Oh man I am PISSED!

[OS]

http://www.lacountyassessor.com/extranet/DataMaps/pais.aspx

that one seems pretty useful from casual poking around

 

[z0mb13]

Originally posted by: Vic
I can't speak for CA, but I know that in OR and WA it is illegal to post-date checks. The funds must good for presentation to the bank the day the check is given to the payee, otherwise you are knowingly written a bad check (even though the funds will be available later). So you might not have a case there. As to why it went through on May 13th, banks are known to not even bother to check the date prior to processing the funds, for the same reasons.

The utilities issue goes by whatever the lease agreement says. She can't change her mind after the fact on that.

Your landlord's mortgage payment is not your concern. You might be able to find the last sale date at zillow.com. However, most adjustable rate mortgages don't adjust for at least a year, and usually 3 to 5 years. Those that do adjust more rapidly, such as Option ARMs, typically have negative amortization clauses that cap the payments even when the rate goes up.

well the funds was always going to be there so the check wouldnt have bounced, so the legality of backdating is irrelevant. What irks me is she changed the date on that check. I dont think she is allowed to do that. But I understand I am standing on thin ice, so I am not making a big deal out of it.

The reason why I am investigating on how much and when she bought the house is because there are two other people that is currently renting rooms in this house. When I confronted her about the situation I told her that I was not going to make a big deal out of it, and I wouldnt mention it to the other tenants, so she doesnt have to find new people. After thinking some more I am afraid she is in a much worse financial situation, and maybe even facing foreclosure. If you cant even pay a cable bill, how can you pay the mortgage and car payments? Also she always takes the mail out of the mailbox (she is the only one that has a key) so that worries me as well, there might be other bills that are also past due.

 

[deejayshakur]

i've had some rocky times with my recent landlord (of 3 weeks) and while it'll be a few more years, buying a house (or at least paying rent to my parents) is on the top of my list. unfortunately, landlords have a lot more power than it always seems, and i'm tired of having to fight uphill battles that i didn't start.

anyway, maybe you can try: http://realestatecenter.bankofamerica.com/RePortal/homepage.aspx

i agree with the previous poster about talking to a radio lawyer....michael finney also comes to mind, but he's more consumer-oriented. keep us updated.

 

[z0mb13]

ok zillow and another site said that the last sale transaction was on dec 30 2002. and I think she has significant equity in the house... She might have refinanced or do a stupid heloc though..

 

[imported_Dirac]

im glad you confronted her about it and all. like the other posters said, you are on thin ice as this isn't a case worthy of the time and effort it may take you should you decide to act on her forgery.

as long as everything is smooth (in terms of moving out, etc.), then just drop the situation. she probably already is sorry that she did it.

 

[thoro86]

man, sh*t happens......

 

[alkemyst]

Originally posted by: biggestmuff
call your bank and tell them what happened. call the police. get a lawyer. people shouldn't be allowed to do that. let her know!

Actually in many states (perhaps all) a post dated check can be cashed at any time.

Also regardless of what she told you or is now asking you to pay, what did your lease state?

 

[kranky]

Please take the above advice to forget about the altered date on the check. She shouldn't have done it, but it didn't make a bit of difference. She could have cashed it early anyway.

I think you're wise to move out. Let it go, she's obviously not able to handle being a landlord.

Even if you find exactly what she paid for the house and when she bought it, what would that tell you? You'd still be guessing at how that relates to her cash flow. It wouldn't tell you if she's current on the mortgage, what the payments are, anything.

 

[imported_Phil]

You'll be able to mess things up with her more by leaving and forcing her to effectively pay your rent (as part of the mortgage) until she finds someone new.

 

[EngenZerO]

i agree with the majority of posters... cut your losses...

just put in your notice and leave... that will be a bigger blow to her financially...

 

[dabuddha]

That's why I tend to print out my rent checks :/

 

[z0mb13]

Thanks for the input guys!

 

[SampSon]

Thats fraud, a federal offense.
This is why I have the carbon copy style check books.

 

[Axoliien]

I would have to say that altering someone elses check is fraud, but it's going to be more annoying to you to have to follow through on that. Just tell her she is breaking contract and leave. Check your lease to see if it says what utilities you had to pay. Also have her give you in writing a note that says you must pay those extra utilities and that she forgot to mention it during leasing. If your contract says she is responsible for some utilities than she must pay or contract is void and you may leave. If not then it probably notes that you will be responsible for all utilities and you will be breaking the contract if you leave.

Let us know what your contract says.

 

[HomeBrewerDude]

the best you can do is move and yell at her for being so goddamn inconsiderate

 

[JS80]

wait so are you going to sue her for 9 days of interest on $850?

lol man the balls on this lady to alter your check! next time she'll add a zero to the $850

 

[z0mb13]

Originally posted by: Axoliien
I would have to say that altering someone elses check is fraud, but it's going to be more annoying to you to have to follow through on that. Just tell her she is breaking contract and leave. Check your lease to see if it says what utilities you had to pay. Also have her give you in writing a note that says you must pay those extra utilities and that she forgot to mention it during leasing. If your contract says she is responsible for some utilities than she must pay or contract is void and you may leave. If not then it probably notes that you will be responsible for all utilities and you will be breaking the contract if you leave.

Let us know what your contract says.

my contract says I am only responsible for a portion of the water bill.

I wont sue her... I just want to get out the place

 

[JEDIYoda]

Sueing for 9 days interst..lol

Checking to see when she bought that house and trying to figure out her financial condition...lol...

A completely bad scene that you can make worse diving into her personnal financial affairs...

Just move and be done with it.

 

[Injury]

Originally posted by: JS80
wait so are you going to sue her for 9 days of interest on $850?

I've been wondering this the whole time, too.

It would be one thing if a direct deposit from your work wasn't going in until like, the 27th and she overdrew your account or something... but it's pretty much pointless if you were expecting to turn a big profit over 9 days interest (assuming you have a checking account with interest... and it compounds daily instead of monthly.)

Swipe 2 cents from her and call it even.

As far as her telling you to pay other bills, review your lease and see what it says you have to pay. If it doesn't say you have to pay anything and you are for sure moving out, tell her to STFU and not pay for anything. If it tells you that you pay for water... pay for water and tell her to STFU.

 

[chowderhead]

I don't get it. You live in the same house as the woman. On May 11, you gave a check because you were afraid that you wouldn't get back in time after a two week vacation. 2 weeks would be May 25. May 29 would be 4 days after you get back. Since you don't have to mail the check, why go through all the hassle of post-dating a check. Plus, you had the money in your account anyway so it was a moot point. Drop the whole thing and move on with your life.

 

[IHateMyJob2004]

Teach her a lesson and stay!

If your check didn't bounce, shut up.... it's over. If it bounced, take hteamount of next months rent and give a letter.

DO NOT pay anything more than what you agreed to. If it's not on the lease, she is an idiot.

In the future, keep your checks logged in your check book. They give you a ledger for a reason.

 

[Injury]

Originally posted by: IHateMyJob2004
Teach her a lesson and stay!

If your check didn't bounce, shut up.... it's over. If it bounced, take hteamount of next months rent and give a letter.

DO NOT pay anything more than what you agreed to. If it's not on the lease, she is an idiot.

In the future, keep your checks logged in your check book. They give you a ledger for a reason.

:thumbsup:

 

[imported_Baloo]

First, you did not back date the check, you post dated it, which is illegal. The check was valid from the date you wrote it, not that the date you put on the check.

Am I hearing this right? The landlord is paying for the utilities, except the water, and that is objectional to you? If I were the landlord, you'de be paying all those utilities.


You are moving because you are pissed the landlord did not wait to cash the check, you are still obligated to pay your lease.


If the check was old, as in thirty days or more, and she changed the date to a recent date, that would be illegal. I don't believe she did change the date. The 20th is still 7 days after the date she cashed it, which was still less than thirty days after you gave it to her - there was no need to change it. Don't interpret this to mean banks won't honor checks over thirty days, most do, but some don't, and none have to.

 

[Adul]

reminds self to print out checks

 

[Nutdotnet]

Originally posted by: Baloo
First, you did not back date the check, you post dated it, which is illegal. The check was valid from the date you wrote it, not that the date you put on the check.

Am I hearing this right? The landlord is paying for the utilities, except the water, and that is objectional to you? If I were the landlord, you'de be paying all those utilities.


You are moving because you are pissed the landlord did not wait to cash the check, you are still obligated to pay your lease.


If the check was old, as in thirty days or more, and she changed the date to a recent date, that would be illegal. I don't believe she did change the date. The 20th is still 7 days after the date she cashed it, which was still less than thirty days after you gave it to her - there was no need to change it. Don't interpret this to mean banks won't honor checks over thirty days, most do, but some don't, and none have to.

1. Your right on the post-dated check thing
2. The landlord is paying utilities as it was agreed on the lease that the landlord would. The lease states he is only required to pay for water. Now she wants to tack on electric and gas.
3. The lease is month-to-month. As long as he gives proper notice he has nothing to worry about.

At least that's what I got in the 30 seconds I scanned this thread.