How do you handle a persistent landlord? (house, fees, period)

[Hobokenkitchen]

I wouldn't get bent out of shape about the reminder voice mails, but I would also politely decline to give post dated checks. I would call the landlord back and say that you are surprised at their continuing requests for post dated checks given that you have already said no and that you have paid every month on time. Be nice, but be firm.

[Jillaceae]

Originally Posted by Drover

How the payee's bank handles it is not the issuer's concern. How his own bank handles it is.

I was speaking in terms of how his bank would handle it. I'm sorry if was not clear. I was speaking of the entire process.

[Okey Dokie]

I'd tell the landlord that the post-dated checks are not a part of the lease and perhaps he should include that in any future leases he negotiates if that's how he wants to business.

Long ago I worked in a bank and a RE investor had both a savings account and all his property mortgages with us. He'd come in on the first with all his rent checks and deposit them into his savings account and then come back on the 15th (the last day before a late fee was assessed on the mortgages) and pay all his mortgages. I always imagined he was a real hard a@@ when it came to collecting his rents on time but always got the most interest on that rent money before paying his mortgages.

[CptnRn]

Does the lease say define what is late? If not find out what your state laws say if anything. In my state, TX, if it is due on the 1st, it is not considered late until it is over 3 days later. That is a state statute. If you are paying on time and never late, the landlord has no grounds for fussing about this. He certainly is not entitled to a post dated check.

[Drover]

Originally Posted by NY Annie

A check is a demand instrument. Look at your checks, they all say "Pay to the order of" - They don't say, "After the date written above" or anything to indicate that the check is not valid UNTIL that date. So, if you give a post-dated check, you are simply giving a check. At least this is what I was taught when I learned banking law as a paralegal - (albeit many years ago).

Then the law has apparently changed in the intervening years.

Originally Posted by Jillaceae

I was speaking in terms of how his bank would handle it. I'm sorry if was not clear. I was speaking of the entire process.

Maybe that's how your bank would handle it, but they're opening themselves up to monetary damages by doing so. The law is clear about the consequences of a payor bank honoring a post-dated check of which they have been given prior notice. I'm not interested in arguing the margins or minutiae of how banks function. Someone in here claimed that there's no law stating a post-dated check cannot be cashed. I suppose technically that is correct but there is a law laying out when it can or cannot be honored by the payor bank.

[Jillaceae]

Originally Posted by Drover

Maybe that's how your bank would handle it, but they're opening themselves up to monetary damages by doing so. The law is clear about the consequences of a payor bank honoring a post-dated check of which they have been given prior notice. I'm not interested in arguing the margins or minutiae of how banks function. Someone in here claimed that there's no law stating a post-dated check cannot be cashed. I suppose technically that is correct but there is a law laying out when it can or cannot be honored by the payor bank.

The thing is that technically you are correct, but the likelihood that someone would actually take legal action over something like this is very low--and banks know that, which is why it be unlikely that any bank would take action on a complaint like this (unless you were wealthy, of course). Businesses/people do things that are technically illegal all the time. I can attest that this is a common one of those things, and not just at the bank I worked at. Whether or not it is illegal is neither here nor there because at the moment it is not something that is often pursued legally. But in terms of the concerns of the OP, on a practical level it would not be a good idea to write post-dated checks under the assumption that the check will not be cashed until when it is dated.

[Koale]

Originally Posted by jamies

Obviously mostly tenants responding here. First of all the OP admits to paying the rent at the very last minute. That doesn't sit well with landlords. Before I became a big fat greed mean landlord I was a tenant, and I always sent my LL a current dated check, ready to cash by the 15th of the previous month.

Try doing that to start. Imagine. If you pay the rent ahead on the 15th, I guaranty your landlord will not bother you unless you bring in unregistered occupants, pets, dope, etc. Obviously your LL is a mean greedy LL like me and has had so many past flim flammers that he doesn't give a single break.

My tenants get a rent discount if paid by the 25th, a late fee if not paid by 5 pm on the 1st, and eviction proceedings by 6pm on the 1st. I do not fool around. I provide a nice place to live at a reasonable price and if someone doesn't value it they can move or I will move them and put someone who appreciates it in place.

If you can't pay your rent on time or ahead of time by even a day, I don't need you for a customer. That's it plain and simple.

As for post dated checks, LL's often require them from tenants who can't seem to remember to pay their rent. It is designed to simplify things for the tenant. Then all you have to do it remember to put the money in the bank and not get to the PO.

You know what is an even better way? Talk to your LL. Open an account at his bank and just do a balance transfer into his account. I do this will all my out of town tenants, then I can go online and check the rent is paid. It has worked well for me.

Now as to the other comments:

1) You are NOT in the drivers seat. You are the TENANT. The LANDLORD is in the drivers seat. If you don't like that you need to buy a house. Obviously your LL is not going to let you be in the drivers seat.

2) I doubt your lease provides for sub-leasing. If you break your lease that LL is going to ruin your credit and life until you pay him.

3) Unless you have an unscrupulous LL or don't have enough money in the bank to even cover a months rent you don't have anything to worry about. A LL isn't going to risk a lawsuit and jail by cashing a post dated check unless by total accident. There are sloppy LL's for sure, but just like a LL screens a tenant you should screen a LL at least a little. If they are weird don't rent from them. No, wait, I'm weird too, and I'm a great LL, so long as you pay your rent on time!

I do not believe you can start eviction proceedings on the day the rent is due unless of course you are lickety-split w/repairs and concerns and are able to provide prompt service to tend to them...like by 6pm the day they are reported? It is comforting to know there are perfect LL's out there, such as yourself.

[Koale]

Originally Posted by Drover

A check is a draft that is payable on demand. A post-dated check is not payable on demand. If you notify your bank that you have issued post-dated checks they are obligated to dishonor a check that posts before the date.

You are totally wrong. What is illegal is writing a check when the funds are not in the account.

[ValueAddedWorker]

Interesting feedback on the interpretation of lease agreements. First of all, it is not illegal for a landlord to request post dated checks in my neck of the woods. However to require it, is illegal. So I went with a variation of jdm2008's suggestion and emailed the landlord rather than calling her back. I wrote:

Hi LL,

I received your voice mail and wanted to inform you that I dropped off the February check in your mailbox yesterday evening, therefore on time for today's due date. In the future I will try to mail them earlier. As you will note, the checks have been delivered by the first of the month as stipulated in the lease and you will continue to receive them on time, so there's no need to worry about late payments. I will continue to provide them one by one each month and am not interested in providing a batch of post dated checks in advance, so thank you for your understanding with this.

VAW
------

Her reply was simply:

Hi VAW,
Thank you, we got your check. All is good.
-the LL
-------

Now mind you, some of my neighbors have been living in the building for 10-20 yrs and this LL has apparently owned it for 5 or so. According to the LL, they're used to collecting post dated checks in advance...guess what lady, not from me!

[Drover]

Originally Posted by Koale

You are totally wrong. What is illegal is writing a check when the funds are not in the account.

*Sigh* OK, if you say so. I even posted a citation to the relevant statute, but I'm sure you're right.