Wheres my rent check!?! Updated Daily!

[Ns1]

nomination for thread of the year??

depends on LL reply and if you goose us.

 

[Dr. Zaus]

nomination for thread of the year??

It's early, but I think the academy should nominate it.

 

[TangoJuliet]

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

 

[Ns1]

thread of the year. This thread is more exciting than the final season of LOST

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

 

[waggy]

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

now is when i would just mention you are in contact with the police over it. you turned the check over to him. he endorsed it. what happens after that has nothing to do with you.


BUT the fact he is trying to get more money out of you is. Now tell him to contact the police and leave you out of it.

and..move.

 

[alkemyst]

wow, long story and all, but ultimately you moved in. It's not out of the ordinary to deal with the ex-tenant's trash until trash day. Most places will fine you if you put it on the curb to early.

Same thing with food in the fridge. Putting it all in the trash is just going to cause problems with it rotting.

Have you determined that the check was deposited into an account he owns or not? It's really not clear with all the side story.

I also find it funny how everyone always has their own 'lawyer'. In all honesty when you do, you stop being the one handling such situations and let them do what you are paying them for.

I have a lawyer for my mortgage, they call me and I tell them to call him.

 

[alkemyst]

How would I go about filing a report? I don't want to call 911. I guess just look up a local police precinct and tell them what happened? I hope they have 30 minutes to listen to the story

yeah dude, don't call 911; take the 10 seconds to google the non-emergency number of your local police.

However; there is no need to spend 30 mins...there is just one main issue.

If the check was deposited by him and has cleared your account with his account numbers being referenced, he has been paid.

If there is any other combination of issues then it's up to you, him, the bank to work it out.

In the days prior to online banking/bill pay I once put my payment to VW in my insurance envelope and the insurance payment in the VW one. Despite the payees being wrong, they were deposited. It took a month to figure out why VW was telling me I owed them another $150.

I am sure most here would have told me to involve the police to, but in reality there was no crime if you understand how checks work and the laws on them, much like how post dating a check means nothing. Once you had over a check it's considered cash more or less same way technically giving someone a check when you don't actually have the funds yet in your account, but know they will be in there by the time the check clears is illegal.

 

[Ketchup]

thread of the year. This thread is more exciting than the final season of LOST

Now let's just hope it doesn't have an equally disappointing ending.

 

[Schfifty Five]

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

Normally, this wouldn't be a problem since you could just do a stop payment and write a new check. However, the money has been drawn from your account and imo, all the liability lies with the stupid ass LL.

edit: Another thought, as much as this LL sounds like a D-bag, perhaps the easiest way to settle all of this is to actually just go to citi bank or whichever bank with him and sort it out in person?

Isn't there some way to just show him any laws/regulations that prove you are in the clear in terms of having paid the month's rent?

edit 2: oh, and Fuck that land lord. I always tell myself to not jump to conclusion without both sides of the stories/all the details, but I just want to punch the dude in the face.

 

[her209]

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

A check was received by your landlord and funds were withdrawn. IANAL, but to me, that sounds like your rent was paid. If the landlord believes the check was stolen while in his possession and cashed, then tell him to go file a police report.

I'd also look at the Tenant Right's Law for your state which I believe is NY.
http://www.oag.state.ny.us/sites/default/files/pdfs/publications/Tenant_Rights_2011.pdf

Some sections of interest through my quick reading:

If a lease states that the landlord may recover attorney’s fees and costs incurred if a lawsuit arises, a tenant automatically has a reciprocal right to recover those fees as well. Real Property Law § 234.

Where a tenant pays the rent by personal check, the tenant may request in writing a rent receipt from the landlord. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. Real Property Law § 235-e.

Generally, the penalty for a rent overcharge is the amount an owner collected above the legal regulated rent, plus accrued interest. If the overcharge is willful, the landlord is liable for a penalty of three times the amount of the overcharge for two years prior to the filing of the complaint. The landlord has the burden of proving that the overcharge was not willful. Tenants who believe they are being overcharged should contact DHCR.

Landlords are prohibited from harassing or retaliating against tenants who exercise their rights. For example, landlords may not seek to evict tenants solely because tenants (a) make good faith complaints to a government agency regarding violations of any health or safety laws; (b) take good faith actions to protect their rights under the lease; or (c) participate in tenant organizations. Tenants may collect damages from landlords who violate this law, which applies to all rentals except owner-occupied dwellings with fewer than four units. Real Property Law § 223-b.

A landlord is prohibited from any action intended to force a tenant out of an apartment or to compel a tenant to give up any rights granted the tenant by law. No landlord, or any party acting on the landlord’s behalf, may interfere with the tenant’s privacy, comfort, or quiet enjoyment of the apartment. Harassment may take the form of physical or verbal abuse, wilful denial of services, or multiple instances of frivolous litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment.

Also:
http://www.nyc.gov/html/hpd/html/tenants/harassment.shtml

f the apartment is not rent-controlled or rent-stabilized, tenants may have a basis to bring legal action against the owner in HousingCourt and may be able to collect damages. Tenants may want to consult with or retain an attorney before initiating any lawsuit. Tenants who cannot afford representation may be eligible for free or inexpensive legal assistance from the Legal Aid Society.HPD's Fair Housing Counselors can also give tenants legal assistance. Dial 311 for information.

But the bottom line is, CONSULT A LAWYER.

 

[Turin39789]

LL's response:

Like I said I would be more the happy to do the legwork. Citi will not deal with me ...for your protection, it's your account. It's a phone call or a trip to the bank that needs to get done. I know how the system works I know how to get the money back - but you have to be the one to do it. March's rent has not been received by my llc. A check was received, and lost, but payment has not been paid that's the bottom line and you can fix it. If you choose not to that's up to you.

Any chance of moving that game plan timeline up a bit?

 

[alkemyst]

This still boils down to what account did the check pay IN TO.

You are going to be hard pressed in a court of law to prove you actually handed a check over to someone.

Ultimately this comes down to figuring out where the payment went.

If to the landlord, you are done.

If not, then seriously the effort being put forth above even is retarded. Get your money back and give the landlord a new check.

A judge is going to punt this on the same merit. Probably tell you both to start acting like adults or go move back with your parents.

I really don't get how ATOT buys into sensationalism and creates their own laws / legal methods.

 

[Turin39789]

This still boils down to what account did the check pay IN TO.

You are going to be hard pressed in a court of law to prove you actually handed a check over to someone.

Ultimately this comes down to figuring out where the payment went.

If to the landlord, you are done.

If not, then seriously the effort being put forth above even is retarded. Get your money back and give the landlord a new check.

A judge is going to punt this on the same merit. Probably tell you both to start acting like adults or go move back with your parents.

I really don't get how ATOT buys into sensationalism and creates their own laws / legal methods.

TJ didn't endorse the check, the LL/Wife did. Then they(possibly) lost it. I just don't understand your argument. The landlord admitted that he received the check.

If he had paid them with an envelope of cash, and later that day the LL left it in an unlocked car and it was stolen, it is not on TJ to repay the landlord and track down the thief to try and recover the money.

 

[alkemyst]

TJ didn't endorse the check, the LL/Wife did. Then they(possibly) lost it. I just don't understand your argument. The landlord admitted that he received the check.

If he had paid them with an envelope of cash, and later that day the LL left it in an unlocked car and it was stolen, it is not on TJ to repay the landlord and track down the thief to try and recover the money.

A check is not the same as cash fully. Ultimately there is absolutely no judge that would allow rent to not be paid over a lost check. I am positive, that same judge would be ballistic having to hear such a case.

If the tenant paid in cash and without a receipt yes, if the landlord lost it; that tenant may have to pay again. This is why cash is usually a bad idea 99.9999% of the time.

Forum posts and private email do not hold up in court. No one is going to go forensic on this and pull server records and the like over such a petty thing.

What is clear in all of this is the OP doesn't and never did like is living arrangements. Being this is so represented here, it really takes away from any defense he is making if you look at it impartially.

In the end if the check didn't end up in the landlord's account, that is a the problem and easily handled.

 

[Dr. Zaus]

What alky said, just checked, 100% legit.

 

[waggy]

/facepalm


NO judge is going to make the OP pay TWICE when the LL got the damn check. NOT GOING TO HAPPEN.

Forum post? WTF are you babbling about? Yes private Email can and do hold up in court. really you are so fucking idiotic its funny.

 

[Gibson486]

Bear with me, I have not checked this thread in days.....

Actually...Alky is sort of correct, It was what i was eluding to earlier... If he decided to bring this into court, he would need direct evidence that the check was received and deposited. That letter he got just says it went to the LL's bank. It does not say it went to the LL's account. All of the emails are not really going to hold up because it is just he said she said.

 

[alkemyst]

/facepalm


NO judge is going to make the OP pay TWICE when the LL got the damn check. NOT GOING TO HAPPEN.

Forum post? WTF are you babbling about? Yes private Email can and do hold up in court. really you are so fucking idiotic its funny.

dude, please stop guessing in life.

Private email doesn't hold up as far as print outs. No court is going to go forensic on this.

It's a simple matter of seeing where the check posted.

If not in a landlord owned account or not in any account that needs to be resolved.

 

[Dr. Zaus]

dude, please stop guessing in life.

Private email doesn't hold up as far as print outs. No court is going to go forensic on this.

It's a simple matter of seeing where the check posted.

If not in a landlord owned account or not in any account that needs to be resolved.

Verification check, 100%, no errors found.

 

[SparkyJJO]

If the OP has the canceled check with the LL signature on it, then that should automatically prove that the rent was paid. If the LL did something stupid with it, that's not the OP's fault.

/thread

 

[abaez]

All of you guys are talking about the LL getting the check and this makes OP in the clear. Why is it so hard to just get the information on which account the check actually WENT INTO? Why are people telling the OP to screw it and have the LL deal with it when he is obviously being difficult.

OP says to LL: Check/money was deposited into account number XXXXXXX. This is your account.

DONE. DONE DONE DONE. No more fucking with the LL, no more putting the blame on him, no more wasting time dealing with this shit, no more LL replying back telling the OP he has to do it.. NOTHING. He goes to court he has a bulletproof case, basically he is in the clear and can move out of that shithole.

 

[Dr. Zaus]

All of you guys are talking about the LL getting the check and this makes OP in the clear. Why is it so hard to just get the information on which account the check actually WENT INTO? Why are people telling the OP to screw it and have the LL deal with it when he is obviously being difficult.

OP says to LL: Check/money was deposited into account number XXXXXXX. This is your account.

DONE. DONE DONE DONE. No more fucking with the LL, no more putting the blame on him, no more wasting time dealing with this shit, no more LL replying back telling the OP he has to do it.. NOTHING. He goes to court he has a bulletproof case, basically he is in the clear and can move out of that shithole.

I think you don't understand the point of this thread...

 

[ZBOLTZ]

So you mail one check and have an issue, so you want to mail another one? My question is why are you using checks in the first place? If this check is lost in the mail, your account number is on there not to mention other possible data. Of course the only way for a bank to help you in the case of a lost account number is to close the account and opening a new one. You can place a stop payment, but do you really want to pay a $30 fee for that?

Why don't you just make things easier by just using Bill Pay? Most banks offer it for free as long as you have direct deposit with them. With Bill Pay you send your payment online and your bank will guarantee that it will be received by the payee. Since using Bill Pay is a service provided by your bank, they will also take care of any issues or any fees that may result from the payment not getting to its payee. That means that rather than you running around trying to do this and that, you just simply notify your bank by phone and they will take care of it for you. Unlike using checks (which are being phased out) Bill Pay is actually a safe way to pay without having to worry about your money or any important data being lost.

 

[3chordcharlie]

dude, please stop guessing in life.

Private email doesn't hold up as far as print outs. No court is going to go forensic on this.

It's a simple matter of seeing where the check posted.

If not in a landlord owned account or not in any account that needs to be resolved.

It's awfully easy to deposit a cheque to just about any account, especially once endorsed. It's also relatively to simply cash it.

If the cheque (or acceptable image) was returned to the bank (and it needs to be, in order to clear) and it's endorsed with a legit signature, OP is done; any theft is the LL's issue.

Otherwise I could easily take the OP's cheque, endorse it, give it to you (split the cash), and go back for more.

 

[TangoJuliet]

Look nobody likes having money stolen from them especially in that amount. That is why I was working with the LL. If the same situation happened with me and my tenant I would hope she would work with me as well.

However, the situation turned when the LL lied to me. The first message about the check wasn't even nice. It was "hey, i get a late fee if your check isn't here".

Its not a case of the check not arriving. After being caught in a lie, the LL admitted to me that he had the check in his possession on 2/29/2012. That check was signed by him with his account number on the back. He claims that it was lost and the monies are not in any of his accounts but I have zero proof that it is not. He has not sent me a bank statement, or anything to prove otherwise. My calls to Citibank have also proved that the money was deposited into the account with the numbers on the back of the check.

What I do know from Citibank is that the check was received from Chase. I have no idea if the LL has an account with Chase. His wife, family member, drug dealer, etc could have an account there.

I have 2 small children, my days off are Sunday/Monday and I work shift work. Its not the easiest thing to just pop over to a bank whenever. I commute over an hour to work each day and the bank is closed by the time I get home from work when I work dayshifts. Citi's only late day is Thursday. When I work nights its almost impossible to get out to do something. I work 4-12 get home at 1am. The kids are up at 6am and my wife leaves for work at 7am. My 6 month old takes her nap at 8, gets up at 930 and my son has day care at 945. By the time I drop him off I have to feed the baby and get her home for a nap.

If the check was lost in the mail then yes it would be my responsibility to write a new check to the LL. Even if the check had been stolen out of a lockbox/mailbox prior to him having possession of the check then I would have sent him a new one. Neither of those are the case. Had the LL been up front and told me he lost it I would have stopped payment and issued a new check.

The issue we is he lied about the situation and tried to place the blame on me rather then himself.