Tenant playing games?

[meldresler]

I am in Virginia and looking for your instinct as well as legal advice.

It is the 19th and I have not yet received the rent on my condo that was due on the 1st. This is the tenant's second month renting (I never had a problem with the two previous tenants in 3+ years).

Anyhow, she sent a check that arrived on the 10th - she had been out of town and "hadn't realized" the rent would be due?? I sent the check to my bank; they returned it on the 15th because she had written "$1150" in the numeric line and written out "One thousand and fifty" in the other line.

I called her, explained the problem, and requested another check. In the meantime, I looked at the check and she had dated it 8/8/3 (instead of 7/8/3) so it would have come back anyhow.

She immediately sent another check, but it made exactly the same error - "One thousand and fifty". I called her again. Then my husband left a message saying that, pursuant to the contract, she should get us a money order or face eviction.

She called back saying she would send another check in the mail; nothing about the money order; nothing about driving it to our house; nothing about the late fee or returned check fee.

The soonest I will get it is the 21st. I don't even know if it will be good or not as far as money being available (not to mention if there will be some other strange error). Who knows about the August payment.

We used a contract from a book called "Landlording" that's vague on eviction. What do I do next? Are these common games or is she just an airhead.

Note: her mother was supposed to co-sign the contract - she gave me her mother's credit report (excellent credit), but I never got a signature. Pulling teeth here.

 

[JETX]

Obviously, we don't know, nor did we approve, your tenant so we can't tell if she is an 'airhead' or just playing games.

The question now becomes... what do YOU want to do.

1) If you want her out, give her a '5 day notice to vacate' in writing as provided in Virginia Code:
"§ 55-225. Failure to pay certain rents after five days' notice forfeits right of possession.
If any tenant or lessee of premises in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere used for residential purposes, and not for farming or agriculture, being in default in the payment of rent, shall so continue for five days after notice, in writing, requiring possession of the premises or the payment of rent, such tenant or lessee shall thereby forfeit his right to the possession. In such case the possession of the defendant may, at the option of the landlord or lessor, be deemed unlawful, and he may proceed to recover in the same manner provided by Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01. "

2) If you want her to stay, then invoke the rights of your lease and demand that she pay the late fees as stipulated in your lease. You can also demand that the payment be in money order or cashiers check.... including all late fees. If she pays less than your demand, you must return the partial payment.

The Virginia Landlord-Tenant Code can be found online at:
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000013000000000000

Oh, and get rid of those 'generic' store bought leases and get a real one. A sample can be found at:
http://www.uslegalforms.com/samples/VA/VA-864LT.pdf

And youcan buy one at:
http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-VA-B-resident~leas~virginia

 

[HomeGuru]

The 5 day notice should have been sent certified rrr mail on the day the first check did not clear. Also, a good lease agreement form is the one the VA Association of Realtors use.

 

[meldresler]

Follow up

OK, OK, I get it.

1. Can I evict her and still collect the rent and late fees (for July)? Can I also keep the security deposit?

2. Just an aside, can I charge a return check fee (per our contract) if I haven't sent it in to the bank (because she has made exactly the same error that caused the previous check to be returned)? I don't want my bank to think I'm an idiot.

3. If we evict her and she doesn't leave the property, do we call the police, or what?

4. This one is for anyone out there (retailers?): has anyone heard of check writing scams where people make stupid errors with the date or the line where you're supposed to write out the amount? Is this some kind of hedging strategy for deadbeats? Legally I guess it doesn't really make a difference.

Thanks -

 

[JETX]

"Can I evict her and still collect the rent and late fees (for July)?"
*** Yes.... and no. The tenant is liable for the rent and fees until the day that they leave.

"Can I also keep the security deposit?"
*** Not in itself. You have to comply with your states security deposit laws.

"Just an aside, can I charge a return check fee (per our contract) if I haven't sent it in to the bank (because she has made exactly the same error that caused the previous check to be returned)? I don't want my bank to think I'm an idiot."
*** No. If the bank didn't return the check (because you didn't deposit it), then it hasn't been 'bounced'. No fee. Also, it is YOUR responsibility to have reviewed the check when you accepted it.

"If we evict her and she doesn't leave the property, do we call the police, or what?"
*** You follow through with your states 'unlawful detainer' process.

"This one is for anyone out there (retailers?): has anyone heard of check writing scams where people make stupid errors with the date or the line where you're supposed to write out the amount? Is this some kind of hedging strategy for deadbeats? Legally I guess it doesn't really make a difference."
*** Not really. As I noted above, you have a responsibility to REVIEW the check when you accept it. If you had done that, you would have been able to correct the error immediately. You didn't, so you have some responsibility.

 

[meldresler]

Great advice, thanks.

My only reply: having the documentation from my bank that the check was returned, well, at least gives me a paper trail. (Our contract stipulates $30 for each returned check and that she must pay with money orders if 2 checks are returned so I sort of feel like I need the documentation - not that I want to keep this up or anything, nor do I plan on sending the second one in, just making a point).

Good night and thanks again!

 

[meldresler]

PS - I'm receiving the checks by mail so I can't just hand them back to her and ask her to correct the errors.

 

[JETX]

Then why don't you call her and stop by to get the rent?? Don't tell me you are trying to rent your property long distance.... are you?? If you are, get a local property manager. Long distance rentals never work!!!

 

[meldresler]

Oh hi - I'm 2 months late replying because I thought the problem was solved; came back to find the info again because it's the 4th and no check yet (I called her mother and that did the trick for July and August but here I am again).

Anyhow, I'm not renting long long distance. I'm about 20 (25?) miles away and I have a toddler and a lousy car. I guess I could just knock on the door (but it would take almost 2 hours round trip - Northern Virginia traffic, etc.).

 

[HomeGuru]

Oh hi - I'm 2 months late replying because I thought the problem was solved; came back to find the info again because it's the 4th and no check yet (I called her mother and that did the trick for July and August but here I am again).

Anyhow, I'm not renting long long distance. I'm about 20 (25?) miles away and I have a toddler and a lousy car. I guess I could just knock on the door (but it would take almost 2 hours round trip - Northern Virginia traffic, etc.).

**A: maybe you should consider hring a professional and experienced rental management company.