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Old 09-18-2007, 04:24 PM
 
Location: W. Hollywood
1 posts, read 10,874 times
Reputation: 14

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Hello Everyone,

I'm a newbie to this forum. I have posted on other sites but I still need help with my situation:

I have lived in my apt for 1 year in Aug. It's a month-to-month in W. Hollywood. The "agent" who collects the rent, lives in a town pretty far away so he comes and collects my rent check usually on the weekend before the 1st (the day my rent is due).

The rent checks were always deposited on or after the 1st, but this last time he collected the rent check, it was deposited on the 30th which is before the rent is due...

I have direct deposit so the money isn't there until the 31st or the 1st. Since he deposited it before that time, the check didn't clear and I had to pay a NSF charge... and then I received a call on the 11th that the check bounced and I needed to pay a late fee.

I resent a new rent check including a late fee. And I wrote that I would be post-dating the checks for the 1st. However, I read that most banks don't honor post-dating and the check could be deposited again before the 1st and I would end up paying another NSF fee and late rent fee.

What do I do???
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Old 09-19-2007, 07:42 AM
 
Location: Long Beach, CA
2,071 posts, read 11,429,068 times
Reputation: 1778
Mail him the check on the 30th and he should have it on time by the 1st or 2nd.
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Old 09-19-2007, 09:00 PM
 
80 posts, read 175,589 times
Reputation: 77
hmmm, have you talked to the bank about cashing the post dated check prematurely? Ask your bank, what you can do; call the bank or visit the branch and ask to speak to the Operations Officer or Operations Manager. If you've been getting direct deposit for awhile, your bank should cut you some slack and pay the check (even though they'll still charge you a fee).

Do you have a grace period? Most rental contracts have a three to five day grace period. With that in mind, you could mail it on the 30th like a previous post advises and still not be late.

And, explain to the rental agent that you won't be able to hand him a check if he's going to deposit it early and you'll be mailing it from now on. Why on earth does he drive into town to get your check? You should also explain that if he cashes the check prematurely you won't be paying late fees if it bounces.
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Old 01-16-2008, 09:37 PM
 
1 posts, read 10,536 times
Reputation: 11
Quote:
Originally Posted by just_chelle View Post
Hello Everyone,

I'm a newbie to this forum. I have posted on other sites but I still need help with my situation:

I have lived in my apt for 1 year in Aug. It's a month-to-month in W. Hollywood. The "agent" who collects the rent, lives in a town pretty far away so he comes and collects my rent check usually on the weekend before the 1st (the day my rent is due).

The rent checks were always deposited on or after the 1st, but this last time he collected the rent check, it was deposited on the 30th which is before the rent is due...

I have direct deposit so the money isn't there until the 31st or the 1st. Since he deposited it before that time, the check didn't clear and I had to pay a NSF charge... and then I received a call on the 11th that the check bounced and I needed to pay a late fee.

I resent a new rent check including a late fee. And I wrote that I would be post-dating the checks for the 1st. However, I read that most banks don't honor post-dating and the check could be deposited again before the 1st and I would end up paying another NSF fee and late rent fee.

What do I do???
You are correct about banks not honoring post-dating. Once a check is written, it is valid for deposit. It is actually illegal to write a check if you do not have sufficient funds at that time to cover the check.

Check your lease to see if it stipulates how rent may be paid. I would be suprised if you cannot mail the check. Under California Law, your rent check is considered paid on the day it is mailed. Assuming your rent is due on the 1st, mailing it on the 1st will legally be on time.

The agent cannot legally require you to write a check prior to its due date.
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Old 09-28-2011, 08:03 PM
 
1 posts, read 4,104 times
Reputation: 13
We paid our rent through the 16th of September, 2011 and moved out on the 5th because our landlady was pressuring us to move so she could move in a new tenant. We gave proper 30 day notice in August. She refuses to return our rent and has moved a new tenant in on the 10th. Is that legal?
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Old 09-28-2011, 08:18 PM
 
Location: Monterey, CA
276 posts, read 688,954 times
Reputation: 140
Quote:
Originally Posted by KaliforniaKid View Post
You are correct about banks not honoring post-dating. Once a check is written, it is valid for deposit. It is actually illegal to write a check if you do not have sufficient funds at that time to cover the check.

Check your lease to see if it stipulates how rent may be paid. I would be suprised if you cannot mail the check. Under California Law, your rent check is considered paid on the day it is mailed. Assuming your rent is due on the 1st, mailing it on the 1st will legally be on time.

The agent cannot legally require you to write a check prior to its due date.
Thanks for the info. I did not know that. I always pay for rent a few days before, but like the OP, I post date it. I handed the check over today but I put the 1st on it. I guess my landlord is cool.

To the OP, like the others have said, mail it in!
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Old 10-06-2011, 10:09 PM
 
Location: California
178 posts, read 305,891 times
Reputation: 133
Quote:
Originally Posted by bosko View Post
We paid our rent through the 16th of September, 2011 and moved out on the 5th because our landlady was pressuring us to move so she could move in a new tenant. We gave proper 30 day notice in August. She refuses to return our rent and has moved a new tenant in on the 10th. Is that legal?

Did you do your walk thru and give the keys? If yes it is legal. Since she moved a tenant in on the tenth you could sue for the six days rent. But look at your lease. It should state something about being responsible for the term of your lease unless the landlord is able to turn the property over to a new tenant. In this case she rented it during your term. Hardly worth the fight though.
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Old 10-06-2011, 10:14 PM
 
Location: California
178 posts, read 305,891 times
Reputation: 133
Quote:
Originally Posted by just_chelle View Post
Hello Everyone,

I'm a newbie to this forum. I have posted on other sites but I still need help with my situation:

I have lived in my apt for 1 year in Aug. It's a month-to-month in W. Hollywood. The "agent" who collects the rent, lives in a town pretty far away so he comes and collects my rent check usually on the weekend before the 1st (the day my rent is due).

The rent checks were always deposited on or after the 1st, but this last time he collected the rent check, it was deposited on the 30th which is before the rent is due...

I have direct deposit so the money isn't there until the 31st or the 1st. Since he deposited it before that time, the check didn't clear and I had to pay a NSF charge... and then I received a call on the 11th that the check bounced and I needed to pay a late fee.

I resent a new rent check including a late fee. And I wrote that I would be post-dating the checks for the 1st. However, I read that most banks don't honor post-dating and the check could be deposited again before the 1st and I would end up paying another NSF fee and late rent fee.

What do I do???
I would read your lease. It has to have specific payment instructions. Since they were jerks I would make them stick to the letter of the lease. If it isn't specific then tell them you will not hand over the check until the 1st.
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Old 11-09-2012, 05:55 PM
 
3 posts, read 4,789 times
Reputation: 10
Rental law does not allow for the landlord to collect double rent. Hello Small Claims Court! Get your money back!
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Old 11-10-2012, 02:12 AM
 
9,769 posts, read 9,448,716 times
Reputation: 21510
evelynminnie---is right on this. If your rent was paid for the month, the landlord took illegal possession of the unit, when she moved someone in while you were renting the unit. She owes you money.
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