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Old 01-08-2012, 12:10 AM
 
28,114 posts, read 63,647,953 times
Reputation: 23263

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Quote:
Originally Posted by bentlebee View Post

We emailed him a copy of the security deposit check which was in his and his wife's name and not in his mother in laws name and we never heard back from him or his lawyer...!
It's a shame.. but a copy machine and file cabinet can be your best friend!

I've had things come back years later and I would say... give me a minute and pull the information and that would be the end of it...

Off Topic...

Have a current 17 year renter that applied to a subsidized senior facility... she told me in advance and said the facility requires a reference that they would be sending me.

30 days go by and my tenant calls very upset... she said she just learned she was denied the apartment due to negative current landlord reference... she is not one to be upset...

We talk maybe 20 minutes and tell her it is a mistake because I was very factual and gave her a detailed positive reference...

I faxed her a copy and the resident manager was put on leave and the facility may be facing discrimination charges because it appears the manager has a pattern of denying rentals to a particular race...
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Old 01-08-2012, 12:46 AM
 
2,687 posts, read 7,407,453 times
Reputation: 4219
Lightbulb hmmm...

Quote:
Originally Posted by mricu View Post
I believe I mentioned I have contacted them and they indicated they got the check. I'm not going to bug them about it because I did my part in reminding them and insuring they got their check from me ... in writing.
well then what are you complaining about. Forget about the check and the fact they haven't cashed it. Right? If it expires either write them another one or don't. sheesh...
Koale
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Old 01-08-2012, 11:45 AM
 
Location: SoCal
681 posts, read 2,799,841 times
Reputation: 496
Quote:
Originally Posted by Koale View Post
well then what are you complaining about. Forget about the check and the fact they haven't cashed it. Right? If it expires either write them another one or don't. sheesh...
Koale
I guess you missed the underlying question behind my post.

I was looking for my legal responsibilities on how long I need to keep an ex-tenant's security deposit in my books.

The answer to my question was given by PacificFlights. Legally I need to transfer the unclaimed security deposit to the State Treasurer (in Nevada, this can only happen after 3 years) at which point my legal obligations to the ex-tenant ends.

Last edited by mricu; 01-08-2012 at 11:56 AM..
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Old 07-19-2013, 12:25 PM
 
1 posts, read 1,943 times
Reputation: 10
Hi, I was wondering what is the law regarding an uncashed check in New york state? I have a tenant who has not cashed it for two years and now wants a new check. Should I issue him a new check or does his claim expire after one year?
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Old 07-19-2013, 01:12 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
After two years I'd be inclined to tell the tenant that he snoozed and lost but if you had a good relationship with him/her and there's a good excuse for not having cashed the cheque, then replace it. I have no idea what the legal position would be.
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Old 07-19-2013, 02:35 PM
 
Location: Clermont Fl
1,715 posts, read 4,776,397 times
Reputation: 1246
After 90 days to bad, I will not chase anybody down it is not your problem.
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Old 07-19-2013, 03:07 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,678,834 times
Reputation: 26727
Quote:
Originally Posted by tworent View Post
After 90 days to bad, I will not chase anybody down it is not your problem.
He's not looking to chase anyone down. The previous tenant has approached him and asked him to make out a new cheque since he didn't cash the one from two years ago.
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Old 07-19-2013, 06:27 PM
 
1,624 posts, read 4,053,550 times
Reputation: 2322
Next time send SD checks to tenants via cashier's check. The money is taken out of your account and issued by the bank. What the tenant does with it is not your concern.
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Old 07-19-2013, 06:46 PM
 
4,399 posts, read 10,667,398 times
Reputation: 2383
Quote:
Originally Posted by Ms_Christina View Post
Next time send SD checks to tenants via cashier's check. The money is taken out of your account and issued by the bank. What the tenant does with it is not your concern.
People asking these questions are not worried about keeping track of money, balancing their account. They are worried about ways to keep money that is not rightfully theirs.
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Old 07-20-2013, 04:15 AM
 
10,746 posts, read 26,007,728 times
Reputation: 16028
Quote:
Originally Posted by jdm2008 View Post
People asking these questions are not worried about keeping track of money, balancing their account. They are worried about ways to keep money that is not rightfully theirs.
You know how each state has an "unclaimed money" dept? I wonder if comes into play in a situation like this?


While I agree that the tenant should be cashing the check in a timely manner, the fact remains that the landlord owes the tenant this money. I dont' think it's as simple as 'you snooze, you lose'.
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