I have mailed the check excuse

General Landlording & Rental Properties
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I have mailed the check excuse

Jay P.
Oak Brook, IL · Member since 2016 · 83 posts · 7 votes

Hi All, 

I have a court hearing for judgement on May 3rd.

The tenant and I agreed at the end of March that all rent from Feb to Current would be paid by April 15th. This was a court order agreement. 

So far, I received a check TODAY (May 1 2017) for 50% of the rent he owed for Feb. 

He is emailing my attorney and myself saying how he has mailed out the checks for the previous months and that they must be lost in the mail or that I am not cashing them. 

He did send this one check I received "certified" but nothing else was certified. 

Does this type of excuse work in Court to delay this judgement further? As I am guessing his end goal is to delay and get as long as he can for free. 

Thanks

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Deanna McCormick
Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
9y

For everyone out there if you accept a settlement agreement with your tenant, the payment is to be made by money order or cashiers check only on the said date, by set time. at set place. so no error for payment. If they don't pay you don't wait you go back to court the next day. 

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  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    this is dupage county. 

    That way they can ask all the questions they need to. 

    Who knows if a change of lawyer is going to help much. 

    It's just a bad situation and the judge is allowing the tenant to get what he wants which is to stay until June and pay no rent or utilities and let me get stuck with it. 

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  • Lakshay G.
    Small Business Owner · Fallston, MD · Member since 2014 · 145 posts · 20 votes
    9y

    @Jay P. All the best and thank you for sharing this on bigger pockets. I am a new real estate investor and I know I will be running in problems like these although when screening tenants process almost always occurs, stuff like this still happens. May I ask whether you screened this tenant? No offense, just trying to learn.

    Thank You.

    1Reply
  • Jay P.
    OP
    Oak Brook, IL · Member since 2016 · 83 posts · 7 votes
    9y

    @Lakshay G.

    My realtor screened him when they found him, 

    Wont be using this realtor again for next time if the property doesnt sell

    1Reply
  • Joel OwensBusiness Member
    Moderator
    Real Estate Broker · Canton, GA · Member since 2010 · 15k+ posts · 11k+ votes
    9y

    Sounds like a tenant friendly state. I avoid those like the plague.

    In my state of GA people usually get thrown out in 30 days. Maybe 60 if they really drag it out unless they file bankruptcy or something else extreme.  

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