Landlord 5 months behind in cashing rent checks and ignoring tenants (apartment, lease)
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I'm in California. I live with 3 roommates, and all roommates are listed on a single lease. The apartment is in a duplex owned by my landlord's parents.
My landlord has always been spotty in communication and lazy, often making empty promises on the phone. Once, he even asked me if I could find new tenants for the neighboring unit. Anyway, many maintenance issues built up over the months. Among the many, our washing machine stopped working properly (it requires someone to pound on it to start running and leaks water all over the laundry area. the dryer also leaves clothes soggy after two runs and both machines operate on coins); one of our windows shattered from poor insulation; and the automatic lights in the common area stairway stopped working properly (the lights are on in the mornings and turn off when you need them at night - we have to use a flashlight to avoid stumbling down the stairs). On one occasion he took our broken garage clicker for repairs saying he would return it in a week. He returned it months later only when we persistently reminded him.
Periodically, we checked in via e-mail, listing the issues that still needed work. And some of these items have been tabled for a year. He usually called us back to set a time, but usually never kept his word. The times that he did, he would show up unannounced and not bother to check if anyone was home. For my room, he entered twice without my consent. Both times he said he would be bringing someone with him to check on things to repair, and I had several calls with him to arrange a time. I didn't know who was bringing, and didn't want strangers in my room when I wasn't there. In the end, he ignored the schedule completely and went in with his friend to take a look. I don't know what he looked at because the repairs were never done.
Three months ago, one of my roommates moved across the country. The roommate notified the landlord directly and got the OK. He was unable to get ahold of the landlord after that initial move-out notice, though, and the former roommate has yet to receive his deposit back! When one of us contacted him about this issue, he asked us to provide him with the former roommates new address. Shouldn't he be doing that? We found a fourth roommate, and the landlord verbally okay'ed the new roommate. He said he would e-mail a copy of the new lease, but has not sent it for the past two months. So technically, we are living on a month-to-month lease with the old roommate's name still on it.
Additionally, my landlord stopped cashing our rent checks 5 months ago. I spoke with him 3 months ago, and he said that his parents were going to deposit them but didn't. He said he would personally deposit them the next day, but he never did. And for the past 3 months, my landlord has stopped responding to e-mail, texts, or phone calls. We prepared our rent checks for this month but haven't mailed it in - we don't want to send out another check to float around out there. And today, I found out that he was in touch with my neighbors this week (who were similarly talking to him about their checks not being deposited). He told my neighbor that his parents would deposit the checks. So now I know that he has been actively avoiding our unit, and continues to make empty promises.
Do I need to keep sending in rent checks? What do we do with the new roommate who would gladly sign a lease but he won't send us one? Is there any legal way to get him to respond?
Your landlord is lazy, and unless you want any serious confrontation with him, which would definitely mean you'll have to leave his property, just let him be. If there's something big, you cannot live without it (such as lack of water, electricity, or heat) - send him an email saying that unless it's fixed in 5 days, you'll arrange it on your own and deduct the cost from the rent. He might actually like it
The guy who moved out, needs to send your landlord a written demand by certified email, provide his new address (it could be any address where he wants his check to be sent, not necessarily his actual address) and specify that unless he receives his security deposit by a certain date. he will demand attorney's fees too in addition to the security deposit. He also should write a statement that he effectively moved out on a certain date with the oral/email permission of the owner, unless disputed by the owner, it could serve your friend as a proof of move out date.
The rest, keep your "floating" checks in your savings account and accrue some interest on it. If by the time you move out he won't cash those checks, you could just cancel all of them altogether and got "free" rent. And as far as new tenant not being on the lease, it's in your landlord's interest to have residents to sign new papers, If the new guy is never on the lease, he would be able to move out at any time and stop paying.
Don't try to alter your landlord. Demand what is yours, let him get what he needs (but what is not to your advantage) in his terms.
Additionally, my landlord stopped cashing our rent checks 5 months ago. I spoke with him 3 months ago, and he said that his parents were going to deposit them but didn't. He said he would personally deposit them the next day, but he never did. And for the past 3 months, my landlord has stopped responding to e-mail, texts, or phone calls. We prepared our rent checks for this month but haven't mailed it in - we don't want to send out another check to float around out there. And today, I found out that he was in touch with my neighbors this week (who were similarly talking to him about their checks not being deposited). He told my neighbor that his parents would deposit the checks. So now I know that he has been actively avoiding our unit, and continues to make empty promises.
Do I need to keep sending in rent checks? What do we do with the new roommate who would gladly sign a lease but he won't send us one? Is there any legal way to get him to respond?
Yes, you need to keep sending in rent. The LL is going to run into trouble pretty quick, as if he doesn't start depositing them, the bank will cancel them (some banks cancel after 6 months.) Many banks, per the Uniform Commercial Code, will void all checks after 180 days. This is not ALL banks, and banks are not REQUIRED to cancel them.
Why does it matter to you that the checks are uncashed? Leave the money in the account and pretend it's "gone". Only thing I would change is to send your rent checks certified mail with return receipt to the landlord to ensure it's getting to him. Or better yet, use your bank's billpay service from now on to show that you are sending them on time every month.
Why does it matter to you that the checks are uncashed? Leave the money in the account and pretend it's "gone". Only thing I would change is to send your rent checks certified mail with return receipt to the landlord to ensure it's getting to him. Or better yet, use your bank's billpay service from now on to show that you are sending them on time every month.
Good luck.
Because in a month, her bank might not honor the check anymore. Also, it is a PIA to balance a checkbook with all that. And then the landlord comes after her for the money, causing her more headaches. Or, she moves out, and the LL has lost the check, and the landlord comes after her for money later, causing her problems.
Because in a month, her bank might not honor the check anymore. Also, it is a PIA to balance a checkbook with all that. And then the landlord comes after her for the money, causing her more headaches. Or, she moves out, and the LL has lost the check, and the landlord comes after her for money later, causing her problems.
That's why I suggested she use certified with return receipt or bill pay showing that she is sending out the checks. I would have started doing that after the 2nd check that was uncashed but hindsight is 20/20
Because in a month, her bank might not honor the check anymore. Also, it is a PIA to balance a checkbook with all that. And then the landlord comes after her for the money, causing her more headaches. Or, she moves out, and the LL has lost the check, and the landlord comes after her for money later, causing her problems.
What problems? What headaches? The worst he could do, if actually finds her and comes to her would be to demand the money. The response would be - I already sent you a check, return it to me - I'll give you a new one, or wait for 180 days before it cancels itself and come again later, or pay me cancellation fee and I'll write you another check. It will be his problems to find her, if she moves out. Obviously, having proof of check being sent would help, easiest would be "Bill Payment".
He sounds like a drinker or has dementia and is in denial...doing the least or
best he can.
He needs help! As in, from a relative checking in on him...my opinion.
I recommend you consult a real estate lawyer. Most colleges in big cities have someone you can talk to for free about issues like this. When my roommates and I had issues with our LL not fixing things, the lawyer told us that we needed to send a certified letter to the landlord stating that he has two weeks to fix the issues within our unit otherwise we will find a contractor, pay for the fix ourselves and deduct the cost from our next month's rent. This scare tactic worked for my landlord and he fixed the issue the next week (with his own shotty contractor). Our issues was serious though, water was leaking through the ceiling and ended up causing mold and a collapse in the ceiling dry wall.
If you like to live on the wild side you could always withhold your rent for this next month until the landlord cashes your previous rent checks AND fixes all of the major issues with your apartment. Technically it would take him a long while to evict you and since that requires a lot of work and he sounds lazy I am willing to bet he would just meet your demands. However, this may not be the most morally correct approach but it sounds like he isn't exactly living too morally either. I bet the courts probably would side with you a little bit, especially since you're TRYING to pay him.
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