Help! (landlord/rent payment issues)
I have lived in my rented north slope apartment for two and a half years. I moved in at $1800 a month. I'm now paying $1975. My rent is always paid by check and mailed to arrive on the first or second day of the month. Have never had any problems....until now
I noticed today that my landlord did not appear to have deposited either my OCtober or my November rent check. My building is owned by three of four senior citizens who do not live in the actual property. I spoke to one of the landlords on the phone and she claimed that both checks had bounced and asked me whether I was having financial problems and refused to listen to me when I explained to her that I've had a balance of $5,000 or so just sitting in my checking account, waiting for her to put those checks through.
Now, it looks like she put the November check through on November 3rd and on that date I actually had 11 grand in my checking account (I'd just received payment from a client). Yet this check actually did inexplicably bounce. I looked into the October check and see that it was never even put through. I called my bank who confirmed that that check was never presented to them. I have not received either check back.
I apologized to my landlady about the check that did bounce and explained to her that I had sufficient funds in my account when she presented it and that I am not sure what went wrong. She wasn't even listening. I offered to pay any fees she incurred as a result of the check not going through and I also offered to wire the money straight into her account so that she'd have it immediately.
She was slightly hysterical and she kept saying "I do hope we can keep you in the building but we may not be able to. We are so very upset."
She made me call two of the other owners and apologize to them (they were foul). I again offered to wire the money into their bank account and they seemed affronted by the very idea. One of them said he'd be over at noon tomorrow to collect 4 grand in cash.
I explained to him that I bank with NEtbank which does not have branches and that the only way I can get 4000 to him tomorrow at noon is by wire transfer which I can put through over the phone with my bank - or by regular check. He has refused to accept either and says that I have to produce either cash or a Cashier's check by tomorrow at noon.
I am really pissed. Firstly, they have produced absolutely no evidence that the second check bounced. In fact my bank has confirmed to me that that check was never even presented for payment.
I am not sure what to do. There are veiled threats that I "won't be able to stay in the building." I have six months left on my lease. I don't understand why they can't just accept a wire transfer.
I would like to know, legally, where I stand. I have a standard lease that doesn't say anything about them being able to haul me out on the street and doesn't specify whether rent should be paid by check or otherwise. What about if I just demand a copy of any bounced checks and hand them a regular check with a copy of my checking account balance attached to it?
I wish I could make them understand that a wire transfer would be the best option all around and that they'd haev the cleared funds in their bank account within minutes.
God I DETEST renting.
I noticed today that my landlord did not appear to have deposited either my OCtober or my November rent check. My building is owned by three of four senior citizens who do not live in the actual property. I spoke to one of the landlords on the phone and she claimed that both checks had bounced and asked me whether I was having financial problems and refused to listen to me when I explained to her that I've had a balance of $5,000 or so just sitting in my checking account, waiting for her to put those checks through.
Now, it looks like she put the November check through on November 3rd and on that date I actually had 11 grand in my checking account (I'd just received payment from a client). Yet this check actually did inexplicably bounce. I looked into the October check and see that it was never even put through. I called my bank who confirmed that that check was never presented to them. I have not received either check back.
I apologized to my landlady about the check that did bounce and explained to her that I had sufficient funds in my account when she presented it and that I am not sure what went wrong. She wasn't even listening. I offered to pay any fees she incurred as a result of the check not going through and I also offered to wire the money straight into her account so that she'd have it immediately.
She was slightly hysterical and she kept saying "I do hope we can keep you in the building but we may not be able to. We are so very upset."
She made me call two of the other owners and apologize to them (they were foul). I again offered to wire the money into their bank account and they seemed affronted by the very idea. One of them said he'd be over at noon tomorrow to collect 4 grand in cash.
I explained to him that I bank with NEtbank which does not have branches and that the only way I can get 4000 to him tomorrow at noon is by wire transfer which I can put through over the phone with my bank - or by regular check. He has refused to accept either and says that I have to produce either cash or a Cashier's check by tomorrow at noon.
I am really pissed. Firstly, they have produced absolutely no evidence that the second check bounced. In fact my bank has confirmed to me that that check was never even presented for payment.
I am not sure what to do. There are veiled threats that I "won't be able to stay in the building." I have six months left on my lease. I don't understand why they can't just accept a wire transfer.
