If you are a property manager of an apt complex or an owner of a leased property, please help!

Question

On 7/3, my husband and I accepted a signed leased and a $500 deposit from a guy who needed a new place to live beginning on 8/8/2008 (today). We own this one bedroom condo in a very hip area of town, and he showed much excitement. I did a background and credit check and both came up very clean. He seemed to be a nice guy, and we all seemed to be moving forward nicely. His rent is prorated for the month of Aug (8/8-8/31) so it was due yesterday so he could get the keys, but he will not return our calls. My husband and I are concerned that he has "found something else" so he is just ignoring us. We are not sure what his rights are, but we feel we should find another renter ASAP. I made a mistake of not collecting his first month rent at the time of the lease signing and collection of deposit. Now I know that I should do this. My husband and I are inexperienced in this area, but we are quickly gaining experience as we are finding (no surprise though) that people will outright lie to us to save a few bucks (it's very upsetting to us). Anyway, I am worried, but I am trusting that God has a lesson for me and a plan. :) But my question here is this... what are "HIS" rights? I guess we can take this to small claims b/c he has a signed 12 month lease. But what if he is planning on mvoing in on Sat but is just taking his time? help?

Answer 1

I have never had this happen.   But then, I collect the first months rent when the contract is signed.   Also, I collect a full month and give them the prorated discount the second month.

Since he has a signed lease it is legally his, he just has not paid you rent.

Post a 3 day notice on his door, just as if you were starting eviction.   Take a date stamped picture of the notice on the door.

If at the end of 3 days the notice is still there and no rent has arrived take another picture and then go down and start filing for possession based on abandonment.

Although ethically you should evict, it would cost more and take longer.

Answer 2

you might want go to this link it will most definately answer your question

http://www.rentlaw.com/georgialandlord.h...

Answer 3

This is what we do, and it works beautifully!  When someone pre-rents our apartments, after they pay a "hold" deposit, (deposit + first months rent), I have them sign a paper that states, (among other things), that if they don't move in on a certain date, they forfeit any payment they made to me to hold the apartment.  Lets say that their official move in date is August 8th, on August 9th, if I don't hear from them, I start showing the unit again and rent it to someone else.  They don't get any money back that they paid to me.  I have been taken to court over this and win every time because it is all in writing and signed by the prospective tenant.  Legal in Pennsylvania, but check in your state.  Pennsylvania has good strong laws for landlords.

Answer 4

Well, you can take him to court and may have to do that.  I'd give him a week and if you don't hear from him procede with the court case.  He may have gotten stuck out of town and doesn't have your number or perhaps he got sick and is in hospital...give him the benefit of the doubt first.