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Hi all, New Yorker here. Last year, the company that manages the building my roommates and I live instopped sending rent invoices due to the fact that they were moving offices. Fast forward to April 1st this year, and we get an invoice stating that we owe back rent. Obviously we were confused since we had always sent in our checks on time, so we called them and they stated that they hadn't cashed our checks back in October of 2016. Obviously this is a strain now since we hadn't budgeted for essentially paying double rent this month - is this something that we would be able to fight them on?
Hi all, New Yorker here. Last year, the company that manages the building my roommates and I live instopped sending rent invoices due to the fact that they were moving offices. Fast forward to April 1st this year, and we get an invoice stating that we owe back rent. Obviously we were confused since we had always sent in our checks on time, so we called them and they stated that they hadn't cashed our checks back in October of 2016. Obviously this is a strain now since we hadn't budgeted for essentially paying double rent this month - is this something that we would be able to fight them on?
OP, this doesn't make sense ... if you wrote a check for rent last October, you would have subtracted it from your "available balance" back in October. If they cashed it, you will have the cleared check as proof. If they DIDN'T cash it, then you should still have the funds from when you subtracted the amount of the check from your "available balance" when you wrote it. So there is no way you could lose ... unless, of course, you DIDN'T subtract it from your "available balance" and were hoping they would never notice, so now you have to come up with the funds that you were supposed to pay last October?
...unless, of course, you DIDN'T subtract it from your "available balance" ...
...and don't reconcile the account monthly or even monitor for things like cleared checks.
Which clearly must be the fault of the property manager.
Still and all, considering that the property manager took this long to say something...
they can wait a bit longer for the remedy as well. Some sort of payment plan is called for.
The regular rent amount + 25% for the next four months is reasonable.
...and don't reconcile the account monthly or even monitor for things like cleared checks.
Which clearly must be the fault of the property manager.
Still and all, considering that the property manager took this long to say something...
they can wait a bit longer for the remedy as well. Some sort of payment plan is called for.
The regular rent amount + 25% for the next four months is reasonable.
OP,
MrRational has made a great suggestion. Float that payment plan idea and see if they take it.
Don't you balance your check book register each month? If a check remained uncashed for 6 month your monthly check register would have shown the same discrepancy each month, and you balance would have always been exactly that amount of rent payment too high.
I don't see how anybody with basic economic skills wouldn't not notice a check that remained uncashed for 6 months.
OP, please tell me you reconcile your bank statements with your check register each month. If you can't say that then you screwed up.
Or if you didn't screw up, then go back in your check register and determine the check number, then go through your bank statements (or online) and see if that check number was cashed. You can even get a print-out of the cancelled check from most banks online.
This is why you should always ask for receipts even though you are paying by check. This way if the landlord loses the check and tries to put the blame on you, you can show them the receipt where they acknowledge that they got the check, therefore it's their fault they didn't get the money.
This is why you should always ask for receipts even though you are paying by check. This way if the landlord loses the check and tries to put the blame on you, you can show them the receipt where they acknowledge that they got the check, therefore it's their fault they didn't get the money.
The OP has a contract. Just because the recipient lost the check doesn't alleviate the payee from responsibility. The OP still owes the money. What legal basis are you using to come to your conclusion?
OP, this doesn't make sense ... if you wrote a check for rent last October, you would have subtracted it from your "available balance" back in October. If they cashed it, you will have the cleared check as proof. If they DIDN'T cash it, then you should still have the funds from when you subtracted the amount of the check from your "available balance" when you wrote it. So there is no way you could lose ... unless, of course, you DIDN'T subtract it from your "available balance" and were hoping they would never notice, so now you have to come up with the funds that you were supposed to pay last October?
Clarify, please.
YOU would have subtracted it from your "availabke balance" and I would have done likewise, but millions of people never keep a running balance in their check register or even balance their bank statements.
The OP has a contract. Just because the recipient lost the check doesn't alleviate the payee from responsibility. The OP still owes the money. What legal basis are you using to come to your conclusion?
The payee of a check IS the recipient. If the check was received by the payee and not cashed timely, I'm not sure money is still owed.
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