Evictions, etc. - Posted by Bo (GA)

Posted by Joe(IN) on March 11, 1999 at 14:16:23:

Just one idea. “Mr. Tenant, if you move out by next Friday and leave the place clean I won’t turn you in for the bad check.”
(Maybe even offer to let him go on the unpaid rent if he gets out.)

I’m always easy on them when they get out quickly and leave it clean. Maybe to easy, but it’s less stressful.


Evictions, etc. - Posted by Bo (GA)

Posted by Bo (GA) on March 11, 1999 at 11:55:12:

Just a hypothetical question, as this has not happened to me (yet!):

What do you do if a tenant writes you a rent check that bounces? I can see three possible scenarios:

  1. You send a conventional 3-day pay-or-quit notice and forget about the check bouncing.

  2. You pursue the bounced check only, and hope that the criminal charges filed will force them to pay up.

  3. You send both a pay-or-quit notice and file bounced-check-charges.

Of the scenarios listed I would be inclined to go with door number 1, for the following reasons:

Number 2 lets the tenant stay in the house without paying rent. Typically this is not a good situation.

Number 3 may be treated as a double-jeopardy case, and be thrown out by a liberal judge.

Any insight or experience with this matter will be appreciated.

Bo (GA)

Re: Evictions, etc. - Posted by Rob FL

Posted by Rob FL on March 12, 1999 at 09:19:54:

I require the option consideration, deposit, and first month’s rent to be paid in cash or certified funds. Meaning I don’t want them moving in until I am positive I have all their money.

My agreements say that after the first bounced check that they must pay in cash or certified funds. That pretty much stops them from doing it a second time.

I have had people bounce them in the past. When it happens I usually just give them a friendly phone call and tell them “You must have had an accounting oversight because your check bounced. I need to get the rent plus a $25 bounce check fee immediately. I will need to get this payment either in cash or certified funds. When can we meet to square this away?” When we meet I remind them that my policy is no more personal checks and to either send me a money order or a cashier’s check in the future.

Works for me. I wouldn’t rush for eviction and pressing charges unless after speaking with them I felt there was no other choice. Treat people professionally and respectfully and they tend to do the same. I have dealt with a few people that turned out as deadbeats. Once I realize that, then I go for the throat and get them out of the property using whatever legal means I need to.

Re: Evictions, etc. - Posted by KF

Posted by KF on March 11, 1999 at 12:37:32:

That paints a much clearer picture. I would tend to agree with your reasoning as far as going with #1. Per your agreement, will you be able to keep his security deposit for breaking the lease early? That should at least help while you’re looking for a new tenant.

Re: Evictions, etc. - Posted by KF

Posted by KF on March 11, 1999 at 12:07:31:

You haven’t included info on what I feel to be significant…is it the first time?..how responsive are they to the situation?(meaning, maybe upon your telling them over the phone that the check bounced, they propose to you that they come immediately to your office/residence and give you cash while being appologetic). And lastly, which ties in with the above…do you want them out or do you just want to get paid and keep them on as otherwise good tenants. Because, obviously your actions are going to have ramifications on whether or not they want to continue renting from you.

My .02 cents,


Re: Evictions, etc. - Posted by Bo (GA)

Posted by Bo (GA) on March 11, 1999 at 19:57:38:

Thanks for your comment.

On my L/Os I do not request a security deposit; instead the tenant has to pay a non-refundable option fee, which I get to keep no matter what.
Advantage: I get more up-front and do not have to return it.
Disadvantage: I can not hold anything back if they thrash the place and move out.
It is somewhat of gamble, but I have decided that the rewards outweigh the risks.

But, I repeat, the bounced check case has not happened yet; this month it seems like a straight forward eviction case as he is now offically in default, is not returning my calls and the pay-or-quit notice will go out tomorrow.

Bo (GA)

Re: Evictions, etc. - Posted by Bo (GA)

Posted by Bo (GA) on March 11, 1999 at 12:26:06:

Thanks, KF.

Here is some more info: As I stated before it has not happened yet, but I am trying to prepare myself for a situation that is building up:

Tenant has bounced one rent check already, about six months ago, which after a telephone conversation was covered by certified funds.

Tenant seems to have incurred money problems in the last couple of months (judging from late payments, unpaid utility bills, telephone disconnected for a while, etc.)

My most recent conversations with the tenant have been met with great hostility (single sided), with the tenant venting his frustration with his failure to qualify for conventional mortgage and execise his purchase option, over me. Subsequntly, I have been unable to get a call-back to messages I have left on his answering machine. I also know that he sceens his calls on his caller ID unit and never picks up the phone when I call. All this leads me to believe that I would not be able to communicate with the tenant over a matter such as the one I described and a legal action of some kind will be my only recourse.

Bottom line is that the tenant is more trouble than it is worth and adding to the fact that he does not seem happy with his tenancy, a parting of ways would probably be desired.

Bo (GA)

Re: Evictions, etc. - Posted by Chuck(SWMO)

Posted by Chuck(SWMO) on March 11, 1999 at 21:07:35:

Try offering a small seperation payment to end both of your stressful problems. If you give the tenent a small portion of his option money back, he can move using that money, say by next Friday or so. You will save more in the long run and have far less stress than going through the “is the rent going to get here?” and “is the place still occupied?” or the “are the walls still there?” Pay a little, get him out quick, then save alot later.

Don’t forget to get a Quit Claim from the tenent just to protect you.