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Updated over 7 years ago on . Most recent reply

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Mary Carr
  • San Bernardino, CA
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Security deposit was paid on a closed account

Mary Carr
  • San Bernardino, CA
Posted

I rented my house and the tenant paid security deposit with a 3rd party Check on a closed account, now tgey have moved in and i find out. Do i have to go through the eviction process or can I just make them get out of my property? I am n California 

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Jon Holdman#3 Real Estate Deal Analysis & Advice Contributor
  • Rental Property Investor
  • Mercer Island, WA
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Jon Holdman#3 Real Estate Deal Analysis & Advice Contributor
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

Yep, you're going to have to go through the eviction process.  Always, always, always get a FULL month's rent and the FULL security deposit IN CASH at lease signing.  You've made a serious mistake and there's going to be a price associated with that error.  I suspect you're dealing with a knowledgable, professional tenant who knows they're dealing with a new landlord.  I would start by requesting they pay you the security deposit in cash or money order right away.  If you get any pushback, you're dealing with a pro.  Hire an attorney.

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