I would like to know, legally, where I stand. I have a standard lease that doesn't say anything about them being able to haul me out on the street and doesn't specify whether rent should be paid by check or otherwise. What about if I just demand a copy of any bounced checks and hand them a regular check with a copy of my checking account balance attached to it?
I wish I could make them understand that a wire transfer would be the best option all around and that they'd haev the cleared funds in their bank account within minutes.
God I DETEST renting.
Comments
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wow, i can't even to pay my $600 rent. can i borrow some bills?
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Anotherdayinbkln wrote: wow, i can't even to pay my $600 rent. can i borrow some bills?
That's really not very helpful. I'm pretty stressed and possibly about to be evicted right now -
Are these landlords wearing mafia medallions or Alzheimer’s awareness bracelets? It's surprising that anyone would be comfortable carrying $4000.00 cash. I get nervous with five twenties in my wallet! If you pay them cold hard cash tomorrow, two days later they might accuse you of giving them Monopoly money.
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Anotherdayinbkln wrote: wow, i can't even to pay my $600 rent. can i borrow some bills?
I had the same thought and wondered if the nearly $2000.00/month rent covers two people. -
raw wrote: Are these landlords wearing mafia medallions or Alzheimer’s awareness bracelets? It's surprising that anyone would be comfortable carrying $4000.00 cash. I get nervous with five twenties in my wallet! If you pay them cold hard cash tomorrow, two days later they might accuse you of giving them Monopoly money.
LOL, thats a good point. I just spoke with my bank and they told me that if I give my landlord a regular check tomorrow, he can call my bank and verify the funds there and then. Hopefully that will shut him up -
raw wrote: [quote=Anotherdayinbkln]wow, i can't even to pay my $600 rent. can i borrow some bills?
I had the same thought and wondered if the nearly $2000.00/month rent covers two people.
Nope. I live alone. This is the going rent around here, why the surprise? -
They can't evict you over one bounced check. Once they accept the money you owe, you're fine. I would be really concerned about why the bank is bouncing checks when there's money in your account.
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Rose wrote: They can't evict you over one bounced check. Once they accept the money you owe, you're fine. I would be really concerned about why the bank is bouncing checks when there's money in your account.
Guess what? I called my bank, gave them the check # in question and they said that that check had never even been presented to them to this date! It doesn't help that my landlords are all elderly (the main one I deal with is 82). It doesn't look like I'm at fault at all and yet I'm having to deal with them throwing their weight and talking about eviction. -
If the check bounced, you would have record of that in your bank statement. Go to your bank branch, get a copy of your official bank statement in the disputed dates, show it toyour landlord. If nothing is posted to your account or with those check numbers, then one of those geezers probably still have it in their pocket.
I am also sure there is a Tenants Rights type of association you can contact, and get a template of a standard letter to send your landlords to make your case (mailed letters can be upheld in court).
I had problems with my landlord back in Chicago about maintance issues, and through one of these associations I was able to type a form letter of demands, which I mailed to the landlord. If they didn't settle the dispute within 2 weeks of recieving the letter then I had the LEGAL right to not pay rent until the work was finished or hire my own workers to finish the work and take the difference out of my next months rent. Google something about Brooklyn tenents rights or something, andyou should find a way out of this.
But go to the bank first to get official copies of your statements.
ps. sorry for my snarkiness before -
Anotherdayinbkln wrote: If the check bounced, you would have record of that in your bank statement. Go to your bank branch, get a copy of your official bank statement in the disputed dates, show it toyour landlord. If nothing is posted to your account or with those check numbers, then one of those geezers probably still have it in their pocket.
Thanks. I'm with Netbank (internet bank) and they told me to just print off copies of my statement from the website and show that to my landlord. I am soooo sick of this situation. So this guy (one of the owners) is coming over at noon and he wants 2 grand in cash. I can't even access that kind of money from my ATM (daily limit is $1000) and my bank does not have branches. When I called my bank to ask them if I could get hold of 2 grand today they told me to give the recipient a check or wire the money into the recipient's bank account. My stupid landlord will accept neither. I also told the landlord that I have a doctor's appointment at noon and he said, "WELL CANCEL IT AND BE THERE AT NOON."
I am also sure there is a Tenants Rights type of association you can contact, and get a template of a standard letter to send your landlords to make your case (mailed letters can be upheld in court).
