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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28319
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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After years of having a tenant pay late rent every month, we

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After years of having a tenant pay late rent every month, we did not renew her lease. She gave us a post dated check for her last months rent and asked us not to cash it at the end of the month. She moved out, left the apartment in deplorable condition. In her final letter, she stated keep the security deposit to clean and remove furniture that she left. She then proceeded to stop payment on the rent check that she asked us not to cash until the end of the month. Do we have any legal recourse? She also did not leave a forwarding address. Can we file a police report?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Pennsylvania
JA: Has any paperwork been filed?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's it for now

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Good morning. I am sorry to hear about the situation. When a tenant leaves, they need to leave the rental in the same condition as when they took possession, less any normal wear and tear. If they fail to do so and the landlord incurs costs in cleaning it and repairing it, they can impose a claim on the security deposit and if it is not enough, sue for any money which is owed, after a demand to pay is made. Now, if she stopped payment on the check and did so in bad faith, you can speak with the police about this as there may be a basis to make a demand she cure it plus any fees and if she does not, she could be charged criminally. You also can sue her for money and rented owed, so you have the civil route as well.

Customer: replied 27 days ago.
She did not leave a forwarding address. How do we notify her of actions we are taking? He have emailed her and called, but no response yet. What happens if we win judgement and she still won't pay. Can we garnish pay? How does that t effect her credit?

You could send all correspondence to her last known address, even if it is the rental, in hopes she has her mail forwarded. As far as the civil lawsuit, you would need to find her and serve her and if you get a judgment and she will not pay, for after her money or assets to satisfy it. This can also be reported to her credit.

Customer: replied 27 days ago.
Can she be served at her place of business? Will the usps give a forwarding address?

Once you file the lawsuit, the process server or Sheriff, will run a skip trace to find out where she is and serve her.

Customer: replied 27 days ago.
Do I first file with a magistrates? How much time do I have to give her to make good on the check before I file?

Here is the statute which addresses it and states how long you have to give her to correct this and what needs to be done, before going to the State,to have charges filed. If they file and charge her, they will recover the money that is owed, as far as restitution.

http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=18&div=0&chpt=41&sctn=5&subsctn=0

Customer: replied 27 days ago.
Thank you very much for your time. Is there anything else I need to know?

You are welcome. Make sure to document and keep records of everything along the way, since this will need to be used as evidence. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

RealEstateAnswer and 2 other Real Estate Law Specialists are ready to help you
Customer: replied 27 days ago.
Thanks, ***** *****

My pleasure.