Small Claims or Evict? (by Glen [NJ]) Jun 23, 2013 3:43 PM
Small Claims or Evict? (by Ken [NY]) Jun 23, 2013 4:17 PM
Small Claims or Evict? (by Cal [NY]) Jun 23, 2013 4:22 PM
Small Claims or Evict? (by Glen [NJ]) Jun 23, 2013 5:21 PM
Small Claims or Evict? (by Glen [NJ]) Jun 23, 2013 5:22 PM
Small Claims or Evict? (by BRAD 20,000 [IN]) Jun 23, 2013 7:23 PM
Small Claims or Evict? (by Robert,OntarioCanada [ON]) Jun 23, 2013 7:53 PM
Small Claims or Evict? (by Gwen [OH]) Jun 24, 2013 3:09 AM
Small Claims or Evict? (by S i d [MO]) Jun 24, 2013 5:27 AM
Small Claims or Evict? (by z060-0 [ON]) Jun 24, 2013 6:24 AM
Small Claims or Evict? (by z060-0 [ON]) Jun 24, 2013 6:26 AM
Small Claims or Evict? (by Nicole [PA]) Jun 24, 2013 9:13 AM
Small Claims or Evict? (by Glenn [NC]) Jun 24, 2013 12:24 PM
Small Claims or Evict? (by Cal [NY]) Jun 24, 2013 6:59 PM
Small Claims or Evict? (by Glen [NJ]) Jun 24, 2013 7:31 PM
Small Claims or Evict? (by BRAD 20,000 [IN]) Jun 24, 2013 7:35 PM
Small Claims or Evict? (by Glen [NJ]) Jun 24, 2013 7:57 PM
Small Claims or Evict? (by Glen [NJ]) Jun 24, 2013 8:05 PM
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 23, 2013 3:43 PM Message:
State Specific Question About: NEW JERSEY (NJ)
I have a tenant who should be gone/vacated unit by now. I will be confirming shortly. Long story short they bounced April's and half of May's rent and haven't paid June's yet. They gave me checks for April and May, they usually paid cash (paid cash for half of May's) and those checks both bounced. Wife and I didn't catch it until early this past Monday, had never had a problem with them before but should have made sure checks cleared.
Contacted tenant immed & was told, "Oh, we just noticed that ourselves. Can't you just take out of security deposit?" Prior to bounced checks tenant had said they would be paying on 15th of June. I had okayed this b/c never had a problem before......you all know what happened on 15th. "Oh, I'll pay you on the 20th". "Oh, I'll pay you on Saturday". They haven't paid.
Here's my question. They said they s/b moved out yesterday. I contacted them telling them I'm showing the unit tonight with no response from them. If I show the unit and they are indeed gone do I even need to file eviction or just file claim in small claims court for rent owed?
Thanks for your advice & insight......I've already beaten myself up over the mistakes I made and they won't happen again. In regards to that, when do you file for eviction when rent hasn't been received from your tenants? --69.120.xx.xxx |
Small Claims or Evict? (by Ken [NY]) Posted on: Jun 23, 2013 4:17 PM Message:
You should be able to take the bad checks to the Sheriff for collection --24.92.xx.xxx |
Small Claims or Evict? (by Cal [NY]) Posted on: Jun 23, 2013 4:22 PM Message:
I'm thinking too that if they do leave and there is no (or very minimal damage) ... does the security deposit cover the past rent owed? If it does, then you may be ok, just write them a letter indicating everything and if it comes to a few bucks that they owe you in the end you may want to just say "lesson learned" on your part and leave it alone.
If it's enough for you to want to take them to court ... then do that.
Good luck! --74.78.xxx.xxx |
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 23, 2013 5:21 PM Message:
Just got back and tenants have indeed vacated. The bounced checks for April & 1/2 of May's rent are covered by the security deposit. June's rent still remains unpaid. So do I need to file eviction and then file in small claims court or is filing for eviction a moot point as they have vacated already? --69.120.xx.xxx |
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 23, 2013 5:22 PM Message:
Just to clarify....after applying security deposit to unpaid rent they still owe me June's rent, plus late fee, plus fees for bounced checks. --69.120.xx.xxx |
Small Claims or Evict? (by BRAD 20,000 [IN]) Posted on: Jun 23, 2013 7:23 PM Message:
Glen, I don't know your local system, but please DO file for your money.
For the sake of other readers, they played Glen, just like we've all been played. They knew back in April they were broke and probably told lots of lies which sounded really sincere and Glen was a nice guy.
Glen, now, are you ready for autodraft? No waiting for the bank to tell you the check bounced. --67.175.xx.xxx |
Small Claims or Evict? (by Robert,OntarioCanada [ON]) Posted on: Jun 23, 2013 7:53 PM Message:
First one must determine is the tenant still in possession of the rental unit by living there or the tenant has left. Go by at night see if there any lights on then going off. If the tenant has not left then file for a eviction. If the tenant has left then file with small claims where one may have to notify on the court date. --74.220.xxx.xxx |
Small Claims or Evict? (by Gwen [OH]) Posted on: Jun 24, 2013 3:09 AM Message:
There is a possibility they will have the money in their account later. Try cashing them at their own bank. Now that they have moved they may think they are in the clear.
