Hi, I leased an apartment of mine out to a couple who was very desperate, with kids, and had no where to stay. They gave me a check at first and sign

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Hi, I leased an apartment of mine out to a couple who was very desperate, with kids, and had no where to stay. They gave me a check at first and sign

Asked on May 11, 2009 under Real Estate Law, Kansas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

Hi there, I think we lost the rest of your question.  Let me take a few wild guesses with this one. If I am incorrect, please re-post with the full issue. You can also try consulting with a real estate attorney at www.attorneypages.com.

So, let's see: they gave you a check and it bounced? Or they gave you a check and then didn't move in? Either way, contract can be considered voidable but just to cover all bases, you may want to pursue eviction proceedings.  If you are seeking a new tenant becase they signed a lease and didn't move in, they may still be responsible for all rents until you find a new tenant.  In other words, you  have a duty to mitigate (lessen) your damages.


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