Weird tenant eviction scenario....

[Jesse Birdwell]

Hello all, hope someone can provide me with some intell. I am in a weird situation with one of my SFH Rental's in Tennessee. On July 1 I had a tenant move into the house. Meet her the Saturday she moved in and collected her 1st month rent and deposit of $1275. She asked if I could wait a day or so to cash it I said no problem at all. End of the week I deposited her check. The next Wednesday the bank called and informed me her check was written out of a closed account. I called tenant and she said I'm sorry I already got you a money order and mailed it. Another week goes by and of course no money order. She claims they lost it. Now we're on week 3 and of course I realize she's beating me around the bush. My question is this. And may be a dumb question at that but I have never had to evict anyone in 5 years of doing this. Is our signed lease agreement valid and binding being that initial funds were technically never colllected? If so what steps does anyone suggest I take to get this tenant out?

[Randy E.]

File for eviction.  You have a signed lease with the tenant.  The fact that she never paid does not negate the fact you have a legally binding lease signed by both parties.  

Next time, never accept deferred payment on a deposit/1st month payment.  Either receive it in check well before the move-in date so you can make sure it clears, or better yet, insist on a money order or electronic transfer.

If you've never evicted before, go to clerk of courts office in the courthouse and ask for the eviction forms, and follow the instructions.  Or hire an eviction attorney.  This woman is no shrinking violet.  She will drag this out and stay there without paying for as long as you allow it.  Put a stop to it by filing for eviction now.

Good luck,