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  1. #1

    Default Landlords Won't Deposit Rent Check

    My question involves an eviction in the state of: Pennsylvania.

    What can you do to protect yourself if your landlords want to evict you but have no legitimate grounds to do so, and are possibly withholding your rent checks on purpose to try to evict you on the grounds of your not paying rent instead?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Landlords Won't Deposit Rent Check

    Hand the checks to your landlord and get a receipt at the time you hand over the check. If necessary, prepare a receipt yourself and ask the landlord to sign to indicate that he received the check on the particular date.

  3. #3
    Join Date
    Feb 2010
    Location
    CT & IL
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    5,273

    Default Re: Landlords Won't Deposit Rent Check

    interesting case ... you can testify to the facts & support it with your bank records (**missing check** is the usual annotation for uncashed checks in the account on your bank records, check register, etc.). Receipts are good but not totally needed.

    If he has done this for several months the judge will see your check register with the check # and the bank statement showing **missing check**. He'll want to know why do you did not catch this or ask for proof of service questions.

    If you have a reason why he wants you out other than nonpayment then it will help your case.

    Judge's are not stupid ... if you tell the truth & have evidence supporting it, he'll eyeball the landlord pretty closely.

    You pay your rent when he receives your payment; if he accepts checks, then you paid ... it is not when he cashes the checks so have proof he cashed checks too to show he accepts checks.

    If you dont have the proof you have issues.

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlords Won't Deposit Rent Check

    You can also easily beat him at his game by mailing your rent check on or before the due date and certifying it. By law, there has to be an address for the rent to be received to prevent this exact type of problem. Certified mail holds up in court as 'proof'.

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