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Hello i recently mailed my landlord a cashiers cheque on the 5 th of this month its 12th and she has not recived the mail or thats what she claims but i have the receipt to confirm my purchase of the cheque i called up the bank they said the cheque is still not been cashed .
so i wanted to cancel the cheque but they said i need to wait 90 days to get my money back and that's too long what should i do ........
i dont think i have enough money to make another cheque ...
what should i do in this situation the bank said to wait till 17th and then block the cheque....
If the LL normally gets the check within this time frame and they are saying they didn't get it, BLOCK the Check NOW! Send the LL a letter immedietely with proof of delivery stating that due to them claiming they didn;t get the check, you have stopped payment on it and they are not to cash that check if they receive it and a replacement check is being procured and will be sent. This shows that you are not trying to avoid payment, and protects you in the event the LL gets it and tries cashing it, and protects you in case someone else finds it and tries cashing it (although you can still be liable if the check is cashed because its a cashiers check)
You get the money to pay the rent and get it into the LL hands ASAP. A court may give you a bit of leeway since the bank can verify you did get the check, and they may give you a bit more leway if you mailed it with some form of delivery proof, but otherwise, payment is due now.
The banks says it might be due to holiday and stuff but they wanted me to give it a time till 17th and then block cause if the mail reaches them by then then ,it becomes useless and i have to wait 90 days to get back my money so untill then its a liability ..............
so i guess the only way for me is to wait till 17th if they dont get the mail then i have to pay them again T.T.........
I talked to them and told them to wait till 17th cause i have been prompt in paying them rent for the past 1 and half years . this is the first time.....is there a way i can fight this legally or how much of legal grounds do i stand in this position ?
You have no legal grounds to stand on since you did not pay your rent. You are responsible for delivery of your payment. Your failure to deliver is not the landlords problem.
However, the landlord might be willing to wait based on good faith.
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