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Old 01-18-2011, 08:59 PM
 
3 posts, read 18,034 times
Reputation: 11
Default Landlord won't cash rent checks, am I protected?

Hi, I live in NYC. My landlord has not cashed the last two months of rent. I always pay on time so there's no problem there. This landlord is fairly new and not very responsive when communicating with them. They always seem to give me the run around.

Anyway, since I'm maling the rent to their PO Box, I don't get a rent receipt. I've been sending the rent with delivery confirmation as sort of my personal proof that it was sent.

Now I'm wondering, could they somehow be pretending to not receive my rent and then hit me with an eviction notice? Additionally, would those delivery confirmation slips hold up in court to say they were mailed to them? I'm not really sure what to think and perhaps I'm jumping to conclusions but it's just frustrating to check my bank every day in the hopes that they cash the checks and the money is still there.

Any input would be appreciated
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Old 01-18-2011, 10:35 PM
 
Location: The Wild West
841 posts, read 1,464,135 times
Reputation: 1126
I would send them a note or call to inquire. Remind them that if they don't cahs the checks for 6 months they become "stale" and the bank won't take them. (I'm not sure what the law is, but you could probably get away with charging them a "re-issue" charge if you have to replace the check.)

Also mention that it complicates your bank accounting when the money is not removed timely.

Plus - what idiots... Landlord Rule #1 - get the cash before the tenant spends it! LOL
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Old 01-19-2011, 07:16 AM
 
Location: Illinois
8,524 posts, read 3,713,307 times
Reputation: 14755
Go in person!!! Talk to them. I hate when folks hold checks.
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Old 01-19-2011, 07:45 PM
 
Location: The Middle
5,208 posts, read 7,431,009 times
Reputation: 6496
UGH....this would drive me batty! My darn HOA does this to me every year. It is due April 1st and the last time I paid it, the HOA didn't cash the check until the end of June. I would call the LL.
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Old 01-19-2011, 09:39 PM
 
4,919 posts, read 9,718,107 times
Reputation: 5724
If sending by USPS and you have a delivery confirmation tracking number (number on receipt) you can go online and punch in that number. It will show when you tendered the letter and it will when it was delivered with the date & time. Make sure you are printing those receipts out every month. If the PO box was the way the LL said to send the rent check, it don't matter one bit when they picked it up or when or if they ever cash it. The rent was delivered to them on the date and time the USPS placed it in their box.
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Old 01-19-2011, 10:31 PM
Status: "Keep some sunshine on your face!" (set 19 days ago)
 
Location: Mountain Ranch, CA The heart of Calaveras County
6,002 posts, read 10,820,413 times
Reputation: 4664
I have a terrible idea. Send them a copy of your rent check and email the copy to yourself or someone else so you have a timestamp on it. (yeah I know they can be faked).

My good idea is to make a copy of your rent check and/or pay by postal money order. Small fee for the service and guaranteed to hold up in court.
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Old 01-22-2011, 08:49 PM
 
Location: Yucaipa, California
8,305 posts, read 9,751,578 times
Reputation: 4589
Personel checks are generally void after 12 months. Just spend $1.00 or so & send him a money order. Why people hold checks ill never understand.
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