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Old 01-31-2011, 09:20 PM
 
926 posts, read 1,050,708 times
Reputation: 476
Default How do you handle a persistent landlord?

Even though I always pay my rent on time (before or on the first of the month), my landlord has requested I leave them post dated checks until the end of the lease 3 times and called me twice to "remind" me the rent was due.

Background:
Lease signed in August, move in Sept. 1 and give the check for that month. Landlord asked for post dated checks, I declined, saying I prefer to mail a check by the first of the month. They finally agree. That's what the lease says.

October: I mail it, arrives on time.
November, same thing, but I procrastinated, and it arrived on the first by postal mail. Landlord left me a peed off voice mail before 9am on the 1st, demanding post dated checks, I declined again. One by one is what I prefer. I later called back and asked them, did you check your mailbox? Oops! said the landlord, oh I see we got it (the check). I repeated that I wanted to continue sending the checks each month. All good, or so I thought.
Dec, I mail it, arrives on time
Jan, I mail it, arrived on time

Feb check: I forgot to mail it on time, so I dropped it off tonight at their house. Yet even though it's on time (by the first of the month), tonight the landlord Still got a voice mail with a "reminder" to send them my Feb.
check , and oh yeah, her husband will come by to pick up the post dated checks, that's what the other tenants do. That's the second time they "remind" me the rent is due and the third time they ask for post dated checks.

You might ask yourself this question: why not just give in and provide them with the post dated checks like they ask? Here's why I don't want to:
1) If I want to move out early and sublet to a new tenant, I do not want the landlord to have the checks in hand. Canceling is $20/check. I'm in the driver's seat if they don't have the checks until the end of the lease.
2) We agreed on the first of the month, and there's no negotiation.
3) There's a possibility that the bank will cash the checks early even though they are post dated, so I'll rather not take the risk.

Besides the noisy neighbor situation, I don't think I'll be renewing my lease when I have such annoying landlords. I feel like calling her up and asking her to stop bothering me. How would you handle this? The landlord is waiting for a call back.
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Old 01-31-2011, 09:25 PM
 
3,749 posts, read 4,253,754 times
Reputation: 1801
Quote:
Originally Posted by ValueAddedWorker View Post
Even though I always pay my rent on time (before or on the first of the month), my landlord requested I leave them post dated checks until the end of the lease 3 times and called me twice to "remind" me the rent was due.

Background:
Lease signed in August, move in Sept. 1 and give the check for that month. Landlord asked for post dated checks, I declined, saying I prefer to mail a check by the first of the month. They finally agree. That's what the lease says.

October: I mail it, arrives on time.
November, same thing, but I procrastinated, and it arrived on the first by postal mail. Landlord left me a peed off voice mail before 9am on the 1st, demanding post dated checks, I declined again. One by one is what I prefer. I later called back and asked them, did you check your mailbox?
Dec, I mail it, arrives on time
Jan, I mail it, arrived on time

Feb check: I forgot to mail it on time, so I dropped it off tonight at their house. Yet even though it's on time (by the first of the month), tonight the landlord Still got a voice mail with a "reminder" to send them my Feb.
check , and oh yeah, her husband will come by to pick up the post dated checks, that's what the other tenants do. That's the second time they "remind" me the rent is due and the third time they ask for post dated checks.

You might ask yourself this question: why not just give in and provide them with the post dated checks like they ask? Here's why I don't want to:
1) If I want to move out early and sublet to a new tenant, I do not want the landlord to have the checks in hand. Canceling is $20/check. I'm in the driver's seat if they don't have the checks until the end of the lease.
2) We agreed on the first of the month, and there's no negotiation.
3) There's a possibility that the bank will cash the checks early even though they are post dated, so I'll rather not take the risk.

Besides the noisy neighbor situation, I don't think I'll be renewing my lease when I have such annoying landlords. I feel like calling her up and asking her to stop bothering me. How would you handle this? The landlord is waiting for a call back.
First I would make sure all your payments are on time. And since he keeps harassing you about I would send a letter saying that according to our agreement you do not need to provide post dated checks and you will not and that this matter is concluded and you will not discuss it any further. And then simply ignore any requests for post dated checks.
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Old 01-31-2011, 09:31 PM
 
926 posts, read 1,050,708 times
Reputation: 476
Quote:
Originally Posted by jdm2008 View Post
First I would make sure all your payments are on time. And since he keeps harassing you about I would send a letter saying that according to our agreement you do not need to provide post dated checks and you will not and that this matter is concluded and you will not discuss it any further. And then simply ignore any requests for post dated checks.
Okay, sounds like a plan. Just to emphasize, in case my OP was confusing, they've received every check on time since the beginning of the lease.

Would you send the letter by postal mail or is email enough the first time around? If I have to be formal with a posted letter, I will be. However I also want to keep on good terms seeing as I'll be likely looking for a new place to live soon and will likely have to give them as a reference.
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Old 01-31-2011, 10:16 PM
 
2,058 posts, read 2,864,481 times
Reputation: 2643
Exclamation Try this...

Quote:
Originally Posted by ValueAddedWorker View Post
Even though I always pay my rent on time (before or on the first of the month), my landlord has requested I leave them post dated checks until the end of the lease 3 times and called me twice to "remind" me the rent was due.

Background:
Lease signed in August, move in Sept. 1 and give the check for that month. Landlord asked for post dated checks, I declined, saying I prefer to mail a check by the first of the month. They finally agree. That's what the lease says.

