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This is my first time as a landlord. I rented my house in ga out, Because I am located in sc, we did everything though the mail and fax. I know i really messed up. I faxed the tenant a copy of the lease to be mailed back to me, along with the first months rent and deposit. She called and stated she had and put the sign lease and check in the mail. So in return I let my realtor give her the key. I recieved the check and put it in my bank account, then she called and said she forgot to mail the lease and she would put it in the mail. I haven't recieved the signed lease yet, and learned today that her check for the 1st months rent and desposit was no good and it was returned. I can not get ahold of her, and I know she is living in the house, I have talked with the neighbors. So I have no lease no money nothing. I need some advice!
Call the police and tell them you have a trespasser in the house.
Get a property manager that is located where your property is.
Only accept cash for deposits, and no checks if it's a quick move in. Always make sure funds are cleared before move in. If you insist on doing this "long distance" be sure you have money AND lease before they even think about getting a key. Also as large a deposit as your state allows.
You will no doubt have to evict this person. Better get started yesterday.
Gosh what a shame, Follow the procedures for the state of Georgia eviction process, you got scammed. That means your going to have to make a couple of trips (the demand or quit letter can be done through the mail), one to file the other for the court hearing, you also need to be there for the lock out, unless you have an attorney to handle the process on your behalf.
It might be advantagous to contract a property management co, they do the marketing, showing and screening of prospects as well as maintenance and rent collection, you pay a fee each month.
Just saw your post, your right, there's no signed lease, I quess that does make them a trespasser, but then she did give them a key??? confusing.
Quote:
Originally Posted by KonaKat
Call the police and tell them you have atrespasser in the house.
Get a property manager that is located where your property is.
Only accept cash for deposits, and no checks if it's a quick move in. Always make sure funds are cleared before move in. If you insist on doing this "long distance" be sure you have money AND lease before they even think about getting a key. Also as large a deposit as your state allows.
You will no doubt have to evict this person. Better get started yesterday.
CALL AN ATTORNEY! get them LOSERS out ur house.! I feel so bad for homeowners who go through this awful mess. Makes the rest of us renters work twice as hard to prove we are legit!
I'm taking a stab in the dark here but thinking that maybe you can indeed have the police get them out as trespassers since they obtained the key by false pretenses. Good luck - what a mess!
This is my first time as a landlord. I rented my house in ga out, Because I am located in sc, we did everything though the mail and fax. I know i really messed up. I faxed the tenant a copy of the lease to be mailed back to me, along with the first months rent and deposit. She called and stated she had and put the sign lease and check in the mail. So in return I let my realtor give her the key. I recieved the check and put it in my bank account, then she called and said she forgot to mail the lease and she would put it in the mail. I haven't recieved the signed lease yet, and learned today that her check for the 1st months rent and desposit was no good and it was returned. I can not get ahold of her, and I know she is living in the house, I have talked with the neighbors. So I have no lease no money nothing. I need some advice!
Call the police and tell them some one is tresspassing in your house. They needed to pay before entering and never did.
Never use that same realtor since she didn't do a good job to protect your best interest. The realtor should have advised you what to do or you could have done it on your own and the result is now the same.
Never ever give the keys until a check is cleared, if you haven't met the person. I always have people pay sec. deposit upon signing a lease and usually that happens a couple of weeks before moving in. Before moving in the first months has to be paid and I do background checks.
Now you have to add late fees, interest, cancelled check fees and never let them pay by check. I have in my lease if one check bounces, they have to pay cash for the next couple of months or the remainder of the lease.
Start the small claims court process and sent the tenants a certified letter stating their NSF and not returning the lease will be reported to the credit bureaus...perhaps they will start to pay, otherwise evict them.
Don't get into an ugly fight because they can ruin your entire property.
I did some quick research and in order to effect a trespass complaint in GA it seems you have to first give notice and advise the trespassers that they're not allowed on the premises and must immediately leave.
You may well need to spend some money on an attorney on this one. BUT, you might want to try this first:
Write a letter as follows to the (non) tenant at the address of your GA house and have a local and bonded process server deliver it.
"Dear ______,
I understand that you have moved into my property at (address) but I have not received the signed lease agreement from you as promised and have now been advised by my bank that the cheque (# and amount) you sent me for the first month and security has been returned for insufficient funds. I have not been able to reach you at (give details of previous contact info).
This is very unfortunate and I ask that you contact me immediately at _______ and advise how you plan to rectify this problem. If I hear nothing from you within two days of receipt of this letter, I regret I will have no alternative but to have you removed from the premises for trespass under the state of Georgia statutes. I hope that we can avoid such extreme measures." Sincerely yours, etc.
If you don't hear from them then follow through immediately and sock them for any damages too. I'm guessing you don't have any photographs to show the pre-move-in condition of the premises?
If they DO contact you to make amends and you allow them to stay then make sure that you cover all the bases which bentlebee outlined. Certified cashier's cheque or direct deposit for rent, photographs of the premises. It's common these days to require first, last and security and you might want to think on that in the future.
I agree that the realtor might at least have given you some cautionary advice but it was you who gave the OK for the keys to be handed over. So many, many mistakes you made but no point harping on what's past - just learn so you can cover everything from the get-go in the future. Good luck!
The police may have a hard time sorting this one out for you, since what determines trespassing or not is a contractual matter, and police don't handle those.
The simplest thing to do is to hire a contractor to go change the locks on the doors. And don't give them the keys obviously. If they still don't leave, hire a lawyer and let them handle it. Be prepared for some damage to the property.
Just as it is unwise to take a tenant's word that they are mailing the lease and a valid check, it is unwise for a tenant to take your word that you will mail the keys to them after they send you cash and the lease. It needs to be done in person. If you can't be there in person to do it, then have either the realtor do it or pay a property manager to do it. But it needs to be done face-to-face.
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