i am a first time landlord. i found a tenant and signed a lease. upon signing the lease the tenant told me that she would mail out a check the next day for the security deposit and the first months rent. it has been a 3 days since she told me that and i still not have received the check. her lease term begins january 1st so she has not moved in yet nor have i given her the keys yet. the lease states that the first month's rent is due when the lease is signed. techically she is 3 days late and is in default of the lease. the fact that the tenant is late with her very first rent payment concerns me. can i terminate the lease and find a new tenant?
2007-12-05 13:21:33 · 7 answers · asked by tom 1 in Business & Finance ➔ Renting & Real Estate
Hi there. I am a landlord. I have a block of 6 flats and 3 houses.
Yes she is in default and as your tenancy agreement states the depost and rent in advance is required upon signing. Then the agreement is nul and void as she has not carried out her side of the contract.
With Christmas post it may just be held up. I would allow a week in total then get a new tenant.
Although you are no obligated I would send her a letter telling her you have found someone else.
2007-12-05 13:28:35 · answer #1 · answered by davetumalty 4 · 0⤊ 1⤋
I would definitely begin by having a conversation with her. Everything else is speculation. You can take action and I am sure you will do so, however, you could honor who she is by giving her the courtesy to check in on her. Maybe something happened? Maybe it is delayed in the mail. Maybe something else happened. In asking her directly, you will get very clear as to whether you are getting off on the wrong foot or whether life just happened.
PS. I have one tenant who is religiously 4 days late due to when she gets paid. I have also paid a tenant to leave to avoid eviction when they religiously never paid or paid in excess of 30 days late. You honestly can create an honest person out of a dishonest one by simply trusting and then acting on behalf of what is so, versus having some form of distrust relating it to something that happened in your past experience of life.
2007-12-05 22:57:45 · answer #2 · answered by Cutiepie88 2 · 0⤊ 0⤋
You did not say what state you live in. However, yes she is late. You need to send her a certified letter with receipt return. In the letter you must draw you exactly how she has breached the lease agreement and then terminate it, in writing the letter.
She may have changed her mind and did not have the courtesy to let you know. Either way, when things start off this way, they will only go down hill. Get rid of her before you have to remodel.
2007-12-05 21:31:36 · answer #3 · answered by Anonymous · 0⤊ 1⤋
The USPS takes time, I'd give her at least 5 days for the mail to get to you. If you agreed to accept payment this way, you have to give it time to get to you! You can't consider it late if you agreed that it would be OK for her to mail it. And no, I wouldn't consider it late, not at all, she said it woudl be put in the mail the next day, so that right there cancels at least one of the days you are counting her as late, and the travel time for the mail accounts for several as well, lighten up a little and think things out next time before you make agreements for payment arrangements.
2007-12-05 21:32:10 · answer #4 · answered by meg b 3 · 0⤊ 0⤋
Well, you CAN probably terminate on the basis of default, but it's only been three days. Do remember that this is the holiday season and the postal service is SWAMPED. I'd give it a few more days.
2007-12-05 21:39:59 · answer #5 · answered by acermill 7 · 0⤊ 0⤋
If she's not following the lease, yes. As long as she hasn't moved in yet, you do not have to give a 30 days notice.
2007-12-05 21:29:27 · answer #6 · answered by fishtrembleatmyname 5 · 0⤊ 1⤋
I agree with the other posters but why not try to call her and see what her intentions are. There would be fewer delays and you could advertise for another tenant.
2007-12-05 22:11:20 · answer #7 · answered by ? 6 · 0⤊ 0⤋