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  1. #1
    Join Date
    Aug 2008
    Posts
    3

    Default Signed a Contract but Never Paid

    A renter who signed a contract, but never officially moved in... is he still obligated to pay the rent?
    We rented our home out to a guy who signed the contract for renting (possible lease to own) our home. We gave him the keys and the remote to the garage. Because he moved in on the 20th of the month, we prorated the rent to be 1/3rd of monthly rent. He gave us a check for 1/3rd of the rent, however asked us to wait 2 days before cashing the check. We waited 4 or 5 days before cashing the check, only to be told that the check bounced. We tried to contacting the renter, and he said he was out of town and would talk about everything with us in a few days. He called us after a few days, explaining that his counselor adviced him not to move back in with his wife (he originally wanted to rent the home for his ex-wife and him to get back together). He said he was willing to pay us for the 1/3rd rent. However, I informed him that he had to notify us 30 days prior to moving out (ACCORDING TO THE CONTRACT). he said "alright, I'm easygoing, I can pay that". So he agreed to meet me on one morning at the home. (I FELT bad for him so I said if he gives us the check soon, we would accept the 1 month rent without the 1/3rd rent) Well.. I went to the home and waited for him for 2 hours (calling him numerous times), his phone was turned off and he never showed. I called him and his daughter for 2 days straight and never got an answer (his 13 year old daughter said he was out of town, I didn't want to tell her the details of this issue). He finally answered my call this morning saying he was still out of town and he would be back by later tonight. I was trying to tell him about how I waited for him for two hours, but he disconnected the phone before I was able to explain anything. I sent him a text message explaining that I waited for him, and need the keys and the check as soon as possible but never got an answer! WHAT DO I DO!?!? PLEASE HELP! I have his social security number? do I HAVE to hire a lawyer? we just want our money and keys back!!

    (I really don't think we're being unfair in this ordeal.. we're just really frustrated.)

    he asked us to be patient with the deposit, so we split the deposit in 3rds and was going to have him pay 1/3rd of it every month for 3 months. so we do not have a SINGLE cent from him. HOW DO WE GET MONEY FROM HIM? and what are we entitled to from him? PLEASE HELP!

    if we change the locks, can we make him pay for the cost of the locksmith?
    this renter looked so trustworthy, I don't think he even goes to our property at all. I just feel uneased knowing he still has the keys to the property and can come and go as he pleases.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Signed a Contract but Never Paid

    Quote Quoting LKe
    View Post
    We rented our home out to a guy who signed the contract for renting (possible lease to own) our home.
    What do you mean, "possibly". You wrote the contract and it's right there in front of you - is it "lease to own" or not?

    This is a month-to-month lease? If not, what was the lease term? Have you started seeking a replacement tenant?

    If your claim is for a months' rent, that's something you can try to recover in small claims court. If he's a deadbeat (and it sounds like he is), there's no guarantee that you'll be able to recover the money. But in all honesty, you're better off learning the lesson while only losing a month's rent, than learning it after he moved in, trashed the place, and ran up a six month arrearage.

    Next time, don't settle for less than a full security deposit up front, no post-dated checks permitted. And any time you have a tenant who is late with rent, serve a three-day notice so that if they don't keep to their word about paying you can quickly continue with eviction.

  3. #3
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Signed a Contract but Never Paid

    I would add - don't give out keys and a garage door opener without receiving any money.

    And, I would agree that it is best to learn from the experience costing you a little; it could have been much worse. I recommend that you contact him again and tell him that if he will return the keys and the garage door opener, you will not pursue it farther. Accept any method of delivery he will agree to - him bring it to you, meet him somewhere, mail it to you (last choice but better than nothing) etc.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Signed a Contract but Never Paid

    If you permit him to mail the items to you, I suggest asking that any mailing be tracked, and that he forward to you the tracking information. Otherwise, be prepared to deal with a claim that the items were "lost in the mail" and that "It's not my fault you never received them."

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