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My tenants security deposit check bounced, after she moved…

My tenants security deposit...

My tenants security deposit check bounced, after she moved in. she said it was a bank error and since her first months rent was fine i gave her time. now its the second month and i have not had this months rent nor the security deposit. do i have to do the full eviction process or since the lease was never fully etablished can i get her out sooner. I am in mass

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

Mass

Lawyer's Assistant: Has any paperwork been filed?

I have a signed lease only i was wondering if i needed the 14 day nnotice to quit

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Answered in 8 minutes by:
10/5/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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do i have to do the full eviction process or since the lease was never fully etablished can i get her out sooner.

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Unfortunately yes, you have to go through the whole eviction process as it sounds like you have a scammer who moved in and is trying to live off you for free..

.

So you have to start with a written 14 day notice and then proceed with a formal eviction action after that..

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And as a landlord myself for over 26 years, I can tell you to never take checks from tenants initially before you establish a relationship with them... Make them give you a money order, cash, cashier's check, certified check.. for the first month's rent and deposit to ensure that they don't pull something like this in the future.. If you do take a check, make sure you don't give them the keys before you are sure the check clears the bank..

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Once they take possession and move in, you are stuck with the full eviction route with them..

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Customer reply replied 10 months ago
can i serve the 14 day notice to quit electronically for example text or email ? i feel like she is now avoiding being home

No, that doesn't legally count.. Has to be paper notice signed by you either personally delivered to her by you or some other 3rd party. Or you can have it served on her by the sheriff or a professional process server..

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,062
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
thanks

You are very welcome. Happy to help any time.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

.

.

Have a great evening!

Barrister

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