Protection from bounced check : ezLandlordForms

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Vessela P

started a topic over 12 years ago

Hi, in a lease can I include a clause like - If there is a bounced check the renter needs to vacate the property within 30 days?

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Bob R

said over 12 years ago

Interesting. For sake of discussion......how would you get tenant to move after receiving a bad check?

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Vessela P

said over 12 years ago

This would be in a case where several months after the renter has already moved in a monthly's rent check bounces.

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Bob R

said over 12 years ago

I understand what you're saying, but how would you go about (method) evicting tenant for non-payment using your language as a bases? I other words, if tenant didn't pay, what would your next step be?

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Vessela P

said over 12 years ago

"In the case of a bounced check tenant will have up to 30 days to vacate rental premises"

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Bob R

said over 12 years ago

Sorry for the questions above. I was trying to understand what process you were going to use to remove tenant. Anyhoo….in CA if you have a lease, you can’t use a 30 Day Notice, unless the lease ends in 30 Days. Serve tenant a 3 Day Notice to Pay or Quit. If they don’t pay, you can start an eviction. There’s no reason to extend the time to pay or work out a payment plan. They’re stall tactics. An exception to this would be a tenant who has been with you for at least 2 years and has always paid on time and not violated the Agreement. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance

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Vessela P

said over 12 years ago

What do you think of this language. "Non payment of rent such as a bounced check is considered equivalent to termination of this lease agreement. In such case the tenant will be served a notice to pay or quit within 3 days. If tenant is unable to pay they will be evicted effective immediately."

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Bob R

said over 12 years ago

Vessela, it appears that you may be new to the rental business and creating your own rental agreement. Not a good idea. You need to be careful with your wording. "Evicted effective immediately" would not hold up in court. You will need to go thru an Notice and eviction process. Take a look at the CA Rental Agreement they offer here. It may be worth the cost or at least give you an idea how to create one. . -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance