 What do you think of someone buying a home and having a mortgage at a young age? |
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| Yesterday I received a three day notice dated 11/13 that said "Pay amount due or property will be seized". I lived in Contra Costa County, California. Do I have any options or protections?... |
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I am renting my home for the first time. For those of you are property managers, can you provide me some tips or information on what i need to look for?
I know i will do background and ... |
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 Is it legal for a landlord to tell other tenants that your leaving??? |
And also do you HAVE TO leave a forwarding address?
What's the best way to make sure you get your whole security deposit back?
Additional Details
IT WOULDN'T BE NICE FOR HI... |
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localgod208 | Is there a limit to how long a landlord can hold a check without depositing? |
My landlord has been waiting longer and longer to deposit my rent check. This month, i failed to notice, however, they deposited May and June's rent a day apart from each other. May's rent was held for 36, and at no point did they inform me of this fact, or let me know why. They also didn't tell me when they'd be depositing it.
Because of this i incurred a bank fee, which i imagine i won't get back, but I'm really more interested in being sure this doesn't happen again. It can't be legal.
I live in Everett, Massachusetts.
Can anyone help me? |
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kimmamarie
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I have worked in a bank for many years. A personal check can be held then cashed up to six month after it is written. Boogie is totally wrong. There is no such thing as writing that it is no good after 30 days on it and the bank has to honor it. Nor will a bank honor a postdated check either.
So yes, your landlord can hold it for up to 6 months. If you balance your check book you will realize he hasnt cashed it and not spend it. Any check fees you incurred by spending that money are yours and the landlord doesnt have to reimburse you. He also doesnt have to tell you when he will be cashing your check. I cash my renters checks at different times, sometimes not until 30 days later either. Its just a matter of timing. I prefer to wait until I have all the rents, utilities and late fees and deposit them all at one time. Its my choice. Your check bounces, that is your mismanagement and your problem.
As long as you pay your rent on time and have the money in the bank, quit worrying about when he cashes it. If its after the 6 months, then thats his fault and he will be out that money. He would have to return your check to you and you would have proof that it was on time and in his hands. |
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reenzz
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Of Course it's legal. A check is a an instrument of a "promise to pay" and a legal note...Most checks have a 60-90 day stale date....yet I've seen checks go through after a year. The landlord has no obligation to inform you of when he plans to deposit your check...you on the other hand have an obligation to have funds available for when he does. Why should your landlord tell you when he is depositing your check? It's actually none of your business as long as he does it before the check becomes state. You incurred the bank fees because you spent money against the money that was promised out to someone else through a check. Balance your checkbook and don't write checks for more than what you have. If your check was not good at the time of the deposit you can be brought up on criminal charges....ie...fraud. |
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Sophiesmama
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I would suggest getting a money order to pay him, then you know the money has come out of your checking account right away. |
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Margie U
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Sadly, your state does not have any laws regarding prompt deposit of checks for rent. See your tenants' rights at www.mass.gov. Generally, checks are considered valid until 90-120 days after they're written, so I think it was inconsiderate, but not unlawful.
The only remedy you may have is if you think this late deposit is a deliberate act of retaliation for some previous dispute. If nothing else, start keeping written records, make all correspondence in writing, and keep copies of your bank statements if you need to prove a pattern of bad behavior on your landlord's part. You may want to contact your local bar association if you need additional assistance (www.massbar.org). |
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Over It
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i would check with your bank to see if their is a time limit on the day you write the check to the day it is deposited.. i THOugGht that it was 30 days. but that just poped into my head... now the bank isnt going to be very sypathetic because they say its you responsibility to know what checks are still out on your account and you should have the money to cover.. blah blah.... ( i know how it is).... the best would be to ask your bank. then see if the landlord will deposit it right away... what about cash? then you have a recipt right away and their is no question... how bout a money order?? then its out of your account and in the landlords hands.... thoes might be a way to avoid it in the future...
oh also... if you dont get many fees... call the bank and be REALLY nice and see if they can "help you out" with the fee "just this once"... ive done it, it works most the time... good luck |
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SmartA$$
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here is a link to the state's website and the page for landlord responsibilities, check there to see if there are any regulations. |
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hcn71
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I don't think there is a law.
But yes, use money orders, or even easier, have your bank cut one of their check, and mail it to your landlord, monthly. You will always know when the rent is coming out of checking. |
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booger0819
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a check becomes "stale dated" in 6 months which means it is void after it becomes that old.. you can either get a money order, or put on your check in bold black letters "VOID IN 30 DAYS" and the bank MUST obey this, if it gets cashed after that, take it to the bank president and demand that the check be returned unpaid. All banks are to be aware of the date on a check BEFRE depositing it or cashing it. Now it may still clear your account after the date if the landlord waits til the final day to deposit it. |
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George P
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I don't think there is a limit. Since you wrote the check saying funds are available, then they can cash it whenever they want. It just so happens, they wait and do it. If you balance your check book, you shouldn't be getting bank fees for funds not available.
You could talk to the apartment manager and ask why it takes them so long to cash it. |
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Belle
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My mobile home managers were doing this to me as well. It's not illegal & they can hold the checks for years even.
Take Sophiesmama's advice & get a money order next time. I started doing that when I had 3 rent checks clear almost back to back in ONE month. Money orders take 10 BUSINESS days to clear, which essentially holds off their payment a little longer. You're in good hands because the rent's paid & you have the receipt for the money order.
Moneygram is the place that I get mine from either from Wal-Mart for 33 cents or at the grocery store for 50 cents. Some check cashing places will sell them free if you buy it there, some charge up to $1.
The post office charges
$0.01 to $500.00 .......................$1.05
$500.01 to $1,000.00 ................$1.50, which I copied from their website, sourced below, along with the link to moneygram.com. Also the post office ones HAVE to be redeemed at the post office, any location will do. These can NOT be deposited into any kind of checking, savings or other account to be redeemed.
Stale dated checks don't apply these days unless you're using a check cashing place. I had one magazine renewal go through almost 9 months AFTER I wrote the check, them claiming a misunderstanding, my knowing darned well they were sitting on the check for their own reasons. I've had several banks tell me that stale dated checks can still be deposited for clearance as long as the funds are available.
Some states have check clearing machines where the check is sent through to verify funds. Property owners who rent should have one or call the bank in front of the person to verify funds, then deposit the check immediately. Those that don't deposit immediately are lazy. |
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