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I've recently received a letter that says Demand for Possession for nonpayment of rent.
I currently have a roommate and we sent the rent in two separate checks in one envelope in time, but only my roommate's check was cleared and mine was not.
I checked with my bank, but I had more than enough balance in my account and found no record of the apartment company trying to withdraw money from the account for the month.
I called them today, but they kept telling me that they did not receive my check.
Am I the one responsible the late fee associated with the rent?
It sounds like a glitch where their procedures are concerned but unfortunately there's little that you can do about it other than to cancel the cheque you wrote and issue them a new one including the late fee. You might consider arranging with your bank to do a direct deposit to the LLs every month.
Your check was not cashed. Give them another check. Take it into the office and hand it over in person and discuss the late fee with them. They will work something out with you, or you will pay the late fee. Those are your two acceptable options.
Am I the one responsible the late fee associated with the rent?
Depends on how much of a fight you want to put up. If your friend is willing to go on the record that both checks were mailed together in the same envelope, they'd have a tough time holding you liable for the fee.
This is another case where I'd simply use accord and satisfaction. I'd tender a new check for the monthly rent minus the late fee. Include a letter stating that both checks were mailed in the same envelope and your roommate will happily go on record to confirm that, and you refuse to pay for their mismanagement of the check. Specificallymention that you are providing the full rent amount to settle this matter and cashing your check constitutes acceptance of that offer and release of any fees. Make a similar notation on the check.
Are you sure the envelope was put within the other envelope? Sometimes people are convinced of doing something and later determine they made an error called "being a human".
What reason would the LL have to with holding to deposit it? That doesn't make sense to me since most people want to get their money instead of the hassle.
Are you sure the envelope was put within the other envelope? Sometimes people are convinced of doing something and later determine they made an error called "being a human".
What reason would the LL have to with holding to deposit it? That doesn't make sense to me since most people want to get their money instead of the hassle.
I doubt the manager intentionally did this, but the check easily could have been lost after it was received by the manager. As you mentioned, people are human, and we have another thread here where a PMC lost a check and didn't catch the error until 4+ months and a lease renewal later.
I've recently received a letter that says Demand for Possession for nonpayment of rent.
I currently have a roommate and we sent the rent in two separate checks in one envelope in time, but only my roommate's check was cleared and mine was not.
I checked with my bank, but I had more than enough balance in my account and found no record of the apartment company trying to withdraw money from the account for the month.
I called them today, but they kept telling me that they did not receive my check.
Am I the one responsible the late fee associated with the rent?
What are the odds - this is the 3rd post in the last week or so regarding Michigan landlord problems. Interesting.
Well, since this was just researched, you can just pay up in order to stay. Do it immediately. If it's a 3 day notice, you don't count the first and last days, and count 3 full days in-between. So, basically, 5 days.
How much is the late fee? Wondering if it's worth fighting over.
Your landlord has to receive the rent on time. The LL is not responsible for lost mail, etc. So, even if you mailed your check on time, if the landlord didn't receive it, you're late. Most landlords will work with you if you can prove it was mailed - as in you have Billpay, for instance, through your bank.
In the future, can you pay online without paying an extra fee? I was going to say that you could send the rent via some proof of delivery, but of course, this wouldn't prove both checks were in it. Perhaps you should mail your rent separately every month with proof of delivery, if online payment isn't an option. Or consider Billpay. If you use Billpay, I suggest you set it up to deliver the rent check really early. I had a couple tenants who used it, and it would show up late, so they had to change the mail date.
Unless you and your roommate have separate leases, you are probably both liable for rent and late fees. You could both be sued for all of the rent, and you would both be evicted. So, I think your roommate should fork up half of the late fee, if you can't negotiate your way out of the late fee altogether.
If they were both in the same envelope, and they cashed the roomate's check on time, I would think if they were honest, they would acknowledge that they lost the check. I would deliver next rent check in person and get something in writing that they agree that late fees will be forgiven in this case. Good luck!
If they were both in the same envelope, and they cashed the roomate's check on time, I would think if they were honest, they would acknowledge that they lost the check. I would deliver next rent check in person and get something in writing that they agree that late fees will be forgiven in this case. Good luck!
Bottom line is this...your check didn't make it. We could sit here all day thinking up ways that your check got lost, but the fact would remain the same...you still owe your portion of the rent....pay it ASAP. If you can, pay it person, ask for a receipt. From now on, pay your rent in person getting a receipt or pay it online.
As for the late fees, that's something you need to discuss with them...some will waive the first last fee, some won't. You wont' know until you talk to them.
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