Landlord not cashing rent checks, is this an Eviction ploy? (apartments, lease)
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So for the last 2 months my landlord has not been cashing my rent checks. They've always cashed them within days of me sending them normally. The timing is pretty curious. Just before September's rent they came to me trying to offer me another apartment somewhere, which I refused as I've lived here with my mom my whole life. I'm in a rent stabilized apt. and my rent rates are pretty good (below market I'd say). Our lease is also up on 12/31/12. Does this sound fishy to any of you? Can they pull anything and have us evicted by saying they never received anything?
My last rent check was sent via certified mail just so I have proof that they received it. Is there anything else I should be doing? Any help would be appreciated.
I'm no expert or even half knowledgable on rent control, so I won't comment on that.
I would do the math on what benefit the landlord gets from moving your apt to market rate and then figure out through market knowledge what lengths they would go to to get you out. Think like the other side. Doesn't mean you have to move but get the best offer out of them.
Your landlord has a duty to notify you if you're late on your rent. At a certain point (not sure exactly when) they forfeit the right to claim you did not pay rent for a certain month if they don't alert you to the lack of payment. So, while this may be a ploy, it certainly won't work.
Keep a good written record. Have witnesses to everything you do. Write to the landlord, certified return receipt requested, telling him you are concerned about your rent checks not being cashed in a timely fashion.
He is probably trying to establish a pattern of late payment or non-payment for which he can seek an eviction.
Continue sending all checks via certified mail.
Let me guess: you are paying a lot less than market rent. (Now WHY did I suspect that? )
Talk to fellow rent stabilized tenants and see if landlord is hosing THEM arround too.
My mom heard today that another tenant which they've tried to pressure out had his rent check returned to him. She heard this from a 3rd party and not directly from that tenant so I don't know the full story there. I called yesterday and they said to call back today between 12-4 when the bookeeper is in.
I've heard of this in a case recently from a friend in Brooklyn, where the landlord didn't cash the rent checks for 5 months, then tried to cash them all at once. When one of the tenant's checks bounced because they weren't holding 5x the month's rent in their checking account, eviction process began. The landlord wanted to get everyone out, had even offered $ that had been refused, and this was his next attempt.
I've heard of this in a case recently from a friend in Brooklyn, where the landlord didn't cash the rent checks for 5 months, then tried to cash them all at once. When one of the tenant's checks bounced because they weren't holding 5x the month's rent in their checking account, eviction process began. The landlord wanted to get everyone out, had even offered $ that had been refused, and this was his next attempt.
Once you write a check, the money is spent. If you have checks outstanding you better be holding the money for it.
These landlords are a really special bunch, aren't they?
Correction KK, Rent Control/Rent Stabilized Landlords are a special bunch. But ask yourself why? Just know that exclusively Landlords of Rent Control and Rent Stabilization tenants have to resort to such extremes, even to wish death on the low rent paying tenant. That's the "monster" NYC Rent Control laws creates.
Landlords of free market apartments DON'T have to resort to such extremes and wish death on the tenant. All they have to do is if the tenant is a deadbeat, NOT renew the lease when it expires and the Landlord's headache goes away.
HOWEVER, in the twisted world of NYC Rent Control/RS, that same deadbeat tenant is ENTITLED to get his lease renewed despite the Landlord's wish. And the problem persist. Hence why ONLY Rent Control/Rent Stabilization Landlords go to those extremes. Thank Rent Stabilization for making your life a living hell!
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