AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question I rented my condo (in Virginia) to a woman who has bad credit because I was fooled by her 'up-front honest' approach. However, to protect myself, I signed a month-by-month lease with her. Ever since she moved in, she has always been late on rent. This month she told me 2 days after the rent was due that her checking account was fronzen due to some fraud. I verified with her bank and was told that she lied (Her checking account was not frozen). I still went ahead to accept her partial payment for July a week ago. She agreed in writing to pay me the remainder by 7/11. But after my phone call and email follow-ups today (7/11), I receive no response. What are my options? If I evict her, do I have to start with a notice in writing asking her to pay and if she fails to pay, then I evict her? What is the proper procedure? If she fails to pay or vacate, what do I do then?
Thanks
Thanks a lot. This is the first time I encounter this."
Answer Never accept late rent if you intend on evicting, especially partial payments. When you accept partial payments, you have technically renegotiated the terms of the lease. Wait until August. If she is late, post a 3 day notice. Evict her immediately.
