Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 05-06-2011, 04:45 PM
 
1 posts, read 7,809 times
Reputation: 10

Advertisements

To make a long story short... We moved into a rental property while trying to find a house. Shortly after we moved in our landlord fired the property manager. We contined to rent from the Landlord for 2 years. In those 2 years the Landlord lost two checks which we had to pay stop payment fees on and was very deliquent in depositing our checks. So we began sending the Landlord Cashier's checks. This way the money was out of our account and upon receipt rent is considered paid. We finally found a house and ended our lease. We had the final walk through and our security deposit was refunded the day of the walk through. Four months later we recieve an e-mail stating that they had just realized they misplaced November's rent check, because it was found in a stack of papers in the office. Well, the check is void after 90 days and the LL tried to deposit it anyway. Since the money is already out of our account, and there is no transaction in my bank records stating it was returned. What do we do? I am not paying double rent, especially after we had the walk through and I have e-mails stating from her all rent checks were cleared and deposited before we ended the lease.
Reply With Quote Quick reply to this message

 
Old 05-06-2011, 08:40 PM
 
Location: North
858 posts, read 1,807,305 times
Reputation: 1102
You don't have to pay twice, but I think should at least try to find out with your bank where's the rent money they took out of your account and never made into the LL hands since he didn't cashed it on time. You got a Cashier's Check, the rent money left your account; the LL never deposited it on time so now the check is void. Where did you rent money go?
Reply With Quote Quick reply to this message
 
Old 05-06-2011, 08:55 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,696,895 times
Reputation: 26727
It doesn't matter "where the rent money is" as the Cashier's check was never presented and has been voided. Ask the LL to return the check to you and then present it to the bank and ask them what would be the correct procedure to re-issue the check. If there is a service charge for re-issuing the check then that would be for the account of the LL so you then deduct all bank charges related to it being re-issued and recompense your LL accordingly. What a pain, and I feel for you!
Reply With Quote Quick reply to this message
 
Old 05-06-2011, 09:35 PM
 
Location: North
858 posts, read 1,807,305 times
Reputation: 1102
I ask where the money is since it was never returned to the OP's account after the Cashier's Check wasn't cashed. So if the LL never discovers the error, the bank gets to keep the money?

I agree, it's a pain now for the OP. But the issue with the bank bothers me.
Reply With Quote Quick reply to this message
 
Old 05-06-2011, 10:05 PM
 
4,918 posts, read 22,680,385 times
Reputation: 6303
Quote:
Originally Posted by Merjolie8 View Post
You don't have to pay twice, but I think should at least try to find out with your bank where's the rent money they took out of your account and never made into the LL hands since he didn't cashed it on time. You got a Cashier's Check, the rent money left your account; the LL never deposited it on time so now the check is void. Where did you rent money go?
It;s not the OP's money, it's the banks money. When you get a Cashiers Check, you are paying the bank the moiney and they are writing a check from their account. Its just like a money order except its issued by the bank.

The OP's state banking regulations govern how to redeem a expired cashiers check. As STT said, the OP may have to come in with the check and the bank will redeposit it back in the OP's account. If the OP want another check, its a new transaction. Some states require the receiver to bring the check into the bank for reissue. Often banks will reissue a new check at no charge if its a good client or for good will.
Reply With Quote Quick reply to this message
 
Old 05-07-2011, 03:30 PM
 
Location: Apple Valley Calif
7,474 posts, read 22,880,812 times
Reputation: 5682
I sent a check that never arrived and the bank automatically re-deposited it into my account after a prescribed period of time. Sounds like the bank screwed up...
Reply With Quote Quick reply to this message
 
Old 05-08-2011, 10:11 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,696,895 times
Reputation: 26727
Quote:
Originally Posted by Donn2390 View Post
I sent a check that never arrived and the bank automatically re-deposited it into my account after a prescribed period of time. Sounds like the bank screwed up...
Was this a Cashier's Check? In any event, with all due respect I've never heard of a bank automatically redepositing funds into a customer' account if a check isn't presented within a certain period of time. Even to put a stop payment on a simple check one has to jump through hoops and pay a fee ...
Reply With Quote Quick reply to this message
 
Old 05-08-2011, 10:29 AM
 
24,488 posts, read 41,138,516 times
Reputation: 12920
Just take your receipt back to the bank and explain it to them. You don't need a copy of the check.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top