Renters legal contract
Hi All if a tenant in Maryland that signed a 1 year lease contract paid the deposit and half month rent and moves in but her check bounced and I have received not a penny in payments. Do I have to seek legal eviction process or can I bar her from entering the unit and remove her stuff and place at the curb. I believed her to allow her to move in being a teacher and she keeps postponing every week saying she will pay and I have collected no money from her. Please advise. Thanks
Tell her the bounced check is Check Fraud subject to 3x the face value in damages.
You can not bar her entry nor even change the locks :sigh:
Give her the proper 3-day pay or quit for your state and include a cover letter informing her this is all-or-nothing and Eviction will be the result of non-payment. It will not look good to the school district if they determine her eviction (do not contact the district).
Please research the laws for Maryland as every state is different:
In Texas, you will not be prosecuted for a bad check to a landlord. I can change the lock but i must provide a key if they ask for one
My guess is that you are goinf to have to evict. @Russell Brazil do you have any insight?
Originally posted by @Greg H.:
Please research the laws for Maryland as every state is different:
In Texas, you will not be prosecuted for a bad check to a landlord. I can change the lock but i must provide a key if they ask for one
My guess is that you are goinf to have to evict. @Russell Brazil do you have any insight?
You have to evict, at least in the counties I am familiar with. If it's eastern shore or western Maryland, I'm not sure but in all of the DC and Baltimore area counties I think you need to go through an eviction if they have taken possession of the property.
Never turn over property unless you have certified funds or until the check clears.
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@Stanley Dean Start the eviction process. It will take a while so the tenant will have plenty of time to pay if she really intends on paying.
You generally do not need a lawyer, you can do it your self. In my area of MD you can use rent court agent. It is cheaper than a lawyer. Google "Rent court agents" in MD or your city. Some have good info on their websites.
You can also check out Baltimore Neighborhoods Inc (BNI). They have landlord tenant laws on their site.
MD attorney here. Yes, you do have to go to court to evict her. A non-paying tenant is still a tenant. You have to take legal action to get possession of the property back. Just locking her out is an illegal eviction, which is a crime.
Thank you all. Great insight and Feedback. Russell Brazil Thank you for the Tip. I should have obtained secured funds and then given her the key. But I was in crunch of time having being out of town and back to lend her the key and her being a Teacher I kind of trusted her. Its a learning lesson.
We require that a new tenant's move-in money be paid strictly in cash. If they bring a money order we invite them to cash it and come back for the keys. If a new tenant came with the deposit and half a month I would write a receipt for the deposit and a receipt showing half still due on the move-in rent. I'd take their money and invite them to come back for the keys when they put together the rest of the money. If it's a mid month move you still collect a full month rent and deposit at move in and then prorate the second month.
if shes moved in, its hers. If not, dont let her in until money is yours. you cant do your own eviction. (Fyi, money at move in is cash or money order only). Non payment of rent = failure to pay rent filing (step 1 of eviction) myrentcourt.com is a good service