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  1. #1
    Join Date
    Nov 2005
    Location
    Nevada
    Posts
    2

    Default Landlord threatening eviction notice...

    I was contacted by my landlord last week asking why I had stop-payment on three rent checks (my property and my boyfriend's next door). I explained to her that these were automatic payments out of my checking account and that I would not have been able to stop payments. These payments were from June and July 2005 and she contacted me at the end of October. I contacted the bank asking about her claims of stop-payment (she claimed my bank told her they were stopped) and the bank agreed with me that I could not have stopped payment after 5 p.m. EST on the day they were sent out (now four months prior). The bank further explained that the checks had stale-dated because they were not cashed within the 90 day requirement that is listed on the check. After further research, I discovered that she had cashed all of the rent checks for June - October on October 27th and those three, obviously, wouldn't go through because they were too old.

    She is now claiming that she will serve me eviction notice if that money is not received within 10 days ($2000 worth). Further, I will then have five days to evacuate and if the money is not paid, she will take me to court and I will pay her there along with her legal fees, etc. I've explained to her that although the money was returned to my account since the checks were stale-dated, I don't have that kind of money. She has turned very ugly on my cell phone answering machine, treating me as a kind of person who doesn't pay my bills, etc., even though she has had every rent check for my entire lease time on time. She also insists that I will pay her bank fees for the checks not clearing.

    Part of me feels that it's her own fault she doesn't have the money -- I liken it to a rebate check or money order that is lost or not cashed in time -- you don't get that money back. The rest of me wants to do what is right by her, but I don't have the money and am afraid she will pursue the eviction. Do I have any legal rights here? She can't claim that I didn't pay the rent when I have bank printouts showing the check number and date the money was taken out of my account. She has decided to stick to the claim of stop-payment.

    I appreciate any advice you can give me. Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Rent Debt

    There's no question but that you owe the rent, and she has every right to demand that you pay it. If you don't, she is entitled to begin the eviction process.

    Checks are normally good for six months, not three, which may have complicated things. The situation would also be complicated if the checks were not delivered in a timely manner.

  3. #3
    Join Date
    Nov 2005
    Location
    Nevada
    Posts
    2

    Default

    I appreciate your response. I have every intention of paying her back the rent -- I guess my biggest gripe was the way I've been treated since I've paid her every single month on time and have never had a problem with her before. The checks are issued directly from my bank account on the 25th of each month in order that she receives it by the first.

    I have four children and so my biggest concern was that she push the issue of eviction if I didn't come up with the $2000 in the 10-day time period. I wanted to make sure that my family and I were covered if she decided to push it. It's upsetting because she had the money and didn't cash it in time and now I feel like I'm paying for the result of that.

    Thank you for your help.

  4. #4

    Default

    Landlords are thougtless, individuals with no hearts. Many of them are scumlords.

    It just boggles my mind how they're are able to get away with the crap that they do.

    I'm sorry she is being rude to you; I've dealt with many landlords that have no proper ettiquette other then renting out their properties and wanting their money ASAP. Funny how they rarely fix anything but yet they sure are quick when it comes to collecting the rent! :roll: :roll: :roll: :roll:

  5. #5

    Default

    The first thing a judge is going to say is that you knew the checks weren't cashed and spent the money anyway. Now, depending on the generosity of the judge, he/she could rule that you paid the rent on time and that when the landlady allowed the checks to expire, she was in fact "waiving" or forgiving the rent for those months. Certainly 90 days is a reasonable amount of time to negotiate a check.

    If you win, don't count on being renewed at the end of the lease.

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