SRS This is a question mostly for renters or who have rented

Discussion in 'On Topic' started by registeredPORK, Oct 6, 2009.

  1. registeredPORK

    registeredPORK Happy Poo Poo

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    So, this may sound like a dumb question but I need an honest answer. The line for me is so borderline that I don't know who's responsible for what at either end.

    OK--here goes!

    You (the renter) write a check for your monthly rent and hands it to the landlord.


    The landlord takes the check, and does nothing with it.



    At this point, is it the responsibility of the landlord to deposit the check and does what he needs with it? So as the renter, you shouldn't worry as long as the money was in your account, correct?

    What if the landlord claims that they lost the check, or that a check was never written?

    Should you write another check? Should you deduct the amount to cancel the previous check?


    So when is it the renters responsibility and then the landlords responsibility?
     
  2. blackbirdbeatle

    blackbirdbeatle New Member

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    The cheque never deducts from your account until he deposits it. Since he never did (Said he lost it), all you have to do is void that cheque and make a new one. The bank can do it for you if you don't physically have the cheque. If there was money deducted then he lied and is trying to scam you and you should record the conversation and fleece him for all he's worth, the scumbag.

    If he is a shit and this is a regular thing then move out after lease ends or charge him for printing new cheques you are wasting on his dumbass.
     
  3. BoomBoomBoy

    BoomBoomBoy Guest

    Technically it gets down to a pissing match. Your word over his. If he indeed lost the check, call your bank and cancel that specific check, and write him a new one. Hopefully he won't charge you a late fee for rent.
     
  4. registeredPORK

    registeredPORK Happy Poo Poo

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    Even though you can void the check, can you actually deduct the cost of canceling it from the amount owed (say rent is $800, cancellation costs $50, giving him $750)?

    Or is it your responsibility to pay the cancellation cost and write him a new one?
     
  5. registeredPORK

    registeredPORK Happy Poo Poo

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    That's where it gets messy though.

    He lost the check, making you have to cancel the check you wrote, means a cancellation fee that you have to pay. Writing him a new one isn't so bad, but why would he charge you a late fee if he was the one that lost the check in the first place?

    Not to mention, who is then responsible for the cancellation fee?
     
  6. BoomBoomBoy

    BoomBoomBoy Guest

    What kind of bank charges $50 to cancel a check? Get a new bank. :rofl:
     
  7. calisteph6

    calisteph6 Active Member

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    My landlord had some personal things going on in his life and would hold on to 3-4 months worth of my rent for awhile. It was kind of a pain in the ass because I usually transfer excess money into my savings account but I had to be careful I had the correct # of months rent in my account (I don't keep a check ledger).

    I just shot him an email and made sure everything was ok and he hadn't lost my checks and he just told me he had family issues and what not.
     
  8. registeredPORK

    registeredPORK Happy Poo Poo

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    Dude, what insight on an example :ugh2:
     
  9. blackbirdbeatle

    blackbirdbeatle New Member

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    I would think a reasonable person would accept a deduction but you have to ask your landlord. But I've never heard of a fee for voiding a cheque. I'm pretty sure you're confusing a stop-payment with a void order, the former you don't have to do if the cheque hasn't been given to the bank like your landlord said and never will because it's gone.
     
  10. BoomBoomBoy

    BoomBoomBoy Guest


    Thanks!
     
  11. borazhasleftthebuilding

    borazhasleftthebuilding Lets Party OT Supporter

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    It plays to the impact it has on the renter...while its not the landlords fault that the renter has a crappy deal with their bank, it demonstrates the hassle and impact(not the word im looking for) on the 'innocent' one in this example.

    in the end, it doesnt really matter cuz the landlord can do moar harm to the renter in the long run with what he has access to

    dont let pride or right and wrong fuck with you, just fix the current situation and take comfort in that you were in the right. Its not aboot the renter being trampled on or anything, though one could be all dramatic aboot it if one wanted to go down that road.
     
  12. havelegs

    havelegs Active Member

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    Deduct the cancellation fee from the rent due to his negligence.
     
  13. BoomBoomBoy

    BoomBoomBoy Guest

    What happens if the landlord claims he never got the check?;)
     
  14. Franco

    Franco New Member

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    This is the Asylum :ugh:


    Anyway, if he then claims he didnt get the check, and wants to issue late fee, then it is time to show up wiht a crowbar and smash his face in.
     
  15. Phat_J

    Phat_J OT Supporter

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    Get receipts and you shouldn't have any issues right.
     
  16. GregFarz78

    GregFarz78 New Member

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    hand him the check and ask for a receipt of payment and you'll be covered

    /thread
     
  17. johan

    johan Active Member

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    .

    simple issue, simple resolution
    end story
     
  18. m_-f

    m_-f New Member

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    Start using money orders. That way you will have a receipt if he doesn't want to give you one.
     
  19. Coottie

    Coottie BOOMER......SOONER OT Supporter

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    Why would any landlord be opposed to giving a receipt? This makes no sense.
     
  20. m_-f

    m_-f New Member

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    I've rented at two different apt complexes and never once did they give me a receipt.
     
  21. Diesel66

    Diesel66 My standards for women is like rent-a-centers stan OT Supporter

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    did you actually hand the check over or just drop it in the box ?
     
  22. Drifter87

    Drifter87 Yippi-kay-ay, Motherfucker

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    I do Web Bill Pay... so at the first of every month I send my landlord the money and my bank lets me know if it is "Paid" or "Pending". If there is an issue with payment he has to deal with my bank and my bank is very good at keep tracking of things.
     
  23. GregFarz78

    GregFarz78 New Member

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    must've been some pretty shitty/shady landlords then you have every right to demand a receipt
     
  24. tenxia

    tenxia OT Supporter

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    Well, if you have to pay a few fees here and there, just do it.

    From now on, get a receipt of payment.

    And once your lease is up, get the hell out of that place.
     
  25. johan

    johan Active Member

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    Where you don't get a receipt, the cashed check acts as proof of payment.

    If you don't get your cashed checks returned to you, then make that arrangement with your bank.
    It's a simple service, most checking accounts offer it.

    If you need to go to litigation or mediation over rental disputes, you will need that cashed check.




    But, ultimately, if you're renting from some scumbag slumlord that is so dishonest/stupid that he can't be trusted with a check (i.e. 100% verifiable paper trail) then it's time to get out of that place anyways.
     

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