Advance annual rent came up short! : ezLandlordForms

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Edwin C

started a topic over 7 years ago

High-risk tenant (credit score w bankruptcy) agreed to pay full annual rent in advance as a condition of lease approval for a high-rent property (+$4k/mo). Though +90% was paid prior to move-in, with the promise to pay the balance the following 30 days after move-in (to which I now reluctantly agreed to), I have been in chase mode since... 3 months now! Tenant no longer responds to texts, phone or emails. Demand for Payment notices continue to be sent with late charges accruing. They're technically paid through 11th month of a 13 month lease; however, late charges will cut into that. Can I evict for Breach of Lease, and, if so, do I owe them unearned rents? Other suggestions appreciated. #regretful

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Matthew M

said over 6 years ago

Hello and I agree with both Stan & John as both seem to be spot on. However, that advice is hindsight. However, the only way you can legally evict someone is through the county court once a lease is signed. Since you're dealing with an issue in excess of $40k,(4k x 12 x .90) vs 11 months of prepaid occupancy, seek legal. Good Luck

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John P

said about 7 years ago

Agree with Stan. High risk tenant who has $50K in cash is NOT on the up and up. My H fell for that and eventually had to evict because there is never any more money forthcoming. Whether or not you can evict depends entirely on the wording of the lease. Sounds like they paid up for several months. I think you need an attorney.

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Stan M

said over 7 years ago

What is the Breach? Is it in the lease that they would pay the balance in 30 days? valuable lesson learned. When someone flashed $$$ at you, turn and run. Interesting....why a 13 month lease?