Reply to Re: tenant refused to sign lease and isn't paying!

Re: tenant refused to sign lease and isn't paying! (Score: 1) 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: >>Elliot, >> >>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 itself. >> >> >> >>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) >> >>Good luck. >> >>Jack >>

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