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Additional D... |
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Additional Details
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Pam Z | 2 lost rent checks 15 mos. old? |
July and August 2007 we paid our rent to our landlord (after living there 13 years). In September 2008 our landlords representative called us and said they can't find the checks we sent for rent from 2007 (July and Aug.) . We told them we would research the situation. It appears the checks didn't clear the bank and they asked us to write them new checks. We informed them we don't have two months of rent laying around and asked if we could pay them $200 a month until it is paid off. The representative (brother of landlord) called back and said our landlord is very angry at us for this and she will not take less than $500 per month in addition to our normal rent. Do we have any recourse? We can't afford an extra $500 per month but $200 would be reasonable. At this point we may need to find a new place to live.
Additional Details
Ok, my roommate writes the rent checks and no he doesn't balance his checkbook which I have already got on him about. I don't need more advice about balancing checkbooks, just the facts please. I'M NOT AN IDIOT and was a landlord once too. |
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Jiminy Cricket
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I would love to have tenants who paid their rent religiously for 13 years! This guy is an idiot to not work with you on the $200/mo approach. As for the folks saying "why don't you balance your check book". What kind of an idiot landlord doesn't notice 2 months of missing rent right away?
You are in the drivers seat on this one. The guy obviously hasn't been missing the cash. Threaten (nicely) to leave if they don't cut you some slack. $200 a month IS reasonable. Yeah, you owe it AND yeah he didn't even notice it til now. You're even...assuming you make good on the debt in reasonable course. If they still won't budge. Move. There are plenty of empty apartments given all the doomed investment property out there. |
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Angie
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Don't you balance your checking account? If you did you would realize that there were checks you had written that were not cashed. In addition, you would not be writing other checks and "using up" the money that you had designated for those rent checks. Granted she should have cashed the checks promptly, but really, this is your fault for not properly managing your checking account. |
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maxmom56
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You have no recourse. You owe the rent. If you wrote the checks and they didn't clear, the money should still be in the account. If it isn't you spent it on other stuff. |
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justme
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You should have been balancing your check book. Didn't you notice you had extra money?? I would pay the man ASAP. If he is willing to settle for $500 per month until it is paid, I'd do it. If you move you'll have to come up with a deposit won't you. Either way, you still owe him and he has every legal right to collect it. |
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yogi
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You are responsible for the unpaid rent. Like other said, you should have been aware of it when balancing your check book, especially when it was two months in a row. I have to admit, it looks like you thought that after all this time, your landlord had forgotten it.
Saying that, your landlord has been very negligent only bringing this to your attention now. I would ask to speak to the landlord directly and see if you could make some agreement with her, especially since you have been there over 13 years. |
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src50
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Are you seriously saying that in over a year's time, you didn't notice that the checks hadn't been cashed? You were just hoping to get away with it. You owe. |
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schwildcat1977
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You legitimately owe that money. You need to pay what they asked for or face eviction for non-payment. It may not seem fair but it is legal. Also, if you are on a lease and you just leave, then you also run the risk of losing your deposit and other fees depending on how pissed off your landlord is.
My only other suggestion is to ask for mediation thru the court, which is typically an option before eviction. |
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vinaykagarwal
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I don't think there is a legal or small claims court option for you. Your best bet is to win this negotiation with your landlord. In order to win the negotiation, it helps to be in "position of strength."
Do you have option to move? If, and only if you do have this option, you can threaten to move out. If the house is empty for even couple of months, that more than offsets landlord's receivables. Do not bluff otherwise you may find yourself in worse situation. |
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estielmo
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This is mostly your fault for not balancing your checkbook each month. Where did you think all that extra money came from, the Tooth Fairy?
At the same time, they share major blame for not doing their books either. I'd politely say "Sorry, we can only afford 200 per month, you'll have to deal with that."
And, yes, I'd have my eyes open for a new place, but be sure the current landlord won't help with a referral. |
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