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tinkerbella9287 | Stop Payment? |
I stopped payment on a rent check recently because the landlord has not done the things he said he would do. Fix kitchen window no glass its all boarded up. Trash piled up on both sides of our front door that was here when we moved in, That has not been taken care of. Etc... The landlords wife came to my door today and told me they were going to have me arrested for stopping payment on my rent check. Can they do that? I don't know if this helps but I live in New York State. |
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Former Democrat New Independent
 |
No. I don't know about New York law, but most states require an eviction process. You have to get a detailed record of what they haven't done. Look at your lease and what they promised. Take pictures. But your money in an account, and keep receipts. that way if you have to go to tenant landlord court, you'll have proof that you haven't been f---- up the money, and that you withheld it because the landlord hasn't kept their end of the bargain. If they try to lock you out, call the cops. It's illegal. Good luck! |
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Mark S
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No they cannot have you arrested for this. You need to file a claim in court for violation of contract. Assuming you have a contract. |
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nervousenergy73
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Check your lease, sounds like you got a slumlord!! Did your landlord give you anything in writing that said they would fix all of that? If not you might owe. |
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ITGUY
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You still have to pay them to live there. Getting them to do the things you need is a battle in its own. Good luck. Lan Lords can be A##*()@# |
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americanfreeman
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No, it is a civil matter.
Writing a bad check is only a crime if when you write it you know you do not have enough money to cover the check.
Landlord disputes are bad. I would move. |
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skibunny
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You won't be arrested, probably just served with court papers. But yes they have the legal right, you have to continue to pay rent. You can file a grevience against them first though. |
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Deluca - Anti Jonas FANS
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They can't arrest you but they can give you a 3 day. (3 days to pay your rent or you have to get out) The police will come and escort you out or change the locks on you. Either way it sucks because you have all of your belongings in there. I say pay it and move out. Start taking pictures of all of the things to ensure that you get your deposit back. |
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Shay
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Not real sure, but I believe that your lease agreement would state that your agreement is to pay the rent no matter what the landlord has committed to you. (Probably some provisions for safety hazards and such)
What I do know is that they would have to go through the eviction process, being that the issue is the non-payment of rent, not stop payment on your check. I'm not sure about New York, but in Texas that process is up to 90 days. Hope this helps... |
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Stephanie M
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There are a few key pieces of information that is missing:
1) Where in New York State do you live? (City’s do have difference laws and regulations landlords and tenants must follow.)
2) Do you live in a house or an apartment building? (They also have difference rules and regulations due to safety standards.)
3) If you live in an apartment - does your landlord live there also? (This would help classify your case and neglect.)
4) Are they a hired landlord or do they actually own the property?
The best way to help you is give you a starting point: (Sorry I couldn't do more!)
1) Get a notebook; write EVERYTHING!! Each date you informed your landlord (note if it was wife or husband) of each problem. If it was in person, or if it was by letter. What time of day it was (if they try to lie about this, you have a time.)
2) Call your city office and locate any and all tenant and landlord rights. (This may take some leg work, but if you know what they can and cannot do, you are protecting yourself.)
3) ALWAYS follow up with people whom help you. If you write down names and numbers and let them know you are writing down information they are giving you. People are more willing to help if they know their time is appreciated.)
4) Get a copy of your lease - read it, reread it, and read it yet again - make notes of things he has not followed through with. (If you know it by heart, when you speak to them you can reference details.)
Suggestions: If you have not followed through up to this - write down what you remember. Pay this month's rent in person, with a witness, a check and a letter asking them to fix and clean!!
When writing letters -spend a little money and get a COPY stamp in red and Blue Sharpies. From here, you will be dealing with three pieces of paper: original letter with your signature in blue sharpie (L1), first copy with red stamp (L2) and copy of the red stamp (L3). The reason for copying the copy is to prove that you did stamp their letters with a red copy (your version will be black) Give the red stamped copy (L2) to your landlord. They will know from this you are keeping records. You keep the original (L1) and the copy of their version (L3).
Reason for copies: you are documenting everything you are doing - the red copy will copy black, the blue sharpie will bleed through paper and will copy black - these are little steps for your protection and documenting purposes.
If you give the letter to them by hand document - date, time, person's attending on a sticky note and staple it to the original.
