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I gave a new tenant that paid her deposit and first months

Customer Question
rent with a Bluebird check...
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: 1 year ago.Category: Real Estate Law
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Answered in 2 minutes by:
9/16/2016
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 10,845
Experience: Just Answer consultant at Self employed
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

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

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Customer reply replied 1 year ago
there are text messsges too
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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.

Please see:

here

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care

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Customer reply replied 1 year ago
i turned the checks over to the DA ,
Customer reply replied 1 year ago
What do I do about the water,,
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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?

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Customer reply replied 1 year ago
No
Customer reply replied 1 year ago
There was a bill from the last tenant ,,i wasnt aware
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

So what is the exact question please?

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Customer reply replied 1 year ago
Om waiting on her to pay her deposit and first month rent..
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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.

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Customer reply replied 1 year ago
Can i still collect if I turned the checks over to the Da,, i can't afford to evict
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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)

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Customer reply replied 1 year ago
Do i neef to keep texting her about payment
Customer reply replied 1 year ago
Hello is it harassment to keep asking for payment over text, she will not answer the phone when I call
Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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.

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Customer reply replied 1 year ago
I can start an eviction at any time because of the return checks for the move in fees
Real Estate Lawyer: legalgems, Arbitrator replied 1 year ago

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

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Real Estate Lawyer: legalgems, Arbitrator replied 1 year 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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