Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

After years of having a tenant pay late rent every month, we…

After years of having...

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?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Pennsylvania

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That's it for now

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/20/2017
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,880
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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

Ask Your Own Real Estate Law Question

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.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months 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.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months 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.

Ask Your Own Real Estate Law Question
Customer reply replied 11 months 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

Ask Your Own Real Estate Law Question
Customer reply replied 11 months 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
Category: Real Estate Law
Satisfied Customers: 32,880
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified
RealEstateAnswer and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Thanks, ***** *****

My pleasure.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask RealEstateAnswer Your Own Question
RealEstateAnswer
RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 32,880
32,880 Satisfied Customers
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases

RealEstateAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
we have a tenant who is on a month to month lease in wisconsin
we have a tenant who is on a month to month lease in wisconsin , we gave her a written notice that we are not renewing her lease and to be out no later then November 30th 14 . Today she told us she is… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Hello, My girlfriend and I rented a townhouse in Florida
Hello, My girlfriend and I rented a townhouse in Florida two weeks ago. We signed the lease on 8/16/14 and are already wanting to break it. Why we wish to break the lease: 1. The townhouse was markete… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I recently moved my mom (83yrs young, retired, and on fixed
I recently moved my mom (83yrs young, retired, and on fixed income) to live with me. She had been a tennant of 20+ yrs and was never late on any payments. When her lease was due for annual renewal she… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
Juris Doctor
32,880 satisfied customers
My daughter moved into an apartment in Oklahoma. The former
My daughter moved into an apartment in Oklahoma. The former tenant left all her furniture, stating that she was going to negotiate with the landlord to buy it. When my daughter signed the rental agree… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,366 satisfied customers
A tenant finds her money order after she has issued it to the
A tenant finds her money order after she has issued it to the landlord for rent. She then cashes it. She denies that she found it. The landlord has proof that she cashed it. How should the landlord pr… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Hi One of my tenants just left their apartment at the end
Hi One of my tenants just left their apartment at the end of the contract. However they didn't clean the apartment at all, in fact it looked like it hadn't been cleaned for 6 months! Additionally half… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
A woman in a overseas city agreed to rent my 2 bedroom condo
A woman in a overseas city agreed to rent my 2 bedroom condo starting in late August after seeing pictures and sending a friend to check it out. Two weeks before she was to move in, we had a surprise … read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I rented a property two years back. Original Tenant on Lease
I rented a property two years back. Original Tenant on Lease passed away who had made security deposit onaccount. Her daughter decided to move out and she gave us proper notice and moved out. I did a … read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
My tenants lease will be expiring soon. The husband and wife
My tenants lease will be expiring soon. The husband and wife are getting divorced and the wife plans to sign a new lease with me. She had paid me rent in advance a few months past the end of the lease… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My monthly rent was $1300 due first of the month to roommate.
My monthly rent was $1300 due first of the month to roommate. On April 4, I paid $1200 to my roommate. On April 7, we received a 3 day notice to quit (California) because I was late and also had withh… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
1) My lease for a short-term tenancy of the upper floor of
1) My lease for a short-term tenancy of the upper floor of my house in California states that if the tenant does not pay the rent on time there will be a 5% penalty fee. Can I claim this from the Secu… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
PLEASE READ the ENTIRE note I have placed a space between paragraphs
PLEASE READ the ENTIRE note I have placed a space between paragraphs to make reading easier. Questions are at the very end. Greeting, I will give you background information. My husband and I own a (2)… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
In my lease, North Tonawanda, NY, is a checklist for release
In my lease, North Tonawanda, NY, is a checklist for release of security deposit. It states "paint all rooms, walls, and ceilings, with Sherwin-Williams #SW-1117 Antique White (no substitutes) Can the… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My lease was up Nov. 22. I notified the owner (Jul 15th that
My lease was up Nov. 22. I notified the owner (Jul 15th that I was moving out Aug 15th. I paid her for Aug and Sept. She told me she had someone to lease the property as of Nov. 1. She wanted me to al… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,654 satisfied customers
My Husband and I payed a security deposit, last-months rent,
My Husband and I payed a security deposit, last-months rent, and 1st months rent upfront. We used our last-months rent credit towards our last month on the origional lease. We renewed our lease for an… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
We set up an appointment to view a house for rent. When we
We set up an appointment to view a house for rent. When we went to view it, the current tenants were in the process of moving and had not cleaned or removed their things. We were still interested in r… read more
Jill Schaffer
Jill Schaffer
Lawyer and R.E. Property Owner/Manager
JD Law Degree
56 satisfied customers
My wife and I vacated an apartment on June 30, 2008.
My wife and I vacated an apartment on June 30, 2008. Today, July 21, 2008 we received a partial refund of our deposit. The refund amount was $125 of the $400 deposit. No explanation was given as to wh… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,902 satisfied customers
My 83 year old mother had a year lease with five ...
My 83 year old mother had a year lease with five months left to the lease (May - September). She suddenly took ill with an aortic anuerysm and had to have major surgery. Doctors advised us that she sh… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x