 Bounced Deposit Check (by Renee McCormick [GA]) May 22, 2009 11:42 AM
 Bounced Deposit Check (by ManateeAlley [FL]) May 22, 2009 11:51 AM
Bounced Deposit Check (by Terry [CA]) May 22, 2009 12:03 PM
Bounced Deposit Check (by Echo [GA]) May 22, 2009 1:33 PM
Bounced Deposit Check (by Steve [FL]) May 22, 2009 5:01 PM
Bounced Deposit Check (by JC [OH]) May 22, 2009 6:19 PM
Bounced Deposit Check (by Irish [MD]) May 22, 2009 7:25 PM
Bounced Deposit Check (by Hamlet [GA]) May 24, 2009 9:32 AM
Bounced Deposit Check (by Renee McCormick [GA]) Posted on: May 22, 2009 11:42 AM
Message:
State Specific Question About: GEORGIA (GA)
One of our renters just bounced their deposit check. We have a $50.00 late fee charge built into the lease agreement but are unsure of how to proceed in collecting the money since it is deposit and not rent. Please advise. --68.211.xxx.xxx |
Bounced Deposit Check (by ManateeAlley [FL]) Posted on: May 22, 2009 11:51 AM
Message:
Have you given them the keys yet? --67.191.x.xx |
Bounced Deposit Check (by Terry [CA]) Posted on: May 22, 2009 12:03 PM
Message:
It's likely the clause in your agreement specifically relates the late fee to unpaid RENT therefore no you should not charge it if that is the case.
That said you should a NSF fee in your lease and obviously you CAN charge that.
What is worrisome is that you took a personal check for a deposit..something you should never do!! When they move in, the FULL first month's rent and the FULL security deposit must be paid via CERTIFIED FUNDS...BEFORE possession is given - no exceptions. Please change to this procedure going forward. --207.200.xxx.xx |
Bounced Deposit Check (by Echo [GA]) Posted on: May 22, 2009 1:33 PM
Message:
I only take cash for SD and first months rent. Did you get 1st month rent too? Was it a check, did it bounce? Does you lease address this at all? Also I probably wouldn't use my real whole name on a public LL site, tenants can be sneaky. --74.243.xx.xxx |
Bounced Deposit Check (by Steve [FL]) Posted on: May 22, 2009 5:01 PM
Message:
This is one of my final background checks before move in. I want them to write a check as long as it's a local bank where I can go directly to their bank to cash their check. On a few occasions, they've bounced checks at this stage. But by doing so, it told me what I would have experienced had they moved in.
Hopefully you didn't give them the keys yet. If you did, maybe GA allows for criminal prosecution like FL. Either way, you'll probably have to start the notice/eviction process. --67.166.xxx.xx |
Bounced Deposit Check (by JC [OH]) Posted on: May 22, 2009 6:19 PM
Message:
What Steve from FL said....hopefully you didn't give them keys and maybe it is just an honest error...if not you could have a problem and consider it a valuable lesson learned. --24.106.xx.xxx |
Bounced Deposit Check (by Irish [MD]) Posted on: May 22, 2009 7:25 PM
Message:
Hmm...a bounced Sec. Dep check...nothing mentioned about 1st mo. rent or lease signing...
As for me, I never handle these issues separately...
I always take SD, 1st month rent and the lease signing all at once...
Sounds like you took a SD sorta like a holding fee...time to re-think your tactics... --71.168.xx.xxx |
Bounced Deposit Check (by Hamlet [GA]) Posted on: May 24, 2009 9:32 AM
Message:
Two thoughts on this:
(1) I assume they have signed a lease and given you the deposit with a future move in date. If so, my (non-legal) opinion is the lease is not valid - as long as you haven't accepted any other money from them. I would inform them of that and give them a chance to make it good - but give them 3 days max - you're not enforcing a bad check, you are trying to give them a chance to keep their lease in force. If they have keys, but haven't moved in yet (and I hope not - on both counts), change the locks. Be sure to inform them in writing that since they failed to pay the deposit (or any other money), the lease they signed is not valid.
If they have moved in with or without paying rent - you CANNOT change the locks, and you made a big mistake by giving them the keys. Your next step is to sue them in small claims court for the deposit (after making a written demand for the deposit to be paid).
If they have not signed a lease and not moved in, and you have just taken their check to hold the unit, then "no harm, no foul" - no relationship exists between the two of you. You have no action against them, you are still looking for a tenant (and it sure isn't going to be them). But you still need to let them know in writing what has happened.
(2) I don't think you can use the bad check laws to collect the deposit. You can only go after the maker of a bad check if you have given them something of value in return for the check - and I don't think you could make that case for a security deposit, since it is their money you are holding to insure their performance under the lease.
On balance, this episode is fortunate for you, because it is a clear signal that you don't want to rent to these people. If you have taken other money from them (rent), you're stuck with them for now. But they won't last long - sooner or later - probably sooner - rent will not be paid, you can be sure of that. And you must evict when they give you the opportunity.
I'll say this one more time: YOU DON'T WANT THESE PEOPLE AS TENANTS. --98.66.xxx.xxx |
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