what do i do if my tenet says that he is not going to pay rent cause he is moving?

Answer 1

Don't return his deposit if his lease isn't over. If he's bailing on rent, then you can keep the deposit.

However, if his lease is up, he doesn't have to resign his lease. Then you WOULD have to give him back his deposit because he's free to move once his lease is up.

Answer 2

Unless you included "last month's rent" in the initial payments, he owes you money. He can not use his security deposit as the final month's rent. That money was give to you to cover any possible damage he does to the apartment. Take him to small claims court and DO NOT return his security deposit until this is settled.

If he signed a lease and is leaving before the term is up, you may need more than small claims court - depending on what the value is of the remainder of the lease.

If you are going to be a landlord, get yourself a book detailing the rental laws in your state. They vary greatly, and, trust me, the deadbeats know them by heart and use them to take advantage of landlords. You need to know them as well.

Do NOT lock them out of the apartment or cut off their heat/water/electric/etc. Unfortunately, the renter has most of the legal power, and you can end up owing him money if you do things against his rights.

Answer 3

I rephrase the question as. "What do I do if the tenent refuses to honor the contract to pay his rent?"

1. If you don't have a written contract that clearly shows his responsibility to the pay the rent for the specific time you ask, you will have a difficult time collecting. For instance, if the contract requires him to give you 30 day's notice, and he simply intends to move next week and NOT pay up to the 30 days worth of rent.

2. WITH a written contract, and you have reminded him of his obligations and he STILL refuses, you might try to find a local mediation agency in your community to help you resolve this. Many cities offer this service, for the exact situation you describe. You usually don't HAVE to do this, but it might either save you the next step, or make the next step easier.

3. The next step is to take the tenent to small claims court. As long as the amount asked is less than the court's maximum, ($5,000 or $7,500), you sue the tenent and take him to court. Be sure you bring good record, such as the contract I mentioned, and records of the rent payments he DID make. In California, the court will ask you to make, at least, one attempt to settle your case before going in to see the judge. Your mediation attempt may serve for this.

Here's the problem with small claims court. Even if the judge finds in your favor, and the tenent is told he owes you the money, it is still up to you to collect. The judge will not make him empty his pocket right there. If the tenent still refuses to pay, you may have to pay a fee for your local sheriff to help you collect. You may have to pay other fees to attatch his wages, assuming he has any wages to attach.

I don't want to paint a bad picture, here. Just want to illustrate the steps you may have to take to collect your money.

Answer 4

Do not refund any deposit money. If it is a large enough sum you could take him to small claims court. Make sure you have all the terms outlined in your lease agreement first, so you have something in writing to back up your case.

Answer 5

OK. You must have taken some advance rent deposit from him. Do not return that money until he pays the dues to you.

Answer 6

Take him to small claims court and sue for the rent money. Also do not return his deposit.

Answer 7

Get a court order to put them out.

Answer 8

gather your documents

work through magistrate (small claims) court.

*documents

any agreement he/she signed with you
all receipts for payment of rent

if you don't have documents, it may not be worth your time.

Answer 9

take the help of law