October: I mail it, arrives on time.
November, same thing, but I procrastinated, and it arrived on the first by postal mail. Landlord left me a peed off voice mail before 9am on the 1st, demanding post dated checks, I declined again. One by one is what I prefer. I later called back and asked them, did you check your mailbox? Oops! said the landlord, oh I see we got it (the check). I repeated that I wanted to continue sending the checks each month. All good, or so I thought.
Dec, I mail it, arrives on time
Jan, I mail it, arrived on time

Feb check: I forgot to mail it on time, so I dropped it off tonight at their house. Yet even though it's on time (by the first of the month), tonight the landlord Still got a voice mail with a "reminder" to send them my Feb.
check , and oh yeah, her husband will come by to pick up the post dated checks, that's what the other tenants do. That's the second time they "remind" me the rent is due and the third time they ask for post dated checks.

You might ask yourself this question: why not just give in and provide them with the post dated checks like they ask? Here's why I don't want to:
1) If I want to move out early and sublet to a new tenant, I do not want the landlord to have the checks in hand. Canceling is $20/check. I'm in the driver's seat if they don't have the checks until the end of the lease.
2) We agreed on the first of the month, and there's no negotiation.
3) There's a possibility that the bank will cash the checks early even though they are post dated, so I'll rather not take the risk.

Besides the noisy neighbor situation, I don't think I'll be renewing my lease when I have such annoying landlords. I feel like calling her up and asking her to stop bothering me. How would you handle this? The landlord is waiting for a call back.
If your LL wants post-dated checks then post-date your check for the 1st of next month and mail it to him on the 15th of the month prior. That's what we do. We also ask for a confirmation email. This way, we know our rent is in their hands when it needs to be. If it's not deposited w/in 2 days we start calling and asking for the check to be deposited immediatley or give them the option of us cancelling the check and dropping by w/cash. It's our money meant to pay our rent on the 1st...not sit on their desk. Tit-for-tat. LL's aren't always the ones in charge even if they think they are. Besides, there are no laws stating that a post-dated check cannot be cashed when presented regardless of the post-date. Banks could care less and you could end up w/three checks being deposited at the same time. To answer your last question...I would call them and tell them exactly what you told us and to please stop pestering you about the issue of post-dated checks because it's not going to happen.
Koale
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Old 01-31-2011, 10:25 PM
 
Location: Kailua Kona, HI
2,632 posts, read 5,730,892 times
Reputation: 2184
No way would I give anyone a post dated check under these circumstances. Since you want to not tick him off, I would just keep "ignoring" the requests, or politely say, Listen, my rent is always on time, and I am not dropping of post dated checks. I'm not even sure this is legal at all but not knowing the laws of your state, I won't go any further with that thought.

Definitely start looking around for a new place!
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Old 01-31-2011, 11:48 PM
 
Location: 2nd state in the union...
2,382 posts, read 2,459,854 times
Reputation: 1569
There is absolutely NO way I would give anyone a post-dated check. Maybe the laws vary by state and/or bank but my understanding is that once you present a check for payment - you're pretty much saying "go ahead and cash it." I also believe it is illegal to write a check if you know darn well that don't have the funds available to cover it. Not worth the potential trouble.

I won't even get in to the fact that their insistence is a huge, huge, HUGE red flag.
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Old 02-01-2011, 03:12 AM
 
Location: The Wild West
841 posts, read 1,464,135 times
Reputation: 1126
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!
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Old 02-01-2011, 03:18 AM
 
3,749 posts, read 4,253,754 times
Reputation: 1801
Quote:
Originally Posted by jamies View Post
No, wait, I'm weird too, and I'm a great LL, so long as you pay your rent on time!
The OP said the rent was paid on time. If the landlord wanted the rent by the 15th. He should have made the due date the 15. And it is not a crime to cash a post dated check whenever you wish.

Now as to the other comments:
Quote:
Originally Posted by jamies View Post
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.
If the OP is complying by the lease then he does not have do anything else to remain a tenant for the entire lease term. It's that simple. And he does not have to give his landlord a post dated check, in the lease so he does not have to give him one. If the landlord wanted post dated checks he should have asked for all the checks at the time of lease signing and refused to sign the lease otherwise. He didn't and did not require post dated checks in the lease so they are not required.

Quote:
Originally Posted by jamies View Post
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.
If subleasing is not prohibited in his lease, or subject to approval of the landlord, then he may sublease while still being in compliance with the lease.

Quote:
Originally Posted by jamies View Post
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!
Again it is not illegal and you will not lose a lawsuit for cashing a post dated check. I do not know where you get this idea from.

Last edited by jdm2008; 02-01-2011 at 03:30 AM..
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Old 02-01-2011, 03:21 AM
 
Location: The Wild West
841 posts, read 1,464,135 times
Reputation: 1126
Oh BTW - we send our tenants a bill each month between the 15th and 20th with a bank deposit slip and newsletter. This reminds them to pay the rent. It is not a law, but I do recommend LL's do this.

People and companies are used to receiving bills and paying them, we are all busy people and it is easy to forget a bill if there isn't a reminder. I have a storage unit that is late 1/2 the time because they don't bill us and my office person doesn't cut a check without an invoice. It is most annoying.
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Old 02-01-2011, 03:25 AM
 
Location: Chicago
35,926 posts, read 54,687,285 times
Reputation: 24543
Quote:
Originally Posted by Koale View Post
Besides, there are no laws stating that a post-dated check cannot be cashed when presented regardless of the post-date.
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.
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