New tenants fist check NSF, second month rent late and pet violation

4 Replies

Fellow BPers how might you handle this situation:

a young couple had good references and rented a unit from me.  First check couldn't deposit as it was a starter check (not their fault).  They provided a second check returned NSF.  They paid cash to me after that.  

Second month of rent is July and I have not received a check.  I was going to use that as an opportunity to use erentpayment.com or another service but now I'm thinking eviction as I found out from the other renter, within the duplex that this couple has a pet and that this dog has been defecating in the small common area between the 2 units (right by the front door).  They specifically told me a month ago that they did not have pets and had no intent on getting pets.  The lease reflects this.

I emailed them about the lease violation and the late rent.  I asked that they call me and I left voice mail.  If I do not hear from them by tomorrow I am planning on hand delivering a default notice outlining my remedies per the lease and the lease violations while giving them 24 hours to try to reach an agreement with me.  The lease states that after that I may provide them a notice of eviction which gives them 24 hours to vacate the property.  It's a standard TX lease.

What would you do?

@Cory Adams   The part about them not having the rent for you right on July 1st I don't find to abnormal. My tenants mostly send their payments between the 1st and the 7th.

While I am not aware of the laws in TX specifically, if you have clearly in your lease that no pets are allowed under any circumstances and they not only have a dog but its using your property as a toilet I would move to evict based on a clear violation of the lease.

Serve them the notice and let it play out.  What you have to be ready for is, what if they pay you right away and have some sob story about the pet?  Will you stick to your guns and evict or give them a second chance?

OUT! They've been there less than two months - it's only going to get worse.

Originally posted by @Cory Adams:

...

a young couple had good references and rented a unit from me.  

...

Seems like the references you received were the phony sort, where you may have called one of their friends who was told to pose as the party giving the reference.  A starter check should be just as good as any other check if the account was actually open and had sufficient funds BTW. 

First months rent and full deposit is cash ONLY.  That's what I would have done.

And, yeah, if the rent is not in by the due date I will post a notice on the first day possible unless we have spoken and made arrangements.

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