I had problems with my landlord back in Chicago about maintance issues, and through one of these associations I was able to type a form letter of demands, which I mailed to the landlord. If they didn't settle the dispute within 2 weeks of recieving the letter then I had the LEGAL right to not pay rent until the work was finished or hire my own workers to finish the work and take the difference out of my next months rent. Google something about Brooklyn tenents rights or something, andyou should find a way out of this.
But go to the bank first to get official copies of your statements.
ps. sorry for my snarkiness before -
I would check with the Dept. of Buildings-BIS web page and see if they have taken out any new building permits. Also start looking for pictures of your building in the front windows of realty offices. javascript:emoticon(':twisted:')
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Anonymous wrote: I would check with the Dept. of Buildings-BIS web page and see if they have taken out any new building permits. Also start looking for pictures of your building in the front windows of realty offices. javascript:emoticon(':twisted:')
I really don't think so but who knows? -
How many apartments are in your building? Plus, never pay cash unless you get a receipt. In fact you should never pay cash. canceled checks are a good thing to have when looking for another apartment to rent or buying a house, etc. Are you still on a lease?
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Idlewild wrote: How many apartments are in your building? Plus, never pay cash unless you get a receipt. In fact you should never pay cash. canceled checks are a good thing to have when looking for another apartment to rent or buying a house, etc. Are you still on a lease?
Yup my lease doesn't expire until April 1st 2007. Total of three large apartment in my building. Yes, I think cash is a very bad idea; presumably they could come back and claim I never paid the cash! -
Subject: oops - correct url
http://tenant.net/phpBB2 -
mypasswordwontwork wrote: [quote=Rose]They can't evict you over one bounced check. Once they accept the money you owe, you're fine. I would be really concerned about why the bank is bouncing checks when there's money in your account.
Guess what? I called my bank, gave them the check # in question and they said that that check had never even been presented to them to this date! It doesn't help that my landlords are all elderly (the main one I deal with is 82). It doesn't look like I'm at fault at all and yet I'm having to deal with them throwing their weight and talking about eviction.
Now I'm confused. Earlier you said one check bounced. Did it or didn't it?
If it did, and it was in fact the bank's fault and not yours, I would get a new bank. That's unacceptable.
That said, while you're not at fault in a moral sense, you're still on the hook in a legal sense. The fact that your bank screwed you over does not change that, unfortunately--late is late. (Are there penalties for late payment of rent in your lease? I would be surprised if there's nothing about payment due dates and consequences for late payment in there.) It would be nice if the landlords let it slide, but they don't have to, they sound a little nuts, and to be blunt, since it's such an odd error (the check bouncing even though you had the funds), they probably don't believe you.
However, Rose is right: I bet it's impossible for them to evict you over one bounced check and I doubt they'd want the hassle. (Whether they renew your lease may be a different matter, I don't know.) And while I'm not a lawyer, I am a landlord and I don't believe they can refuse a regular check from you. Just give the guy a check, tell him payment is payment, and make sure it is funded. -
linusvanpelt wrote: [quote=mypasswordwontwork][quote=Rose]They can't evict you over one bounced check. Once they accept the money you owe, you're fine. I would be really concerned about why the bank is bouncing checks when there's money in your account.
Guess what? I called my bank, gave them the check # in question and they said that that check had never even been presented to them to this date! It doesn't help that my landlords are all elderly (the main one I deal with is 82). It doesn't look like I'm at fault at all and yet I'm having to deal with them throwing their weight and talking about eviction.
Now I'm confused. Earlier you said one check bounced. Did it or didn't it?
If it did, and it was in fact the bank's fault and not yours, I would get a new bank. That's unacceptable.
That said, while you're not at fault in a moral sense, you're still on the hook in a legal sense. The fact that your bank screwed you over does not change that, unfortunately--late is late. (Are there penalties for late payment of rent in your lease? I would be surprised if there's nothing about payment due dates and consequences for late payment in there.) It would be nice if the landlords let it slide, but they don't have to, they sound a little nuts, and to be blunt, since it's such an odd error (the check bouncing even though you had the funds), they probably don't believe you.
However, Rose is right: I bet it's impossible for them to evict you over one bounced check and I doubt they'd want the hassle. (Whether they renew your lease may be a different matter, I don't know.) And while I'm not a lawyer, I am a landlord and I don't believe they can refuse a regular check from you. Just give the guy a check, tell him payment is payment, and make sure it is funded.
