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

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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 12 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.

 


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