Tenant signed lease 9/01 hasn't paid or moved-in - Posted by Joe

Posted by Natalie-VA on September 21, 2006 at 10:52:34:

Joe,

I would review the lease very carefully to ensure that I am within my rights.

Next, I would call the agent’s broker and demand immediate resolution.

If you don’t have a satisfactoy resolution within 24 hours of that call to the broker, I would call a RE attorney in that area to consult with him on your next moves.

–Natalie

Tenant signed lease 9/01 hasn’t paid or moved-in - Posted by Joe

Posted by Joe on September 18, 2006 at 08:11:13:

Hello everyone,

here is my current situation any advice would be much appreciated. I own a loft in south Florida and i reside in North Carolina. My good friend’s wife is a realtor and is handling my property. She found a tenant who signed a year lease from Sept. 1, 2006 to August 31, 2007.
He has put a security deposit down but still hasn’t paid first and last months rent. The deposit money is in an escrow account set up by the realtor through an attorney so i have yet to see any money. Supposedly the tennant is out of the country and has been having “troubles” wiring the money owed into the escrow account. I have a strong reason to believe my realtor is catering to this man because he has told her he would be buying a house after his lease is up on my loft. It is now the 18th of the month and i have yet to receive any rental payment.
The guy is planning on moving in sometime after the 20th. I would like to have a friend go change the lock and end the lease due to non-payment and my realtor bascially jerking me around. She has controlled everything in this situation and does not want me to talk to the tennant. I have been nice to her because she is my good friends wife but I have had enough.
My question is, if the tenant hasn’t moved anything into the loft can i legally change the lock and cancel the lease due to non-payment? There is a property management company that manages the building and they told me to go ahead and do it because they have final say so on who moves into the property. I just want to get a new trustworthy realtor who specializes in rentals in the area and be done with it. I’m worried this guy is going to move in and pay rent late every month or not pay rent at all. What would you recommend.
Thanks,
Joe

Change lock and tell T and REA - Posted by John Merchant

Posted by John Merchant on September 21, 2006 at 15:48:37:

I’d change the door lock and simultaneously tell the agent, in writing,that you’ve done so because “you got worried about who might have the key without authorization” without being more specific.

And tell the agent that as soon as the guy gets back here from abroad, you’ll be glad to meet him over there and exchange keys with him…at which time of course you’ll also tell him to pay you what he agreed or no new key, but don’t put that in writing to the agent or tenant.