I realize this post is a little confusing. The situation itself is a little confusing. HEre's what (I think) happened. The landlord claims the October rent check bounced. My bank says that check has not even been presented yet. If the check HAD bounced in October, I'd have been charged a hefty fee by my bank by now and they would have notified me. So, that check simply was never presented and I'm thinking maybe my slightly senile landlord simply mislaid the check or something
My landlord deposited my November rent check to their bank account on the afternoon of November 2nd. At midnight on November 2nd I transferred $5000 from my money market to my checking account, to cover that check etc. So I had about $6,000 in available balance on the precise day that my landlord deposited my rent check. My landlord now claims that that check bounced. I don't see how it could have done.
That's my situation. So, I am not disputing that I owe them rent but what I am saying is that I don't believe they actually presented either of these checks for payment because I really have had the money just sitting in my account waiting. I don't like their attitude and the way they are acting like Repo Man
Every month during my 2.5 year tenancy I've paid my rent like clockwork, never has a check bounced or a payment not arrived. So I don't get why they would immediately assume the worst in this situation when I've made it clear that I am a responsible, honest person. That's whats pissing me off. I'd perhaps get it if I had only just moved in and they had no reason to trust me.
Obviously if either of those two checks really did bounce, I'd be more than happy to pay any fees associated with that. But what I will not do is pay them in cash. -
mypasswordwontwork wrote: My landlord deposited my November rent check to their bank account on the afternoon of November 2nd. At midnight on November 2nd I transferred $5000 from my money market to my checking account, to cover that check etc. So I had about $6,000 in available balance on the precise day that my landlord deposited my rent check. My landlord now claims that that check bounced. I don't see how it could have done.
OK. Your earlier post made it sound like you were 100% sure the Nov. check bounced. One last point of confusion. You've been in touch with your bank. They have apparently provided you with a great deal of information. If they check bounced, that would be in their records. It could be cleared up with a phone call, which evidently you have already made. So: did you ask your bank if the Nov. check bounced, and what did they tell you?
It is possible that Netbank's system didn't process your transfer of funds before your landlord deposited the check. I'm just guessing. Not clear if you made the transfer BEFORE the deposit (i.e., midnight at the beginning of the day) or after (midnight at the end of the day).
In any case, if you have reason to believe that the two earlier checks are still out there, mislaid, you may also want to stop payment on them, assuming you are giving your landlord a new check to cover both months' rent. -
linusvanpelt wrote: [quote=mypasswordwontwork]My landlord deposited my November rent check to their bank account on the afternoon of November 2nd. At midnight on November 2nd I transferred $5000 from my money market to my checking account, to cover that check etc. So I had about $6,000 in available balance on the precise day that my landlord deposited my rent check. My landlord now claims that that check bounced. I don't see how it could have done.
OK. Your earlier post made it sound like you were 100% sure the Nov. check bounced. One last point of confusion. You've been in touch with your bank. They have apparently provided you with a great deal of information. If they check bounced, that would be in their records. It could be cleared up with a phone call, which evidently you have already made. So: did you ask your bank if the Nov. check bounced, and what did they tell you?
It is possible that Netbank's system didn't process your transfer of funds before your landlord deposited the check. I'm just guessing. Not clear if you made the transfer BEFORE the deposit (i.e., midnight at the beginning of the day) or after (midnight at the end of the day).
In any case, if you have reason to believe that the two earlier checks are still out there, mislaid, you may also want to stop payment on them, assuming you are giving your landlord a new check to cover both months' rent.
According to Netbank, the November check is being "processed" - it has neither bounced nor cleared yet. I asked the customer services clerk whether the fact that I only transfered the funds over on the same day the check was deposited could cause the check to bounce; and she said it shouldn't be a problem.
This does make me wonder precisely what is going on with my landlords. I've left one of them a voicemail about this and he hasn't called back.
I'd also really appreciate it if they would fix my front door because right now the front door to the building does not actually close at all which makes me feel really vulnerable as a single woman. It has not worked now for several months and the security lights don't work either. But of course when you call my landlords about this, they never get back to you........ -
mypasswordwontwork wrote:
This happens occasionally at my building and two times I have written a firm letter to my landlord regarding my safety concerns. Each time he fixed the door within a couple of days.
I'd also really appreciate it if they would fix my front door because right now the front door to the building does not actually close at all which makes me feel really vulnerable as a single woman. It has not worked now for several months and the security lights don't work either. But of course when you call my landlords about this, they never get back to you........
