If my tenant’s last 2 rent checks have never cleared due to insufficient funds and he informed me he is moving out a month early, what should I do?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my tenant’s last 2 rent checks have never cleared due to insufficient funds and he informed me he is moving out a month early, what should I do?

Asked on January 7, 2012 under Real Estate Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your tenant's last two rent checks failed to clear and you were just advised that he is moving out a month early, you need to sit down with him and see what he intends to do to make good on the last two checks and the month that he is moving out early on.

I suggest that you have him sign a promissory note to you for the amount of the two months that he still owes you on containing an an attorney's fees clause with a rate of interest where he agrees to pay you what is owed at so much per month until paid in full.

I sense that you will get stuck being owed a substantial amount of money in unpaid rent. I would get the name and address of his employer. You should also consult with a landlord tenant attorney because I suspect that you will end up having to chase this tenant for the amount of money owed you for rent.


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