If you mail it do two things: 1) Include your rent check and 2) et a delivery certification (letter has made it to their box) or a delivery with signed pick-up certification (letter has made it to their box and they had to sign to pick it up - you get the post card back with their signature.) The best, safest, and legal way to do it is to have a signed pick-up certification. It holds up better in court if you must go that way...when they sign for it, that cannot say they did not receive the letter. |
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Kitten Toes
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No, they can't. But you can take them to court for the condition of the apartment and the grounds, if they are refusing to clean up and take care of the property. |
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dread_queen6229
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General Info:
Landlords May Have to Make Minor Repairs
like the annoying problems most tenants face, like leaky faucets, old paint, torn screens, or worn flooring? While these types of problems can be unpleasant or inconvenient, they don't make the unit uninhabitable. Does the landlord have to repair them?
Is my landlord required to fix a major leak and exposed wires?
Whether your landlord must take care of a minor repair depends upon a number of factors, beginning with the nature of the problem. Purely cosmetic repairs are not legally required. Mildewed grout or worn carpet, for example, are less likely to require a landlord's attention than are loose tiles that make the shower unusable or holes in carpeting that could trip someone.
If you're not sure whether your landlord is legally required to make a repair, check to see if your specific complaint is addressed by:
the terms of your lease
any oral or written promises your landlord has made
state and local building codes, or
state landlord-tenant laws.
2. Propose mediation. If your oral and written requests are ignored, contact a mediation service, which will invite the landlord to meet with you and a trained mediator. The mediator will help the two of you reach a mutually-acceptable solution, but will not (unlike a judge) impose a solution. Many communities offer free or low-cost mediation services as an alternative to going to court.For more information, see the Mediation section of Nolo's website.
3. Report your landlord to your local building or housing agency. Some minor problems may violate local building or housing codes. Call the agency that enforces these codes in your area to find out. (Look under the city or county government listings of your phone book.) Officials at the agency should be able to explain whether your problem violates local or state codes, and may be able to take action against your landlord.
Keep in mind that reporting your landlord won't likely improve your relationship, which may be important to you if you want to stay in your unit for some time. Even state "antiretaliation" laws, which prohibit rent hikes, terminations, or other adverse actions following a tenant's complaint to a government agency or exercise of a legal right, cannot forestall a sour relationship.
4. Sue your landlord in small claims court. If you can prove in court that the unaddressed problems decrease the value of your unit, a judge can award you the difference between what you've been paying in rent and the amount the unit is actually worth. Obviously, suing your landlord is not your best option if you want to salvage your landlord-tenant relationship. But if you've tried everything else and moving elsewhere is not feasible, taking your landlord to court might be the right remedy. For more information, see the Small Claims Court section of Nolo's website
Hopefully the stop payment will not cause a problem for you. In the future follow the advice above.
Good Luck! |
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lilmax
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Suggest you take the rent pmt. and fix those things the landlord has not. Save the receipts, so if the courts try to
say that you weren't paying rent ; you have something to argue back with...
You should also start looking for another rental as well. Your landlord will probably continue to be an A...hole.
By the way, the police can"t do anything about a stop-payment. It's a civil matter, not a criminal matter.... |
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hellogoodbyeuk
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you need to make sure your contract covers the mantainance things that you have stated. if so, don't pay, when the police come you have the contract to show them as proof as to why you aren't paying. |
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mscarriem
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sounds to me like you are in the wrong here. the landlord cant arrest you, but they can take you to court I believe and not only get rent, and fee for the stop payment but also charge you money for days on non rent. You can not stop payment on rent because of needing a window fixed and trash thrown away, you can however send them a certified mail letter telling them that you need them to come take care of the stuff within a certain amoutn of days. The trash and window do NOT prevent you from livin in the house or any endangerment you cancelling the check is basically VERY VERY bad |
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Bill C
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First off, 2 wrongs don't make a right.
They were wrong for not attending to your problems, but you can't be behind on your rent either. You have to file a complaint with the police before your landlord files for your eviction, based on stopping your rent check. Usually the person who gets to the law first has an advantage. I don't know why this works, but it does.
Second, look at your lease. Make sure you note everywhere about what the landlords responsibilities are supposed to be. If he is in the wrong, you need to make sure it can be clearly pointed out.
Last, if this does go to court and you win, you might be able to stay at the apartment for free while they attend to your complaints or may get some of your rent money returned. My point is, even if nothing happens in your favor, it's only worse if you're in the wrong for not keeping up on your rent. The landlord may also contact credit agencies and mark you as a late payer on your credit reports. Please be careful on how you handle this. |
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