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Old 04-18-2013, 09:49 PM
 
3 posts, read 8,819 times
Reputation: 10

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Seeking advice on this bizarre situation...

I sent check for March rent to landlord in early March by mail, as I normally do.

April rent bill received at the end of March, showed that March rent was not paid.

Called rental management company when April rent bill was received to discuss the outstanding amount. Told them rent was paid by check (provided the ch. # to them) and was concerned that check was lost in the mail or sitting on a desk in the management office.

Management co. told me to 'wait a few days' (into early April) to see if the check would clear the bank. After waiting, check still had not cleared. Emailed management office to say that I was putting a stop payment on check and would issue a new check for the March + April rent. I sent the check to them and this check cleared the bank on April 8th. The normal grace period to pay monthly rent is 5 business days.

On both April 15th + April 17 I received 3 copies of a Three-Day Notice to Pay Rent or Quit for the March & April rent. The letter was dated April 4th.

I called the management company again and they said the Three-Day Notice to Pay Rent or Quit is automatically sent by their attorney when the rent has not been received by the end of the month.

What advice do you have for next steps in handling this matter?
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Old 04-18-2013, 09:57 PM
 
43 posts, read 76,674 times
Reputation: 43
Keep records/copies of you checks sent.

You are 100% clear in this situation.
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Old 04-18-2013, 10:04 PM
 
3 posts, read 8,819 times
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Thanks...I don't have a copy of the check that was lost, but I have proof the bank put a stop payment on it.

Is there anything I should do to respond to the attorney's? The management company apologized for them sending so many letters (I've received 7 in total) and will issue a credit for the stop payment fee. I want to make sure this doesn't 'accidentally' impact my credit rating.
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Old 04-19-2013, 03:26 PM
 
Location: NY,NY
2,896 posts, read 9,794,330 times
Reputation: 2074
Quote:
Originally Posted by LoriSpring View Post
Thanks...I don't have a copy of the check that was lost, but I have proof the bank put a stop payment on it.

Is there anything I should do to respond to the attorney's? The management company apologized for them sending so many letters (I've received 7 in total) and will issue a credit for the stop payment fee. I want to make sure this doesn't 'accidentally' impact my credit rating.
There is little issue. You paid the rent.

As far as your credit. I suggest you start paying the rent ON TIME by the 1st of each month when it is due!

For example, April 8th, means both March and April were late.

Another example, you stated you paid March rent in early March, again the rent is late!

Sure there is a five day Grace Period, but the period is NOT intended for the manner in which you are using it, to pay your rent late.

It is intended for UNFORESEEN instances, such as the 'lost check'. If you pay your rent on or about the 31st of each month, then you w/h 5 days to insure that your check has cleared, and your rent is paid. This is what the grace period is for! It is not an extra 5 days in order to get up the rent!

Btw, you need to get into the habit of insuring your checks are received and cleared ON TIME! It is your responsibility that your bills are paid. It is not acceptable for you not to notice March rent was not paid, until you received April's invoive. A lost check, not immediately noticed, is a late payment. The fact that the check was lost, does NOT make the lateness forgiveable by a creditor. For example a credit card company will perceive the lost check as a late payment, and will likely report the payment as such.

Now, in regard to your rental credit record, what you need to be concerned with is any record of an eviction proceeding. Three day notices are simply notices required by law necessary to be given in order to proceed with court eviction.

As long as you were not served with a Notice of Appearance, no Index Number was purchased and assigned, no papers filed with the court, and no fees paid, then nothing will turn up, when, and if a future LL were to perform a court check. Which is the oly true concern as rental payment records are not reported to the credit agencies, so no worries in that regard.

Yet, fyi, if you pay your credit card bill in the same manner as your rent, that is regular use of the grace period, then your credit record likely shows a consistent record of 1 to 5 day lateness. Not a completely horrible record, but not prisitine perfect, and the interest rate you pay likely reflects the less than perfect record.

Of course, it all depends upon the dilgence with which your creditor reports your payment record. Credit Card companies are normally very diligent. If so concerned, I would call and ask and/or run a credit check to be sure.

Bills are due on the "Due Date"!!!!

Luck!
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Old 04-19-2013, 04:59 PM
 
6,192 posts, read 7,330,651 times
Reputation: 7569
Quote:
Originally Posted by jcoltrane View Post
For example, April 8th, means both March and April were late.

Another example, you stated you paid March rent in early March, again the rent is late!

Sure there is a five day Grace Period, but the period is NOT intended for the manner in which you are using it, to pay your rent late.

Bills are due on the "Due Date"!!!!

You know that her rent was late for sure? In my last apartment, rent was due by the 15th. That was the due date.
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Old 04-19-2013, 10:54 PM
 
3 posts, read 8,819 times
Reputation: 10
The management company gives tenants the option of leaving the rent payment with the doorman for the 1st five business days of the month. Doorman logs the envelope into a tracking system and envelopes received each day are picked up by a courier. The management company accountant calls the doorman to track payments have been received. I was traveling during March and couldn't take advantage of this service and had to use the mail instead. I normally leave the rent with the doorman during the 1st five business days and never had a problem. In addition, the management company often does not deliver the rent bill to tenants until the last day of the month. The bill includes electricity, so it's not like I can just write a check for the recurring rent amount only...I have to wait until I see the bill in order to include the amount for electricity.

In April, I left the rent payment (paid in full for March & April) with the doorman within the five business days and the check cleared the bank on April 8. The March rent was technically late because the check was not received by the management co. However, I brought the issue of the missing rent to the attention of the management company on March 29 and they failed to mention to me that 'Three-Day Notice to Pay Rent or Quit' notices are 'automatically' sent by their attorneys in the last week of the month. Interesting to note is that the date on the letter is April 4...but I did not receive the first letter until April 15. If the letter is a 'Three-Day Notice' the 3-day period would have expired the week prior to receiving the notice. Also, the letter states that the late amount was for March & April...when I believe the April rent was not technically late, since I gave it to the doorman within the time limit.
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