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    iolanda's Avatar
    iolanda Posts: 4, Reputation: 1
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    #1

    Jan 26, 2009, 07:46 AM
    Can landlord cancel lease if tenant fails to pay deposit
    Hi
    On Jan 17, I signed a lease agreement to rent my condo. The person interested to rent wrote me a deposit check at the time of signing the contract and asked me to deposit it on 1-20-2009 which I agreed to it. The person also gave a check for the first month rent and dated it to be deposited on 2-1-2009.
    The tentant is supposed to access the premise on 2-1-2009 which is next Sunday. However, I just had been notified from my bank that the deposit check was returned because of insufficient fund from the tenant, and I got charged $10 fee because of the returned check.
    The person has NOT been on time the couple of times that we met (no show 1st time- 1 hour late 2nd time to show apartment - 1/2 hour late 3rd time to sign contract), and now with the check returned because of insufficient fund, I am really nervous to pursuit with the lease. The person did not move in yet, and I would like to cancel our agreement. Can by Florida law cancel the agreement?
    In my lease says that the tenant defaults under the lease for any other reason as abovementioned the landlord may terminate tenant's rights under the lease...
    Please help.
    Thank you, Iolanda :confused:
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 26, 2009, 07:48 AM

    The deposit is covered in the lease, right? Well, you don't actually have the deposit so I believe the tenant broke the terms of the contract.

    I have found accepting postdated checks is not a good practice.

    The rest of this - being late for appointments - does not change the terms of the lease (contract) which rules here.
    iolanda's Avatar
    iolanda Posts: 4, Reputation: 1
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    #3

    Jan 26, 2009, 08:19 AM

    This is what I thought too. Thanks, Judy
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jan 26, 2009, 08:22 AM
    Quote Originally Posted by iolanda View Post
    This is what I thought too. Thanks, Judy

    Let us know how it works out. I think the tenant did you a favor, otherwise you'd be tied to this person for a year and I don't think it would have been pleasant!:)
    iolanda's Avatar
    iolanda Posts: 4, Reputation: 1
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    #5

    Jan 26, 2009, 08:25 AM

    This is true. I am glad that I was able to find it out before she moved in. Iolanda
    iolanda's Avatar
    iolanda Posts: 4, Reputation: 1
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    #6

    Jan 29, 2009, 04:55 PM

    Hi Judy,
    I never heard from the person after finding out that she had no funds to pay the deposit. Unable to contact her by phone since she disconnected her cell phones, I sent her by certified mail the termination of the contract due to non-compliance with the contract requirements. She received the letter yesterday. So far, she did not bother to call me. I am so glad that I find out what type of tenant she was going to be before she moved in. Thanks again for your support. Take care, Iolanda
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Jan 29, 2009, 05:16 PM

    If you gave them keys, this is one case where you need perhaps to change the locks, so they don't move in, once in, you will have issues.

    If not, please read your lease and make sure that it spells out in no doubt what happens if there are bad checks anytime during the lease
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