Around here writing a check for the amount that the rent is is a felony. I would need a police report to take it to the prosecutor. Anytime there is a change in a tenants habits--like paying by heck instead of cash--be very careful. This is when you check with their bank to see if it will clear. Nancy from MI always said tenants can go bad when they are getting ready to move and no longer have to keep you happy. --174.130.xx.xxx |
Small Claims or Evict? (by S i d [MO]) Posted on: Jun 24, 2013 5:27 AM Message:
As Brad said, time to stop accepting paper (aka rubber) checks. 1/2 of my tenant pool doesn't even have a checking account. They just take their monthly rent (cash or money order, my account will NOT accept personal checks) to my bank and hand it to the teller, who then writes their name, payment amount, and the date/time on the deposit ticket. Tenant gets a copy as their receipt of payment. The money hits my account immediately. Overnight, the bank scans their copy of the deposit slip. I can see it online the next day and note on the tenant's account that they're good to go.
No more arguing, no more fussing, no more lying...okay, the first two still occur, but I know FOR A FACT when rent is or is not paid. Either that or auto-draft makes sure you don't have to mess with the kind of crud you just endured. Consider adopting either one of these systems to reduce stress, improve your business and generate more profits. --108.250.xxx.xxx |
Small Claims or Evict? (by z060-0 [ON]) Posted on: Jun 24, 2013 6:24 AM Message:
Tenant storing all kinds of junk for her boy friend in garage. He moved out 2 months ago. Is this right? Should I tell her to get it out of there. What a mess --24.235.xxx.xxx |
Small Claims or Evict? (by z060-0 [ON]) Posted on: Jun 24, 2013 6:26 AM Message:
Opps. Should have posted this somewhere else, sorry --24.235.xxx.xxx |
Small Claims or Evict? (by Nicole [PA]) Posted on: Jun 24, 2013 9:13 AM Message:
not sure how your laws work as you've got several different issues.
what if you collect on the bounced checks via the criminal system. use the security deposit for June rent and damages.
if you use security for the oldest first - the bounced checks, they're probably uncolletible for the newest (June) monies. --71.173.xxx.xx |
Small Claims or Evict? (by Glenn [NC]) Posted on: Jun 24, 2013 12:24 PM Message:
As Gwen said, you can cash those bounced checks, assuming they haven't put a stop on the individual check, or closed the account.
You can actually call the bank prior to trying to cash them. They won't tell you how much is in the account, but they will tell you if a check of a certain amount will clear. Call anytime, but payday is a good time to try.
Of course, start with the biggest check first. Once they see it has been cashed, they may stop other checks that you have.
--50.82.xxx.xxx |
Small Claims or Evict? (by Cal [NY]) Posted on: Jun 24, 2013 6:59 PM Message:
For sure Small Claims ... if they are truly gone, go in with video and PROVE it.. File for small claims immediately.
MAke sure you go in with the preparation that they will say anything and everything (if they even show up) that you were a slumlord ... they will. Keep it focused on what you are there for if you can.
Many times they may try to get you paid up prior to so they don't need to go to court (judges love that ... clears their docket) ... or they may not show up (then you win). Get a judgement ... find out if they own anything (vehicles, etc) that are free and clear ... have them sold at auction.
Good luck! --74.78.xxx.xxx |
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 24, 2013 7:31 PM Message:
How does one cash bounced checks? Do I call the bank and ask them to put through the checks again? I deposited the checks at an ATM and am no longer in receipt of the checks.
Will be filing in small claims court Wednesday morning. Also calling his contact that he put down on the application as to who would be responsible for payment if he is unable to pay ....his mother.
--69.120.xx.xxx |
Small Claims or Evict? (by BRAD 20,000 [IN]) Posted on: Jun 24, 2013 7:35 PM Message:
If Momma ain't happy, ain't NOBODY happy!
Did Mom also sign the lease? if so, call her and tell her you are about to sue her - she might not want her name in the paper and her credit whacked. --67.175.xx.xxx |
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 24, 2013 7:57 PM Message:
Brad 20,000 ....No she didn't sign the lease. But I did meet her briefly once. She was so happy I rented to her son. He has a son himself (her grandchild) and she rented in the complex across the street so it was ideal for them. Close but not living together. Not sure how she will react but he put her down as the contact and since he hasn't returned any of my calls I'll be calling her around 9am tomorrow and be letting her know that Wednesday morning I'm filing in small claims court. --69.120.xx.xxx |
Small Claims or Evict? (by Glen [NJ]) Posted on: Jun 24, 2013 8:05 PM Message:
As several have suggested, I'm going to institute a "deposit rent at the bank in this account" method. I only have 2 rentals but it seems that many of my past tenants have paid with cash or money orders. I don't think many of them have bank accounts so auto-draft wouldn't work.
Thanks for the suggestion. It was been at the back of mind for some time now but now I'm going to get it done. Plus saves me time and money having to run over and pick up the rent ....though I did like taking a look around and seeing how they were keeping the unit. --69.120.xx.xxx |
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