Can I start eviction proceedings on a tenant who paid rent late with a check that was returned by her bank for endorsement cancelled?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I start eviction proceedings on a tenant who paid rent late with a check that was returned by her bank for endorsement cancelled?

Asked on August 1, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes you can start eviction proceedings on a tenant who paid rent late with a check that was returned by her bank due to insufficient funds and the check has yet to clear. However, before you do so, I recommend reading the terms of your written lease with the tenant (assuming there is one).

Its terms control the obligations between you and her regarding the lease. Potentially there is a provision in the written lease you have discussing what you need to do when a tenant's payment is returned due to insufficient funds.

If so, you need to follow its terms.

If you do not have a written lease with your tenant, you have the option of serving upon her a 3 day notice to pay or quit, or an eviction notice to simply end the lease.

Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption