Got a text from my LL the other day saying if he didn't get the rent money I was going to be charged a late fee. I told him I mailed it a week early like always and post dated the check.
He tells me he never got it. I said I have until the 10th to make the payment so if its not there by the 9th I'll stop payment and mail a new check.
I check my account today and it shows the check as being cleared. I send him a text saying I guess you got the check yesterday and cashed it. He tells me no. I pull up the account and it shows his signature and his account number on that check.
He then goes on to tell me that his wife tried to cash it on the 29th but the bank wouldn't let them cause it was dated 3/1. I call my bank and they said they can't stop payment because it already cleared. They said I have to go to a branch and they'll straighten it out.
I tell the LL this and he tells me to go to the branch. I work nights this week and have my kids during the day so I can't go out to the bank. I tell him I'll go on Saturday and mail a new check monday.
Should I really be doing all this work? I mailed the check early. He admitted to having the check in his possession. Whoever deposited is really not my problem, right/wrong?
Update 3/7
This is what he messaged to me
"According to my bank, your bank holds all of the ability to do anything. They can see where it was deposited and into what account and get it back. Once we find out who deposited the check we can talk about pressing charges if the bank doesnt do it automatically.
Being in banking for 5 years I would guess they would and just assume let them deal with all that."
I told him I'll call my bank tomorrow to see where it was deposited to. Thats pretty much as far as I'm going. I told him in the future he can make arrangements to come to the house to get his rent. He tells me he's coming the 1st of every month. I said no, we'll make an arrangement for a date between the 1st and 10th of each month.
He then sends me this
"Well be up there Sunday to see the progress of the house (they are buying a new house in the area). I can pickup march check then."
I replied
"No, I'm not giving you another check until this is straightened out. I dont have another $2500 to pay".
Seriously its been 9 months of shit like this over and over. We haven't told him but we are in the process of buying a house. I can't wait to see the look on his face when we say PEACE OUT. We retained a lawyer and have enough information to break the lease.
Major Update 3/9
Today's update
Me: Chris I just got off the phone with citi again and I had them start an investigation on where the check was deposited. If it was done at an atm or branch I'll get that information. If it was done through a mobile device then I'll get the bank's information. They should be able to get that information today.
The rep was almost 100% positive that the check was deposited into the account on the back of the check but we'll find out more
LL: Ok. If you are not getting answers you want or as quick as you want, a good friend of mine is a manager there and she can help. Let me know.
How would the person even know what bank to deposit it into? Didn't say capital one. Just an account number.That would be a hell of a guess.
Plus I've looked at my account everyday and it's not there. I can send screen shot if you want to show them.
Me: The rep said it is impossible to deposit it into any other account then the one on the back. The only other scenario she said could happen is if there was a typo on the account number when depositing it. sure, u can send me a screen shot if u like
LL: He's right....but if it's deposited into an ATM or with mobile device no person looked at the check. And it's possible who ever double checked ATM in morning was lazy....And that bank will be responsible
Me: Very true. So let me ask u this. Where is the check? Do you not have it any more?
LL: Huh?
Me: You said kerri tried to cash it on 2/29 but the bank wouldnt let her. You then said it was in her truck. So where did it go?
LL: If we knew that the. This process would be easy
Me: Ok. so let me see if I have this correctly. You got the check somewhere around the 2/27-2/29. You signed the check and put your account number on it and your wife tried to cash it. You then contact me on 3/5 saying that you never got the rent check but that obviously was not the truth. So the possible scenario here is your wife lost the check and you tried to blame it on me not sending it. Someone found the check and was successful in cashing it. Now you have me doing the leg work on finding out what happened??
This is seriously a huge inconvenience
LL: I admit it was our fault and would be willing to do the legwork Citi will only deal with the account owner. Perhaps you could give permission for them to deal with me
I have no problems doing the work and quite frankly know the lingo to use better...And we apologize for the inconvenience.
So that was indeed the case. LL lied to me that I didn't send the check when in fact it was his wife that lost it. What a piece of shit!!!!!