My lawyer-friend later told me that I should have had the letters notarized... just in case God forbid something happened, it would hold up in court that the landlord was aware that the door needed to be fixed- and failed to do so.
Also, if the landlord sees that the letter is notorized maybe he/she would have more incentive to see that the repairs be done quickly. -
sarajean8 wrote: [quote=mypasswordwontwork]
This happens occasionally at my building and two times I have written a firm letter to my landlord regarding my safety concerns. Each time he fixed the door within a couple of days.
I'd also really appreciate it if they would fix my front door because right now the front door to the building does not actually close at all which makes me feel really vulnerable as a single woman. It has not worked now for several months and the security lights don't work either. But of course when you call my landlords about this, they never get back to you........
My lawyer-friend later told me that I should have had the letters notarized... just in case God forbid something happened, it would hold up in court that the landlord was aware that the door needed to be fixed- and failed to do so.
Also, if the landlord sees that the letter is notorized maybe he/she would have more incentive to see that the repairs be done quickly.
Sara if you still have it, would it be possible for you to message me a template of the firm letter you sent? Obviously removing all of the personal details. Thanks! Precious -
Sure!
I'll have to send it tonight b/c I don't have the file at work -
sarajean8 wrote: Sure!
I'll have to send it tonight b/c I don't have the file at work
Thanks! -
your landlords sound like lunatics. what a pain in the ass.
good luck getting it all cleared up. -
alafairnadia wrote: your landlords sound like lunatics. what a pain in the ass.
good luck getting it all cleared up.
Thanks. I just think they're very odd too. Why would they imagine I'd suddenly after all this time stop paying rent? Its not like I just lost my job or something. -
you would be crazy to give large sums of cash to people who appear to misplace checks . . .
:roll:
sheesh!
good luck working it out -
mypasswordwontwork wrote: [quote=raw][quote=Anotherdayinbkln]wow, i can't even to pay my $600 rent. can i borrow some bills?
I had the same thought and wondered if the nearly $2000.00/month rent covers two people.
Nope. I live alone. This is the going rent around here, why the surprise?
I sincerely hope you live in a nice, sunny, clean, safe, HUGE apartment. Half of the buildings I looked at in Park Slope (two bedrooms in the same price range), were spacious, but I rejected them because they had rotted floors, major plumbing problems, mold, and most likely were infested with vermin, like moths hungry for wool sweaters.
Speaking of vermin, if you ever get bed bugs in your pricey space and your landlords don't take action, those bedbugs might like a bus ticket to your landlords' homes.
For the price you pay for that apartment, your landlords should treat you as a top client and provide EXCELLENT service, not like some dog they can kick around. -
raw wrote: [quote=mypasswordwontwork][quote=raw][quote=Anotherdayinbkln]wow, i can't even to pay my $600 rent. can i borrow some bills?
I had the same thought and wondered if the nearly $2000.00/month rent covers two people.
Nope. I live alone. This is the going rent around here, why the surprise?
I sincerely hope you live in a nice, sunny, clean, safe, HUGE apartment. Half of the buildings I looked at in Park Slope (two bedrooms in the same price range), were spacious, but I rejected them because they had rotted floors, major plumbing problems, mold, and most likely were infested with vermin, like moths hungry for wool sweaters.
Speaking of vermin, if you ever get bed bugs in your pricey space and your landlords don't take action, those bedbugs might like to your landlords' homes.
For the price you pay for that apartment, your landlords should treat you as a top client and provide EXCELLENT service, not like some dog they can kick around.
What do you mean about the bedbugs? That I should actually implant them in my landlords' properties?:)
You're right, I do deserve to be treated better. I'm actually considering moving to a place in the hood for 6 months to a year so that I can save the deposit to buy my own place. A friend of mine actually has an apartment that only costs $500 a month. She herself says that the apartment is foul though. -
Forgot to add: yes its a really big apartment and its renovated. But the location is not all that; its one of the few not-fully gentrified blocks running between 4th and 5th Avenue. It does have a huge bedroom, a spacious study and a tiny den though. So I figure this is the going price for it. I've looked at other places and I've found that I could get a studio or very small 1 bed in the same condition in the same nabe for about $1600 and up. But it doesn't seem worth the drama of moving, possibly paying another broker fee and having much less space just for that kind of saving. If I could find a really nice, smaller place for say $900, then I'd be out of here like a shot
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