Posted on 10/18/2021 10:54:17 PM PDT by Califreak
I don't know what to do here. Landlord is "losing" my rent checks that I always send out a week or two early.
I have had to stop payment and reissue two checks in a row. The second time I sent it certified mail, return receipt requested. USPS tracking says he was not present to sign so they did not deliver and left a notice.
(Excerpt) Read more at freerepublic.com ...
Open a bank account specifically for the rent checks. Deposit all monies owed to the landlord and make future rent payments to the landlord as specified in the lease agreement. If returned undelivered, (certified mail, US Post Office), deposit it in the bank account. Do not touch it. You might even want to talk to an attorney and have him hold the account for purposes of a defense for “unlawful detainer/eviction”.
This will be your proof of attempts to pay the rent on time and combined with certified mail receipts shows all reasonable attempts to pay were made. One word of caution; do not open the returned envelopes. They are evidence that you sent the payments and, if unopened, the landlord can not claim that you forged/tampered with it. You can put a stop payment on the checks inside the envelope and deposit the equivalent money in the bank account set up for the rent.
If you receive a 30 day notice/3 day notice to pay or quit or any other notice for you to vacate the property immediately see your attorney. Let the attorney deal with the legal stuff.
If the landlord is attempting to set up an eviction case the judge will see that you tried to pay and went above and beyond to ensure the rent was paid on time. The money in the bank account will be ordered given to the landlord and the landlord will be ordered to provide a current mailing address and to accept all mail/checks from you. Judges hate landlords that try to play the system.
I sent him a text. They don’t return phone calls. They live over an hour away. I have oral cancer and just don’t have the strength to try and chase this guy down. My mouth is all mangled up and rebuilt so I always sound drunk.It really sucks.
Can’t prove it. He could lie and say the envelope was empty.
Sounds like they are setting you up to evict you.
I could see them claiming you are not paying your rent.
Yep, documenting the best I can.We are dumping and donating our stuff and starting to pack things in boxes but I am so worn out from cancer that I can’t do my usual flurry of non stop activity I just don’t have the strength
I only write checks to pay whatever I can’t online or to reimburse my kids if they shop for me or something.
Ha!
Nope, no subletting.
Post 21 sounds like the best option. That way if they refuse to accept the certified mail, if the envelope is unopened, then that’s proof that you tried because the check would still be in there.
Thank you.
The other option is to set up a separate checking account with the amount of money needed for rent checks. Each month make a deposit of the monthly rent check and write the checks to pay the rent only out of that account and do not use it for anything else.
Then do the rest of what you said with the certified mail and checks.
Then you don’t have to make a stop payment and transfer funds. The money for the rent will be there ready for the landlord to access anytime he feels like it and there will be no need to keep a running balance in the regular checking account to make sure you have sufficient funds. The rent only checking account will be used for ONLY that and it would be less confusing to keep track of.
I would also contact a lawyer.
If he’s delinquent on taxes, someone would be very interested in that I’m sure.
At this point I don’t even want to be here anymore.
What worries me is if they are low down enough to lie and say I pay late or don’t pay then they are liable to say we wrecked the house or something.
We put in a security system(with prior LL approval-prior LL was current landlords now deceased father)ceiling fans, painted the fence a nice redwood color, took care of small repairs, kept the yard up and kept it clean. For a short time this year we were !ate getting the yard done but we were dealing with the death of my husband and my disability from oral cancer-I am the one who did everything around here because my husband was sick. We notified them several years ago that the roof was leaking and have been faithfully putting a new tarp on each winter so their house doesn’t get water damage.
I have been wanting to move but I was worried about the house being vacant if they couldn’t get someone else in right away. I was actually worried about springing it on them. Jeez what a sap Iam.
Praying for you!
Oops, just reread the post and saw you had the separate account for rent idea. I was confused because further on you talked about stopping payment and transferring money into the account instead of just writing the checks from that account.
For that matter what is “mail” thing he keeps referring to?
Over the last 15+ years I think I’ve written at total of 3 checks and used the USPS perhaps 3 times and that was only because I had no other alternative.
FWIW I currently rent a room in a house, and I pay my rent electronically every month. My landlord/roommate gave me her bank routing number and account number and every month I do an electronic transfer directly from my bank account to her bank account, and it is free, and the rent is deposited into her account the next day and often the same day. And I get confirmation of the deposit so there can be no dispute that she didn’t receive it or that it was late.
And while I have her banking info, there is no way I can withdraw funds from her account through my banking app, nor can she ever withdraw from mine or even see my bank account number.
Now I can understand why some people may not want to give someone their banking information but there are other methods such as Venmo or PayPal or Cash App or even Amazon Pay, many of them free or at a very low cost, less cost than sending checks via certified/return receipt requested mail.
Before living where I currently live, both of the 2 apartment complexes I lived in for the past 15 years had an electronic payment option.
If I were you, I’d tell your landlord since the checks you write and mail for rent don’t seem to be getting to him or being cashed, that he needs to provide you with some sort of electronic payment option and until he does, he will have to come to your home to pick up the rent check in person on or before the due date.
Yes, that is exactly the vibe I am getting. I am betting a whiff of phony indignation from him and when his wife calls I can almost see the snotty little smirk when she lets out that fake helium laugh.
She really sounds like she is enjoying it.
I hope I can get out of here without incident and just move on. I would be very happy just to leave but they sound like they’re going to give me grief.
If they do I hope they get the tenants they deserve after we’re gone.
Thank you.
Maybe one of your kids that are helping you sort through stuff at your house could go and try and talk to the landlord?
Actually no I didn’t have the seperate bank account idea. That seems like it would only complicate things further because I hardly ever write checks.
I make sure there’s enough in there to cover but having to pay the 25 dollar fee to stop payment and spend even more money trying to send it certified mail is just too extra.
My daughter and I despise them now. They are being very dishonorable. When LL father(our old LL until he passed away)was in the hospital in hospice my husband and I drove up there and visited him. He never hassled us he was just glad to have good tenants that paid the rent on time every month. My husband and I have been here for almost thirty years.
We paid every penny of it all through the pandemic and always early. I really don’t know what to think.
Fun Fact—delinquent tax monies are due on the 31st of October.
I’m sorry you’re going through this...
There’s no way of knowing what the landlords are up to. But, if they’re behind on property taxes, then they might want to sell the property in this hot market.
You were smart to send your checks certified mail and to text the landlord. The others here are giving good advice about documenting everything and opening a separate checking account.
Good thing you want to get out of that house. Document everything and look for a nicer place. You deserve it!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.