|Reply to Re: tenant refused to sign lease and isn't paying!|
Re: tenant refused to sign lease and isn't paying!
by Elliot on Monday, August 27, 2001 @04:00
Thanks Jack! I do have a rental application from them,
and their checks deposited in my account. I just got off
the phone with a lawyer friend, and I'm going to file for
eviction tomorrow for failure to pay and argue oral
contract. If the judge says I have no contract with them,
then I'll padlock the door. I think they will leave on that
date, but don't want to get screwed on damages. This
way I can sue them for back rent. And hold the deposit
(in escrow if necessary) until that is paid.
Reading this board it seems everyone who got
screwed was like me -- trying to be a nice guy and
bending over backwards for someone, and had it bite
them in the butt.
Jack Klein on 8/27/101 3:12 AM said:
>>What they are doing isn't right obviously, but you don't
have a signed lease. Do you have anything in writing
from them? A binder form or copy of the security check
perhaps? That may help you to prove some sort of
verbal agrement to sign the lease at least.
>>Did you use and LPA rental application (or similar
one ) when screening them? That could be used as a
pre rental agreement because it is in effect a contract in
>>It is an unfortunate situation and I think you have to
use your judgement on if these people are telling the
truth about if they will really be out at the end of 1 month.
If you don't believe them, you must start a real eviction
now. Let them know how detrimental this will be on
their credit rating. (Start with an Urgent late notice)
You are replying to the above.
Tips & Advice
Landlord Tenant Law
© 2000-2013 The Landlord Protection Agency, Inc.