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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27588
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a tenant who is two months behind on full rent. She

Customer Question

I have a tenant who is two months behind on full rent. She sent me two checks that have bounced and one money order that she dropped off in my mailbox for a partial payment.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good morning. Would you mind sharing with me what your question is?
Customer: replied 2 years ago.
Sorry. Want to know if what else I have to do if she decides that she is not moving out after the 14 days? What are my next steps?
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. Once you have provided her with the required notice to cure or vacate, you can start the eviction process and can file through the court. The fact that she dropped off a partial payment in your mailbox is not a legal basis for her to stay and if you want her out, should return it and demand payment in full. While your county may be different, the forms are likely the same, so you want to make sure the proper one was given. Here is a link. Then, you can go to the courthouse and obtain the forms to file and start the eviction process, so she is served. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Customer: replied 2 years ago.
Do I simply return the money order that she gave me in partial payment or do I write a check back to her for the money order amount then?
Expert:  RealEstateAnswer replied 2 years ago.
Did you cash it or deposit it yet or still actually have the money order?
Customer: replied 2 years ago.
I have the money order still wondering if I cashed it, it would make it muddier to evict.
Expert:  RealEstateAnswer replied 2 years ago.
You do not want to cash it. You simply want to return it and advise that unless the full amount of the past due rent is paid, you will proceed with eviction. If you accept it, then there could be problems trying to evict her.
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!