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legalgems, Arbitrator
Category: Real Estate Law
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Experience:  Just Answer consultant at Self employed
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I gave a new tenant that paid her deposit and first months

Customer Question

I gave a new tenant that paid her deposit and first months rent with a Bluebird check that requires a code, she gave this check to mh mother bdcause I wasng in town. The cr ed fitbunion called to verify funds, they were not able yo cadh the check , its been 8 days , she still hasn't cleared the balance , she keeps making excuses. She had given my mom money orders not equally the total smount required for move in. The water was to be turned on once she paid her move in full..she has late fees that are due .. my contact advise if rent not paid on the first late fees will begin the next day. I told her i would give her a couple days v to clear thd check. Anc tg hen late fees would start,,she didn't pay on the agreed date informed her the agreement is off. Does she have to go with the late fees as agreed on the agreement. .
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  legalgems replied 6 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 6 months ago.

To be clear, the lease specified a certain amount in late fees if the rent was not paid by a certain date?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
there are text messsges too
Expert:  legalgems replied 6 months ago.

Thank you for your patience as I researched this;

Yes, so long as the lease specifically mentioned late fees, a landlord may charge a reasonable late fee if the rent is not received on time- this means the full amount of rent; if a check is dishonored that does not constitute payment.

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Customer: replied 6 months ago.
i turned the checks over to the DA ,
Customer: replied 6 months ago.
What do I do about the water,,
Expert:  legalgems replied 6 months ago.

The DA can prosecute for the bad check; but from a civil perspective the LL would need to sue in small claims.

Was the water turned on?

Customer: replied 6 months ago.
Customer: replied 6 months ago.
There was a bill from the last tenant ,,i wasnt aware
Expert:  legalgems replied 6 months ago.

So what is the exact question please?

Customer: replied 6 months ago.
Om waiting on her to pay her deposit and first month rent..
Expert:  legalgems replied 6 months ago.

Yes, if the tenant does not pay deposit and then first month's rent they would be in breach of the contract and they can be evicted.

Customer: replied 6 months ago.
Can i still collect if I turned the checks over to the Da,, i can't afford to evict
Expert:  legalgems replied 6 months ago.

Yes, as nonpayment would be the basis;

a criminal proceeding does not preclude a civil suit-in fact a conviction will result in the civil court finding for the plaintiff (so the plaintiff would not have to prove anything-the criminal court would take care of that)

Customer: replied 6 months ago.
Do i neef to keep texting her about payment
Customer: replied 6 months ago.
Hello is it harassment to keep asking for payment over text, she will not answer the phone when I call
Expert:  legalgems replied 6 months ago.

It is best to send a written demand letter.

Basically requesting the amount due and asking that it be paid by _ date or one will proceed with obtaining a small claims judgment

continual attempts can be considered harassment; that is why the written complaint is best.

Kindly rate positively if no further questions.

Customer: replied 6 months ago.
I can start an eviction at any time because of the return checks for the move in fees
Expert:  legalgems replied 6 months ago.

Yes, but one needs to give notice of the eviction before proceeding with filing the court documents.

Expert:  legalgems replied 6 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!

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