment at all...shame on you....now you have to evict.
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Re: Lease signed but no security deposit received
by Anonymous
on April 21, 2014 @18:30
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Oh boy, you done messed up royal. No, you cannot consider the lease void.
Since your tenant has a signed lease and he also has a receipt for both the security deposit and the first months rent, and the keys, he is entitled to stay there.
IMO, you have three options:
Hire a lawyer.
File an eviction with the court since he did not pay you any funds. You will have to go to court and prove to the judge that you received no funds. Make the tenant provide you cancelled checks, or funds transfer, or deposit tickets to your bank that proves you received funds.
Hope he doesn't move in and go to court to regain possession of the house. This will take some time. He has possession. Better hire a lawyer, IMO
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Re: Lease signed but no security deposit received
by Anonymous
on April 21, 2014 @22:33
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IMO, you cannot change the locks! This person has possession: Keys, signed lease, and a signed statement in the lease that says the SD was paid. And I would also think it would say the 1st months rent was paid as well.
Can you prove he didn't move in? All he would have to do is open the door and deposit a personal item in a hidden place which would establish move in.
The sheriff would rule in favor of the tenant because the LL has no proof that funds were not paid. This is why an experienced tenant/landlord lawyer should be engaged. Or file in eviction court and ultimately have a judge void the lease.
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Re: Lease signed but no security deposit received
by Anonymous
on April 22, 2014 @19:12
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From the O P
" he said he did not have time to do it and when we said that was unacceptable because he already had a key to our house he threatened my husband with physical violence and said "we had no idea who we were dealing with""
-- Ok, why did you not call the cops and file a restraining order when he threatened violence?
"Move in date has passed and he has not moved in at this point. "
-- If you are sure he has not been in since, does anyone see a problem changing the locks? And what further can they do at this point? (Chuck in NY, it made me anon...)
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