Tenant check at lease signing has bounced !

[Andy K]

Hi,

I would like some advice from experienced folks on the board about an urgent matter. I signed a lease with a tenant and at the time of lease signing, they gave me a check for the move-in funds. They got the keys and have moved in. Few days later I find out that the check has bounced! When I mention to them that they have not paid and should move out, they have not been co-operating. Its already been 12 days now that they are living in the home without paying anything.

My question is, what can I do now to get them out of the home? Since bouncing a check is a crime, can I report it to the local police department or the DA's office? Since the move-in funds were not received, is the lease in default now?

I accept that we did make a couple mistakes in going with these tenants. One was not running a thorough screen on them before lease signing. Now we find out that the tenant has a past eviction and also a theft felony on her record few months ago. Another mistake was getting in the move-in funds with a personal check and giving them the keys before we know the check has cleared. Won't be repeating these mistakes again.

Looking for advice going forward about what I can do to get them out of the home at the earliest possible. Thanks for your help.

[Steve Babiak]

What does the lease say about failure to pay rent on time? Usually, that leads to presenting a "notice to quit" - basically, pay up, or get out, or we will evict. You have to go through the eviction process now, since you have given this tenant possession of the premises. Since you are so new, you should get yourself a good eviction attorney; I suspect that this tenant knows the game they are playing better than you do ...