Hello -

I am a little confused on what I need to do. I am the landlord and I have a one year lease with this tenant that is effective till 8/31/07. Problem #1 one the lease the date was written out incorrectly - the realtor wrote lease is to start on 8/31/06 and ends 9/1/06. Clearly that was a typo on the listing agents side. My first question is - will that cause a problem.

Second - the tenant informed me that she will be moving out April 5th 2007. Which is a breech in her contract. I told her that I would be keeping her two month security deposit and that will be all. I won't be collecting the remaining of the balance from the lease agreement. Problem now on 3/20/07 - her rent check bounced my bank account. It was deposited into my account on 3/13/07. I know the eviction process will take a month at least.

What are my options? I can give her the 5 day pay or quite notice but she will be moving out in two weeks.

How should I write my pay or quite notice? Does it have to be posted on the property? Can I just post it on the property or do I have to send it thru the mail?

Any advice will greatly be appreciated.

Thanks!

Landlord in distress.

excon

Hello landlord:

At the top of this forum, you'll find a "sticky" note with all the states landlord/tenant laws. Find yours, and follow it to the letter.

Of course, the badly written lease won't cause you a problem, because she's leaving long before that issue even comes up.

excon

ScottGem

I would tell her to make good on the check or you will turn it over to the police to prosecute for passing a bad check.

Giving you a check that bounced is a crime. You should give her the opportunity to make good as it may have simply been a mistake.

landlord advocate

As ScottGem mentioned: Tell her that passing a bad check is against the law and unless payment is made to you in cash immediately, you will file charges with the prosecutor.

I would not be posting the eviction notice. She is responsible for the payment for each and every month until the lease is over or it is re-rented. You should not have told her you would accept the security deposit only. Use the two month security deposit towards expenses to re-rent and rent. If, after two months the property is not rented, charge her for the additional time not rented and take her to small claims court. Posting an eviction notice and incurring additional expenses when you know she is leaving anyways is not prudent.

Fr_Chuck

I agree, I would just collect on the check, and if not turn it over to the DA or court for criminal action. ( and they also get your money back)